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HomeMy WebLinkAboutSOLIS GROUPINSURANCE NOT ON FILE WORK MAY NOT PROCEED CLERK OF COUNCIL DATE: A-2020-186 `O AGREEMENT TO PROVIDE PROFESSIONAL ADMINISTRATIVE SERVICES FOR CITY pF SANTA ANA'S COMMUNITY WORKFORCE AGREEMENT THIS AGREEMENT is made and entered into on this 15th day of September, 2020 by and between TSG Enterprises, Inc. (dba The Solis Group) ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On June 23, 2020, the City issued Request for Proposal No. 20-096, by which it sought a qualified consultant to provide professional services in administering the City's Community Workforce Agreement (CWA). B. Consultant submitted a responsive proposal that was selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 20-096. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. Consultant's Proposal - Exhibit B, is attached and incorporated in full. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit C. The total amount to be expended under this Agreement shall not exceed $1,200,000 during the term of this Agreement, including any extension periods. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on September 14, 2022, unless terminated earlier in accordance with Section 16, below. The term of this Agreement may be extended for up to two 1-year periods upon a writing executed by the City Manager and City Attorney. 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws, 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. Page 2 of 8 7. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: i. Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. iv. Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference into the Agreement. V. Consultant shall supply City with a fully executed additional insured endorsement. f. 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 Page 3 of 8 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 affect 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. 8. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. Page 4 of 8 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. Page 5 of 8 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 18. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 19. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be Page 6 of 8 cause for termination of this Agreement. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 21. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 To Consultant: With Courtesy copies to: Executive Director City of Santa Ana, Public Works Agency 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Fax:714-647-5635 TSG Enterprises, Inc. dba. The Solis Group 131 N. El Molino Avenue, Suite 100 Pasadena, CA 91101 Fax: 626-685-6985 Attn: Elizabeth Solis/Jeremy Turner A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. Page 7 of 8 A-2020-186 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: r: Daisy Gomez Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: ll ' 1..4- John unk Assistant City Attorney FOR APPROVAL: lyabil Saba E ecutive Director Public Works Agency CITY OF SANTA ANA Kri tine Ridge City Manager CONSULTANT: Terry E. So s Chairman & Secretary of the Board of Directors Page 8 of 8 EXHIBIT A Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR RFP NO. 20-096 COMMUNITY WORKFORCE AGREEMENT (CWA) PROFESSIONAL ADMINISTRATIVE SERVICES Introduction and Backaround: The Community Workforce Agreement (CWA) is an agreement between the City of Santa Ana (City), the Los Angeles/Orange Counties Building and Construction Trades Council, and affiliated local unions. The CWA became fully integrated into project specifications in September of2017. The City seeks proposals from capable and experienced firms to provide professional services in administering and enforcing the obligations of the CWA to ensure that the benefits envisioned from it flow to all Parties, including the Contractors, crafts persons working under it, and the residents of the City. The aim of the CWA is to increase employment opportunities for workers who live in Santa Ana, Orange County, and Veterans, regardless of where they reside, increase training and employment opportunities for the City's construction trade students through apprenticeships, and to promote efficiency of construction operations performed for the City. The CWA applies to all of the City's Project Work performed by Contractor(s) of any tier that have contracts awarded for such work, for the development of the City's facilities which have been designated by the City for construction or rehabilitation. Project Work covered by the CWA is defined and limited to all construction and major rehabilitation work for multi -trade construction contracts exceeding two -hundred and fifty - thousand dollars ($250,000), and all specialty contracts exceeding one -hundred thousand dollars ($100,000). A goal of thirty (30) percent of total work hours shall be performed from workers residing within the areas defined in the CWA. Description of Work: Provide all services, and support, required to actively administer and enforce the obligations of the CWA, ensuring that the benefits envisioned from it flow to all Parties. Firm/Contractor Responsibilities: The selected firm shall provide professional administrative services that include, but are not limited to the following: 1. Act as the City's authorized representative and the liaison between the City, Contractors, and City of Santa Ana RFP 20-096 Page Al -1 Local Unions, coordinating all CWA activities. 2. Attend Pre -Bid and/or Pre -Construction meetings to provide an overview of the CWA, responsibilities outlined within the CWA, and resources available to assist Contractors in achieving the CWA goal. 3. Conduct Pre -Job Meeting between Contractor, Sub -Contractors, and appropriate Unions, informing all parties of their rights and obligations under the CWA. 4. Assist and guide Contractors during all phases of construction. 5. Assist and advise City staff in the preparation CWA sections of project Specifications and Bid Package. 6. Assist in review, and responses, to CWA related Requests for Information during bidding. 7. Collect, review, and verify all forms required by the CWA, prior to commencement ofproject work. Create and maintain a CWA Administration database. 8. Assist in interpretation, clarification, and application of the CWA. 9. Recommend enhancements of the CWA. 10. Investigate, supervise, and resolve CWA grievances. 11. Monitor and recommend enforcement measures to ensure compliance by Contractor, and Local Unions, with provisions of the CWA. 12. Organize monthly meetings with City staff, providing CWA update on City projects. 13. Prepare various monthly, quarterly, and annual reports detailing CWA activity. 14. Prepare a Project Closeout Report outlining obstacles, violations, services performed, and final percentages achieved by workforce type (Santa Ana, Orange County, Veterans and Non -Local). 15. Prepare an Annual report summarizing all CWA activity (planned, active, and completed projects), to present to City Council and residents of Santa Ana. 16. Develop a CWA Compliance Packet to assist Contractors in complying with the CWA, as needed. 17. Author a formal CWA Policies and Procedures manual as a guide for CWA administration duties. 18. Train City staff, and those identified by the City, on implementation of CWA by developing educational material and presentations. 19. CWA orientation for Contractors, as needed. City Resoonsibitities: The City will furnish copies of project Plans and Specifications. The City will make available any other material related to the Community Workforce Agreement. Special Requirements None. Prevailing Wages The successful firm will be subjected to compliance, monitoring and enforcement by the State of California Department of Industrial Relations. The firms are required to inform themselves fully of the conditions relating to labor under which the work will be performed. In accordance with the California State Labor Code, prevailing wage rates apply per the following link. City of Santa Ana RFP 20-096 Page Al-2 httl2://www,dir.ca.gov/public-works/nublicworks.html Firm shall provide certified payroll to the City upon invoicing. The City will not process invoices until certified payroll has been provided. Fee Proposal In addition to Section IV.13.3 (Submittal Requirements: Fee Proposal) fee schedule shall be structured as follows: Proposer's Fee Proposal shall be submitted concurrently with the technical proposal, but in a separately sealed envelope, clearly labeled as "Fee Proposal." This shall include the fmn's Standard Hourly Fee Schedule, inclusive of all anticipated applicable fees for the types of projects described in this RFP. The proposer shall also submit another Fee Proposal to include classifications or services that can be provided by the proposer. This fee proposal should be included in the aforementioned envelope. City of Santa Ana RFP 20-096 Page Al-3 EXHIBIT B Proposal to Provide Community Workforce Agreement Professional Administrative Services a. Cover Letter July 14, 2020 Michael Ortiz, Project Manager City of Santa Ana Public Works Agence; M-22 20 Civic Center Plaza; Ross Annex Santa Ana, CA92701 RE: Request for Proposals Community Workforce Agreement (CWA) Professional Administrative Services Dear Mr. Ortiz: The Solis Group (TSG) has a proven track record of cost-effectively implementing Community Workforce Agreements (CWA) for public agencies. Headquartered in Pasadena, we are ready to support the City's mission for its Capital Improvement Program and to achieve the local resident and veteran hiring goals. TSG has repeatedly been selected as the best -value offeror in delivering similar programs throughout California, with six similar assignments in the City's neighboring communities at this time. We will leverage our previoussuccessesandcurrentrelationshipstomeet — and exceed — all City goals. We will achieve this through our: • 27 years of experience supporting public agencies • Track record of achieving a variety of local hiring program goals including tiered programs with local resident and veteran goals • Strong history of effective labor relations management with the building trades • Direct experience in grievance processing, mediation, and arbitration • Coordination of CWAworkforce development and employment programs that engage and educate the local workforce and contractor community, including TSG Enterprises, Inc. dba The Solis Group 131 N. El Molino Avenue, Suite 100 Pasadena, California 91101 Phone: (626) 685-6989 Fax: (626) 685-6985 Proposal Contact: Gary A. Hamm local small businesses Senior vice President Internal Quality Assurance protocols to ensure on -time Phone: 626-685-6989 • Email: ahamm(@th solicero m.com and on -budget performance. CHE o SO is 131 N. El Molino Ave. Suite 100, Pasadena, CA 91101 ■ Office: 626.685.6989. Fax: 626.685.6985 Page 1 GROUP a" I Proposal to Provide Community Workforce Agreement Professional Administrative Services JererrriTumer will be your CWA Administrator and he stands ready to provide hands-on professional services to the City immediately upon award. He has direct experience managing a varietyof CWA and related compliance programs for our municipal and public works clients, as well as local K-12 school districts and community college districts. Jeremy has strong existing relationships with the IA/Orange County Building Trades Council and related local unions. Evidence of Jeremy's success managing CWA and local hiring programs includes his strong performance on similar programs. Recently, Jeremy began work as the Project Labor Coordinator at Anaheim Union High School District where his projects are currently at 58%and 53%versus the goal of 30%. Other successes are highlighted in the balance of this proposal and on his resume. Why choose our team? We have a proven track record of keeping clients compliant with their project funding sources, enabling them to meet critical deadlines and schedules. We provide expert advice, accurate and timely reporting, and a staff that is courteous and responsive. TSG is respected in the Industry as a firm that provides Innovative and flexible solutions, not defaulting to "cookie -cutter" solutions to solve compliance Issues. Jeremy and his team are committed to leading a cost-effective program driven by engaging the community, local workers, contractors, and City In partnership toward shared goals. We look forward to working with you. Our service and price proposal Is valid for a minimum period of 120 days from the date of submission. I am duly authorized to contractually bind the company. Sincerely, er Solis h r an and Secretary of the Board of Directors Ilk, 131 N. EI Molino Ave, Suile 100, Posodena, CA 91 101 a 011ice: 626.695.6989 a Fox: 626.685.6985 Page 2 Proposal to Provide Community Workforce Agreement Professional Administrative Services Table of Contents Section 1. Statement of Qualifications a. Cover Letter ................................................... Table of Contents Page No. ............................................1 b. Agreement Statement.........................................................................................................3 c. Firm and Team Experience...................................................................................................3 d. Understanding of Need......................................................................................................13 e. Relevant Experience...........................................................................................................15 f. Quality and Staff Availability..............................................................................................17 g. References..........................................................................................................................18 2. Scope of Services & Schedule................................................................................................19 3. Fee Proposal...........................................................................................................................20 4. Certifications..........................................................................................................................20 CM THE. GROUP 131 N. El Molino Ave, Suite IOO,Pasadenp,CA 91101.Office: 626.685.6989. Fax:62b.685.6985 Proposal to Provide i,a Imp Community Workforce Agreement Professional Administrative Services b. Agreement Statement The Solis Group (TSG) concurs with the provisions as contained in the standard agreement attached as Attachment 2, in the Appendix of the subject RFP. c. Firm and Team Experience History of Firm The Solis Group (TSG) is a program management and compliance consultant for public works construction programs. We specialize in the administration of Community Workforce Agreements (CWAs) and related services necessaryto ensure the success of local hire and small business utilization and labor compliance programs. The Solis Group Summary Information Major Services CWAAdministration Provided Local hire and targeted worker program s • Local/Small/MinodtyANomen- owned Business Utilization • Labor Compliance • Community&Contractor Outreach Firm Size 30staff members Corporate Established in Pasadena in1992, Organization TSG is a Califomia corporation. TSG Enterprises, Inc., dba The Solis Group is Location of Corporate 131 N. El Molino Avenue, Ste 100, a California corporation headquartered in Headquarters Pasadena,CA91101 Pasadena, California. The firm was established in 1992, has been in business for 27 years, and has 30 employees. Services on this assignment will be provided by staff from the Pasadena office. Our firm is one of the pioneers in helping owners with the management and enforcement of CWAs and local hiring programs -often for agencies Implementing their first such programs. We bring the technical expertise to manage the details of these programs along with a genuine focus on the stakeholders and people served by them. The Solis Group (TSG) is a proven CWA Coordinator with track record of demonstrable success in administering Community Workforce Agreements (CWA) and achieving local hire program goals for public agencies like the City of Santa Ana. We are optimally suited to provide the inter -related services required for this assignment: • CWA Professional Administration • Local Hire Jobs Coordination TSG has supported many public agencies in CWA administration and local hire programs on both small construction projects and large-scale programs, with 25 CWAs in the last five years alone. Our depth of experience managing and interpreting CWAs enables us to offer a fresh yet informed perspective on tackling core issues, minimizing project disruptions, and 'hitting the numbers.' A listing of recent CWAclients is provided later in this proposal at Section e. - Relevant Experience. Ch 131N.EIMoNnoAve,Sdrfe100,Pasadena,CA91101. Office: 626.685.6989■rax626685.69a5 Page Proposal to Provide Y i✓ Communit Workforce AgreementProfessionalAdministrativeServices The Right Team for Today -and Tomorrow. We've deliberately sized our team to coverall City needs for its immediate plans and future expansion; we're nimble, cost-effective and scalable. Our proposed team members, roles, and experience istabulated below. We also have an additional 25 staff members available to support the City's program should workload demand additional resources. Jeremy Turner will be the City s primary point of contact for this assignment. Resumes for all assigned staff are included on the following pages. Jeremy Turner Project Manager CWA Administrator Mason Lutz Senior Analyst -J, Elizabeth Solis Principal-inchorge Issac Hernandez I I Olga Schriefer Analyst Senior Site Interviewer 9 11 1 131 N. El Mollno Ave, Suite 100,Pasadena,CA 91101■Office: 626.685.6989■ Fax:626.685.6985 Page4 Proposal to Provide Community Workforce Agreement Professional Administrative Services Jeremy Turner Project Manager and CWA Administrator As an experienced Project Manager with eight years in the industry, Jeremy brings number of relevant skills to his Technical Advisor role. He is adept in compliance program development, administration, and monitoring/reporting associated with LCPs. He has worked on public works projects throughout California, managing TSG staff and overseeing data collection and analysis for use in local, State, and/or Federal LCPs. Jeremyoversees compliance data collection and analysisfor LCP and PLA administration, including local or targeted worker utilization programs. He is also highly skilled in ensuring clear lines of communication and serving as a link between the owner, general contractors, subcontractors, local work source centers, and community -based organizations regarding LCP and funding requirements. Relevant Experience City of Fresno, Southeast Surface Water Treatment Facility (WTF), Fresno, CA: Project Manager. Manages TSG team responsible for labor compliance monitoring, enforcement, and reporting to fulfill all California Labor Code and Federal Davis -Bacon requirements for this $16OM project. Also assists in advising contractors on all labor compliance requirements and coordinating formal enforcement actions among public and private agenciesand the City. This program involves CWSRFfunding and TSG is assisting the City in meeting all funding requirements. City of San Mateo, Wastewater Treatment Plant (WTP) Upgrade, San Mateo, CA: Project Manager. TSG is providing labor compliance consulting services for this $2.SM WTP expansion and upgrade as part of the City's Clean Water Program. Enforces compliance with California prevailing wage. Responsible for managing TSG staff providing support with project funding and DIR program requirements; maintaining labor compliance files; distributing certified payroll forms, wage determination, and LCP posters; receiving/auditing CPRs to assure prevailing wage compliance; and conducting, documenting, and reporting prevailing wagejob site interviews. Responsible for identifying potential labor compliance claim issues before they arise including investigating probable violations and complaints of underpayment; verifying registration of apprentices as per California Labor Code requirements; providing monthly reports on submission of payroll records; enforcing delinquent/incomplete payroll records; and performing ongoing contractor education. COR`�$P 131 N.EIMofino Ave, Suite 100, Pasadena, CA 91101■Office: 626.685.6989■ Fox: 626.685.6985 Pages _-- Proposal to Provide Community Workforce Agreement Professional Administrative Services Anaheim Union High School District, Measure H General Obligation Bond Construction and Major Rehabilitation Program, Anaheim, CA: Project Manager. Jeremy is the Project Labor Coordinator responsible for Community Benefits Agreement (CBA) Administration, Labor Compliance, and Local Hire Program Management for Anaheim Union High School District. The program is funded by a $249M bond measure and includes construction projects at seven schools. Jeremy works closely with the District, contractors, and local unions to ensure all projects comply with labor regulations and CBA requirements. Anaheim Elementary School District, Measure G General Obligation Bond Construction and Modernization Program, Anaheim, CA: Project Manager. Serves as Project Labor Administrator/Coordinator responsible for Community Benefits Agreement (CBA) Administration, Labor Compliance, and Local Hire Program Management the District's $77M bond program. Jeremy works closely with the District, contractors, and local unions to ensure all projects comply with applicable labor regulations and CBA requirements. Rancho Santiago Community College District, Measure Q Facilities Bond Construction & Modernization Program, Santa Ana, CA: Project Manager. Jeremy is the TSG Project Manager responsible for PLA Administration and Labor Compliance Program Management for the District's bond construction program. He provides technical assistance to the District, prime contractors, subcontractors, and workers on all issues. He manages the TSG staff performing the day-to-day tasks of site and worker interviews, document audits, and monthly reporting. He is responsible for grievance processing and facilitating labor- management cooperation, as well as managing targeted worker and small business outreach programs. Coast Community College District, Measure M Facilities Bond Construction & Modernization Program, Costa Mesa, CA: Project Manager. Serves as the TSG Project Manager responsible for PLA Administration and Labor Compliance Program Management for the District's $698M bond construction program. He provides technical assistance to the District, prime contractors, subcontractors, and workers on all issues. He manages the TSG staff performing the day-to-day tasks of site and worker interviews, document audits, and monthly reporting. He is responsible for grievance processing and facilitating labor- management cooperation, as well as managing targeted worker and small business outreach programs. Los Angeles County Departmentof Public Works, Master On -Call labor Compliance Contract, Los Angeles, CA: Project Manager. Manages TSG team providing as -needed labor complianceon 25+projects totaling$517M in construction value for LACDPW including the Sepulveda Feeder, San Gabriel Dam, Morris Dam, and Dominguez Gap. Oversees Project Manager's work and serves as point -of -contact for LACDPW on all administrative issues. TSG is currently working on the Tujunga Wash —a Prop-84 funded project —including assisting LACDPW in meeting all funding requirements. CBflU�P 131N.ElMorino Ave, Suite 100,Pasadena, CA91101■Office: 626.685.6989■Fax: 626685.6985 Page Proposal to Provide Community Workforce Agreement Professional Administrative Services Elizabeth Solis Principal -in -Charge A 25-year industry veteran, Elizabeth provides program management oversight and technical advisory skills for public works projects. Her expertise lies in developing and implementing public agency compliance programs including DBE/SBE programs, labor compliance programs, project labor agreement administration, and targeted worker programs. Her years of experience have given her a complete understanding of Federal, State, and local funding regulations and requirements. As Principal -in -Charge, Elizabeth embraces her role as the bridge between the agency and contractors. She has developed a unique set of skills that bring a new perspective to compliance program management. Her experience working as a member of the contractor's project team, as well as working as an owner's representative in a program management oversight role, has given her insight into how to manage a compliance program that will be successful and exceed program goals. Her exceptional communication skills enable her to convey the owner's program objective to stakeholders and contractors, and to develop cooperative approaches with the project team that lead to demonstrative program success. Relevant Experience City of Fresno, Southeast Surface Water Treatment Facility (WTF), Fresno, CA: Principal -in - Charge and Technical Advisor. Oversees TSG team responsible for labor compliance monitoring, enforcement, and reporting to fulfill all California Labor Code and Federal Davis -Bacon requirements for this $160M project. As a technical resource for the team, assists in advising contractors on all labor compliance requirements and coordinating formal enforcement actions among public and private agencies and the City. This program involves CWSRF funding and TSG is assisting the City in meeting all funding requirements. Los Angeles County Department of Public Works (LACDPW), Master On -Call Labor Compliance Contract, Los Angeles, CA: Principal -in -Charge. Oversees TSG team providing as -needed labor compliance on 25+projects totaling $517M in construction value for LACDPW including the Sepulveda Feeder, San Gabriel Dam, Morris Dam, and Dominguez Gap. Oversees Project Manager's work and serves as a point -of -contact for LACDPW on all administrative issues. TSG is currently working on the Tujunga Wash —a Prop-84 funded project —including assisting LACDPW in meeting all funding requirements. 0 1 bp 131 N. El Molino Ave, Suife 100,Pasadena, CA 91101 n Office: 626.685.6989■ Fax: 626685.6985 Page7 Proposal to Provide e' 11 Community Workforce Agreement Professional Administrative Services Los Angeles County Metropolitan Transportation Authority (LA Metro), Crenshaw/LAX Transit Corridor, Los Angeles, CA: Principal -in -Charge. Oversees TSG staff interfacing with LA Metro's construction teams and project contractors and monitoring compliance with State and Federal Davis -Bacon prevailing wage regulationsfor this $1.713 project. Supervises TSG staff in collecting CPRs and monitoring wage underpayment and apprenticeship utilization. Oversees on -site interviews and provides technical assistance. Also oversees preparation of reports to LA Metro regarding status of contractor adherence with labor compliance requirements. OC 405 Partners/Orange County Transportation Authority, 1-405 Improvement Project, Irvine, CA: Principal -in -Charge. Elizabeth is currently supporting the OC 405 team on this $1.7 Billion project for Orange County Transportation Authority (OCTA). Elizabeth oversees and implements the SDBE Program consistent with the Agency's goals, including arranging and facilitating outreach events in the project area. One of the challenges with this project Is coordinating outreach efforts with all six project area municipalities. Exposition Metro Line Construction Authority, Expo Line Phase 11 to Santa Monica, Los Angeles, CA: Project Manager, Served on the program management team overseeing multiple projects that comprised this $1.5 billion transit project. Projects included the physical construction of the rail line, the maintenance and operations facility, the bikeway path, and associated projects. Elizabeth was responsible for providing oversight, support, and performance reporting for all PLA-related programs including: small business enterprise utilization, local hire, labor compliance, and relativeto the agency's PLA and Construction Careers Policy. Her team audited data from the prime contractor to insure contractor compliance with the PLA and CCP. In this effort, she helped the program management team achieve the owner requirement goals for worker and small business utilization. West Basin Municipal Water District, Hyperion Pump Station, Carson, CA: Principle -in - Charge. Overseeing contractor education and support; monitoring and enforcing all LCP provisions; processing grievances; and facilitating labor-management cooperation for $50M group of District projects, including the Hyperion Pump Station. Due to Prop-84 funding, also responsible for overseeing creation of the LCP Manual and shepherding program application through the DIR for approval, as well as fully implementing LCP protocols for duration of the construction projects. Orange County Public Works Department (OCPWD), East Garden Grove Improvements and Trabuco Creek Channel Level Protection Prop-84 Projects, Garden Grove, CA: LCP Administrator. Responsible for drafting and receiving DIR approval for OCPWD's LCP Manual on two Prop-84 funded Orange County projects. Educated contractors on California labor laws, ensured compliance with Federal and State prevailing wage regulations, and responsible for monitoring and enforcing all LCP provisions. Also assisted District in meeting all Prop-84 funding requirements. THE. $Q6 131 N. EI Molino Ave, Suite 100, Pasadena, CA 91101 .Office: 626.685.6989. Fax 626.685.69a5 Page 8 Proposal to Provide Community Workforce Agreement Professional Administrative Services Mason Lutz SeniorAnalyst As a skilled Analyst, Mason supports contractors through his deep knowledge of the programmatic requirements of each assignment. He is effective at explaining the intent of LCP requirements, helping contractors with the insight and resources they need to fulfill their contractual obligations. Mason has direct experience participating in contract compliance investigations including prevailing wage, local hire, and disadvantaged -worker programs. He is responsible for auditing and tracking contractor document submittals, as well as managing TSG site interviewer staff in completing field worker interviews. He also assists TSG Project Managers inthe accurate analysis and reporting of data, and timely processing of invoice payment recommendations and delinquent document reports. Through his contractor education efforts and his critical role in monitoring and enforcement activities, Mason helps drive contractor compliance on agency programs. Relevant Experience West Basin Municipal Water District, Hyperion Pump Station, Carson, CA:Analyst. TSG is providing contractor education and support; monitoring and enforcing all LCP provisions; processing grievances; and facilitating labor-management cooperation for $5OM group of District projects, including the Hyperion Pump Station. Due to Prop-84 funding, TSG is also responsible for creating the LCP Manual and shepherding program application through the DIR for approval, as well as fully implementing LCP protocols for duration of the construction projects. LA Metro, Crenshaw/LAX Transit Corridor, Los Angeles, CA: Analyst. Works closely with TSG's Project Manager to assist with labor compliance responsibilities including overseeing site visits and field worker interviews. Participates in contract compliance investigations including prevailing wage, local hire, and disadvantaged -worker programs. Also performs onsite interviews with project workers to identify work classifications, corroborate payment of prevailing wages, and aggregate verifiable data relative to the tracking of local/targeted worker and apprentice utilization. This $1.7B project includes interfacing with LA Metro's construction teams and project contractors and monitoring compliance with State and Federal Davis -Bacon prevailing wage. TSG sits on the Labor Compliance Bench for LA Metro and provides labor compliance. mm1& 131 N. EI MolinoAve, Suite 100, Pasadena, CA 91101 ■ Office: 626.685.6989■ Fax: 626.685.6985 Page 9 Proposal to Provide L_at,_r a Community Workforce Agreement Professional Administrative Services Mid -Coast Corridor Constructo rs/SANDAG, Mid -Coast Corridor Transit Project, San Diego, CA: Analyst. TSG is a key CM/GC team member on this $1.76 project, serving as Labor Compliance Officer. Assists the TSG Project Manager in ensuring that the CM/GC team remains in compliance with all Federal, State, and local laws and regulations. Also monitors and audits contractor compliancewith applicable prevailing wage requirements, organizes project data, and assists in preparing monthly progress reports to the team and SANDAG. Griffith Construction/LACDPW, Devil's Gate Dam and Reservoir Sediment Removal Project, Los Angeles County, CA: Jobs Coordinator. Key team member on this $662M project, assisting the Griffith Construction team in meeting all targeted hire and related program goals in accordance with County requirements. Responsible for monitoring and auditing contractor compliance with applicable prevailing wage and local hire requirements, organizing project data, and assisting in preparing monthly progress reports to the team. Mountain View School District, Measure SS Facilities Bond Construction and Modernization Program, El Monte, CA:Analyst. Responsible for performing daily tasks associated with PLA, local hire, and LCP administration. TSG serves as the lead PLA and Labor Compliance Program Administrator for this $148M construction bond program, including assisting the District in meeting all bond funding requirements. TSG is providing services for a half -dozen simultaneous school projects, in addition to providing on -call support to the District. Fremont Unified School District, Bond Construction and Modernization Program, Fremont, CA:Analyst. Responsible for performing daily tasks associated with PLA, local hire, and LCP administration. TSG assisted the District in negotiating PLAfor its $650M bond program. The challenge was building consensus among contractors, local unions, and the District in defining rules that ensured no project would be interrupted due to labor issues. With the PLA successfully negotiated, TSG is performing PLA administration. Santa Ana Unified School District, Measure I Local School Improvement Bond Measure, Santa Ana, CA:Analyst. Responsible for performing daily tasks associated with PLA, local hire, and LCP administration. This $232M construction and modernization program has five simultaneous school projects and utilizes bond funding. Asusa Unified School District, Bond Construction and Modernization Program, Azusa, CA: Analyst. Responsible for performing dailytasks associated with PLA, local hire, and LCP administration for this $92M program involving bond funding. Cerritos Community College District, Bond Construction and Modernization Program, Cerritos, CA:Analyst. Responsible for performing daily tasks associated with PLA, local hire, and LCP administration for this $350M program involving bond funding. C1hp 131 N. El Morino Ave. Suite 100, Pasadena. CA 91101.0ffice: 626.685.6989 n Fax: 626.685.6985 Page 10 Proposal to Provide Community Workforce Agreement Professional Administrative Services Issac Hernandez Analyst As a bi-lingual Analyst, Issac is responsible for auditing and tracking contractor document submittals for multiple TSG projects, helping ensure contractor compliance on agency LCPs. He is diligent inhis follow- up with contractors regarding their delinquent submittals. He organizes project data and assists in creating monthly client progress reports. Issac also assists TSG Project Managers by efficiently completing important day-to-day project tasks on schedule. His organization and attention to detail make him an indispensable member of TSG's team. Relevant Experience Anaheim Union High School District, Measure H General Obligation Bond Construction and Major Rehabilitation Program, Anaheim,CA:Analyst. Responsible for performing dailytasks associated with PLA, local hire, and LCP administration, TSG serves asthe lead PLA and Labor Compliance Program Administrator forthis construction bond program, including assisting the District in meeting all bond funding requirements. As the District'sfirst PLA Administrator, TSG is assisting in ensuring that local residents are working on their projects. Currently, the local hire goal of 30% percent is being exceeded with S3% local resident employment. TSG staff also provide contractor education, monitoring, and monthly reporting on the compliance status of all ongoing District projects. Anaheim Elementary School District, Measure G General Obligation Bond Construction and Modernization Program, Anaheim, CA: Analyst. Responsible for performing daily tasks associated with PLA, local hire, and LCP administration. TSG serves as the lead PLA and Labor Compliance Program Administrator for this $318M construction bond program, including assisting the District in meeting all bond funding requirements. TSG is providing PLA and LCP services for multiple simultaneous school projects. LA Metro, Crenshaw/LAX Transit Corridor, Los Angeles, CA: Analyst. Works closely with TSG's Project Manager to assist with labor compliance responsibilities including collecting, auditing, and monitoring certified payroll records and wage payment verification. Also manages delinquent submittals with prompt and consistent follow-up. This $1.7B project includes interfacing with LA Metro's construction teams and project contractors and monitoring compliance with State and Federal Davis -Bacon prevailing wage. TSG sits on the Labor Compliance Bench for LA Metro and provides labor compliance. SQ41SS 131 N. El MalinoAve, Suite 100, Pasadena, CA 91101 a Office: 626.685.6989 ■ Fax: 626,685.6985 Page 11 Proposal to Provide Community Workforce Agreement Professional Administrative Services Olga Schriefer Senior Site Interviewer Olga has direct experience participating in contract compliance investigations including prevailing wage, local hire, and disadvantaged -worker programs —giving her a 360-degree perspective of LCPs that greatly informs her site interviews. She isbi-lingual and conducts site visits and field worker interviews in both English and Spanish. Olga specializes in pertormmg on -site interviews to identify work classifications, corroborate payment of prevailing wages, and aggregate verifiable data relative to the tracking of local/targeted worker and apprentice utilization. She is skilled at identifying potential compliance and/or underpayment issues and works closely with interviewees to complete the necessary steps to investigate disputes in a timely and efficient manner. Her responsiveness and concern for issues pertaining to labor compliance enhance her effectiveness as a site interviewer and facilitates TSG's early identification of potential issues. Relevant Experience Santa Ana Unified School District, Measure 1 Local School Improvement Bond Measure, Santa Ana, CA: Senior Site Interviewer. This $232M construction and modernization program involves five simultaneous school projects and bond funding. Mountain View School District, Measure SS Facilities Bond Construction and Modernization Program, El Monte, CA: Senior Site Interviewer. This $10M program involves six simultaneous elementary school projects and includes bond funding. Anaheim Union High School District, Measure H General Obligation Bond Construction and Major Rehabilitation Program, Anaheim, CA: Senior Site Interviewer. TSG serves as the lead PLA and Labor Compliance Program Administrator for this construction bond program, including assisting the District in meeting all bond funding requirements. Anaheim Elementary School District, Measure G General Obligation Bond Construction and Modernization Program, Anaheim, CA: Senior Site Interviewer. TSG serves as the lead PLA and Labor Compliance Program Administrator for this $318M construction bond program, including assisting the District in meeting all bond funding requirements. TSG is providing PLA and LCP services for multiple simultaneous school projects. LA Metro, Crenshaw/LAX Transit Corridor, Los Angeles, CA: Senior Site Interviewer. This $1313 project includes interfacing with LA Metro's construction teams and project contractors and monitoring compliance with State and Federal Davis -Bacon prevailing wage.TSG sits on the Labor Compliance Bench for LA Metro and provides labor compliance. 00&P 131 N. El Molina Ave, Suite 100,Pasadena. CA 91101 aOffice: 626.685.6989 a Fax: 626685.6985 Page12 ar Proposal to Provide Community Workforce Agreement Professional Administrative Services d. Understanding of Need We see three core responsibilities under this assignment: (1) managing labor relations; (2) coordinating the CWA's innovative workforce development and employment programs; and (3) monitoring and reporting on the efficacy of the CWAand the local and targeting hiring programs. In this section, we will outline our methodology and demonstrate our understanding and ability to undertake and accomplish the required services. We understand the needs of the City, the CWA's unique local hiring requirements, and the responsibilities of the Coordinator. The City's CWA has strong local hire goals, Including Local Resident and Veteran goals. We have developed methods and practices to achieve these objectives based on our work at other public agencies. We'll come prepared on day one with our research, relationships, and lessons learned. The backbone of our services to the City include: • Managing and interpreting the CWA • Educating contractors (prior to work and ongoing) and facilitating communication • Monitoring via our regular, highly visible onsite presence • Mediating contractor dispute/delinquencies and effectively managing their resolution • Enhancing stakeholder relationships with the Trades, contractors, and City staff • Establishing accurate appraisals of manpower throughout the region • Reporting to the City's CWA Administrator and project managers, and City Council • Managing staff member assignments to provide cost efficiencies Based on our experience, the City's three core responsibilities for the CWA Coordinator are best achieved through a focus on the following: Managing and Interpreting the CWA. In deciding to pursue this assignment, we have analyzed the City's CWA and identified several key issues that are comparatively unique, might require additional attention during implementation, or can be leveraged to ensure the program's success for all stakeholders. Some of these aspects include: • Applicability of the CWA to a diverse portfolio of relatively small projects requiring special attention to ensure cost efficient administration. • Use of a zip -code delimited and multi -tiered definition of 'local residents' including veterans requiring additional efforts at certifying the status of workers. • Core Employees are required to be Orange County Residents, which from our experience will require additional attention due to the challenge this can present for non -local non -union contractors. 016P 131 N. EI Morino Ave, Suite 100,Posadena,CA 91101■Office: 626.685.6989■ Fax:62G685.6985 Page13 Proposaito Provide Community Workforce Agreement Professional Administrative Services Contractor Education. We know that CWAs can be confusing to contractors. We believe strongly in educating contractors up front and involving interested stakeholders early. We willensure that all stakeholders have a full understanding of the City's CWA. For example, at the Port of Long Beach, our project manager published a formal letter to a potential subcontractor confirming that non -union contractors were allowed on CWA- covered projects because the bidding general contractor had told therm the job was union only. Our actions prevented potential issues and future misunderstandings. Communication. Without a firmly enforced, clearly communicated policy prior to the Pre -Job Conference, a prime contractor may show up ill-informed — unable to answer important questions from union agents. To prevent this, we use a standard Pre -Job Form requiring the prime contractor to disclose tasks and subcontractor contact data before a Pre -Job Conference is scheduled. Regular communication with contractors and unions, coupled with routine monitoring of targets, results in early identification of problem areas and allows us an opportunity to mediate and resolve potential issues before they become significant. Our CWA workat one local agency involves many smaller modernization projects. After talking with the Building Trades, we noted a potential lack of local floor refinishing labor and contractors. By issuing floor work in multiple bid packages and staggering it, work can now be done by local labor and meet CWA requirements. Issue Resolution. We understand that high visibility on the job site is a key component. We are frequently approached by onsite workers who want to share potential issues, because of this we are often aware of issues before the unions or contractors. We position ourselves as the "first call" allowing us to resolve many disputes early. We resolve disputes early by addressing technical questions about CWA requirements with a simple phone call or face-to-face discussion with the contractor. Union Relationships. Our firm has built strong professional connections with all levels of union organizations from the Business and Dispatch Agents to the Apprenticeship Coordinators and Trust Fund Administrators. We work with the Building Trades Council on resolving jurisdictional disputes, and have relationships atthe national, state and local levels of key Trades Councils. We leverage our understanding of how unions work and to facilitate their role as the source of referred labor for jobs and gatekeepers to apprenticeship programs. Monitoring and Reporting. A key element of any successful program is monitoring and reporting the results. In short, you have to measure performance in order to drive results. Throughout our history of providing CWA administration services for similar programs, we have developed proprietary processes for monitoring, summarizing, and reporting key data. Most importantly, our process includes concise, easy -to -understand reports for the City Council and the public. Colo11 131 N. El Molino Ave, Suite 100,Pasadena,CA 91101 n Office: 626.685.6989 m Fax:626.685.6985 Page14 ! !� •,| ;�8.■;='��_�•|;!�!!!§i=l: ! \)M'l.laMA-OU E E E E !|�f|f �$| .,! a�- f!||,)!§|||| , !; °,-■ |!- {|)�l|!| ;■||!§:!!|!;#0|\/!§I |li,Il�! �» /§|)i■aaa || |||| || •| „ ! Al SE '|i a�|\ k:3 U Proposal to Provide Community Workforce Agreement Professional Administrative Services f. Quality and Staff Availability In the following section (References) we identify three of our local Orange County CWA assignments for public agencies. Jeremy Turner is the Project Manager for each of these assignments and is personally responsible for achieving all performance metrics and for maintaining the project schedule and budget. Jeremy Turner is your qualified CWA Administrator supported by his team of specialists for day-to-day tasks, and through the balance of our 30+ person staff should the need arise. He specializes in the management of CWAs and has worked with dozens of public agencies throughout southern California. With over eight (8) years of experience, Jeremy provides excellent CWA Coordinator services including grievance processing, community outreach for Local Resident, Veteran, and local Graduate workers, and ANAHEIM UNION HIGH SCHOOL DISTRICT CyRrA,S H5&Ka yK9 Lot 00.0 Hob .&Savanna s3R O taalrta,gneaOOY . lael/TergelMAllelnmenl TOTAL CRAFT HOURS: 36171.94 labor compliance enforcement. He is responsible for maintaining clear lines of 3.3% r • La>IRaz9el°6 Laa1 • lxal?ngeteE Allalrvn°nl TOTAL CRAFT HOURS 16461.11 communication and providing the necessary coordination between the City, contractors, and community -based organizations. Jeremy will be the City's single point of contact for this assignment. Notably, Jeremy has direct and current experience managing CWAs in cities neighboring Santa Ana and he has a strong track record of achieving local resident hiring goals like those that the City has adopted, as shown to the right. Schedule of Services and How this Project will be Accommodated Our firm uses a six-month staff loading analysis to manage our project workload. This analysis presents a rolling six-month lookahead of each staff member's workload by project. Based on this internal protocol, we confirm that our stated team has sufficient capacity for the City's anticipated service needs. Additional capacity will also be gained as many of our existing projects are contractually due to end by December 2020. Jeremy Turner and histeam can start immediately upon receiving the Notice to Proceed. Our firm structures our compliance staff into pods, each led by a project manager. Each pod has received the same training and uses the same protocols, systems, and procedures. If Jeremy's team needs additional capacity, he can drawsupport from other pods. While TSG stands ready to assist the City on demand, our preferred schedule for new project kick-off would include: a. being notified of a covered project at the time of bid opening b. allowance of 10 business days between being notified of a covered project and scheduling of the pre -job or pre -construction meetings. THE. $ULI P 131 N. El MolinoAve, Suite 100, Pasadena, CA 91 IOl . Office: 626.685.6989. Fox: 626.685.6985 Page 17 Proposal to Provide Community Workforce Agreement Professional Administrative Services g. References Rancho Santiago Community College District, Santa Ana, CA $198 million bond construction and modernization program Came Matsumoto, Assistant Vice Chancellor, (714) 480-7510, Matswnoto_Card@rsccd.edu 2323 N. Broadway, Suite 112-3, Santa Ana, CA 92706 TSG Key Personnel, Role: Jeremy Turner, Project Manager TSG Dates of Service: 32016 to Present TSG Fee: $333,399 Issac Hernandez, Analyst Olga Schriefer, Site Interviewer TSG Services Performed: Community 8 Student Workforce Project Agreement(CWA)Administration, Local Hire/Jobs Coordination, LaborCompliance Anaheim Elementary School District, Anaheim, CA $318 million bond construction and modernization program Isela Vazquez, Senior Director, (714) 517-7549, ivazauezna anaheimelementarv.oro 1001 S East Street, Anaheim, CA 92805 TSG Key Personnel, Role: Jeremy Turner, Project Manager Issac Hernandez, Analyst TSG Dates of Service:102018 to Present TSG Fee: $32,940 Olga Schriefer, Site Interviewer TSG Services Performed: CWA Administration, Local Hire/Jobs Coordination, LaborCompliance Anaheim Union High School District, Anaheim, CA $249 million bond construction and modernization program Jennifer Keys, Procurement Contract Specialist, (714) 999-2380, keys.j@auhsd,us 501 N. Crescent Way, Anaheim, CA 92801 TSG Key Personnel, Role: Jeremy Turner, Project Manager Issac Hernandez, Analyst TSG Dates of Service: 42018 to Present TSG Fee: $144,552 Olga Schriefer, Site Interviewer TSG Services Performed: CWA Administration, Local Hire/Jobs Coordination, LaborCompliance Clop 131 N. El Molino Ave, Suite 100, Pasadena, CA 91101 ■Office: 626.665.6989■ Fox: 626.6a5.6985 Page 18 .: qL) Proposal to Provide Community Workforce Agreement Professional Administrative Services 2. Scope of Services and Schedule The Solis Group (TSG) accepts and incorporates by reference the City's proposed scope of work as presented in Attachment 1 of the subject RFP. Below is a representative scope of work based on similar CWA Administration assignments we have administered for other municipalities and public agencies in California. We will provide full -service CWA Administration and Local Hiring/Apprentice Utilization monitoring services including: • Review of contract provisions and protocols to address contractors' concerns related to the CWA • Assist District in establishing policies and procedures for the implementation of the CWA • Preparing or reviewing appropriate CWA-related bid and contract language • Presentations at pre -bid conferences explaining CWA requirements • Responding to CWA-related bid questions during the bid process • Contact with winning bidders and subs to establish sub -identities, trades to be used, union signatory status, level of familiarity with CWAs • Invitations to pre -job conference —contractor and union Our relationships with unions help resolve concems before they impact the project. representatives • Presentation at pre -job conference to explain CWA requirements to contractors, subs, and unions; answer scope/jurisdictional clarification questions; give contractors and unions representatives a chance to meet one another; explain the dispute resolution process; and explain the expectations for compliance and TSG's role in enforcement, including consequences for non-compliance • Provision of documents (such as CWA copies and document templates) to contractors, and assistance in completing forms and documentation • Liaison service when appropriate between contractors and union representatives to promote mutual understanding and cooperation • Collection, review, and maintenance of CWA Letters of Assent, Core Employee lists, and Core Worker verification, when requested as guaranteed in the CWA • Communication with contractors when paperwork is incomplete or incorrect • Contact with union dispatch programsto assure that enough qualified workers are available when needed to meet local and disadvantaged hiring requirements 91k131N.EtMorino Ave, Suite 100,Posadma,CA91101■ Office: 626.685.6989■Fox:62G685.6985 Page19 K'j.• Proposal to Provide Community Workforce Agreement Professional Administrative Services • Contact with potential worker sources such as apprenticeship programs, WorkSource Centers, and veterans' programs to identify workers from targeted populations and establish a pipeline to apprenticeship and to contractors as necessary • Contact with contractors regarding hiring requirements to assure that procedures are being followed and that dispatched workers are meetingjob needs • Assistance with apprentice fairs and hiring events, Including scheduling, event advertisement, staffing, and presentations, to warrant that targeted workers are aware of opportunities and have accessto the pipeline for employment on covered projects • Worker referrals as necessary to unions, contractors, or apprenticeship programs, to maximize availabilityand usage of targeted workers • Communication with unions, including answering questions about site access, job schedules, job assignments, fringe benefit enrollment, identifying CWA- covered work on site, and other potential issues • Collection and maintenance of payroll documentation, including Certified Payroll Records (CPRs), Fringe Benefit Statements, and union Trust Fund Reports • Proactive investigation and enforcement to assure that small underpayment, classification, apprenticeship, or other issues do not escalate to the point where grievances or USE complaints are necessary • Grievance resolution assistance including regular contact with both sides, provision of helpful information and explanation of CWA provisions, and meetings as necessary to resolve grievances at the lowest possible level • Worker utilization data collection and presentation in a manner that is timely and accurate • Attendance at Board meetings and study sessions as requested to give information or advice to assist the Board in setting policy • Reporting to District on activities as required, including monthly activity reports, and responding to specific requests 3. Fee Proposal As required by the RFP, our fee proposal is submitted under separate cover. 4. Certifications All required certifications are attached. 0 h 131 N. El Molino Ave, Suite 100, Pasadena. CA 91 101 ■ Office: 626.685.6989 ■ r-ax: 626.6B5.6985 Page 20 Appendix ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS NON -COLLUSION AFFIDAVIT (Title 23 United Stales Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of. or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, rind has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner. directly or indirectly, sought by agreement, communication. or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element orthe bid price, or of that of any other BIDDER, or to secure any advantage against the Public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not. directly or indirectly. submitted his or her bid price or nny breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid. and will not pay, any fee to any corporation. partnership, company association, organization, bid depository, or to any member or agent thereofto eMctuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part ofthe Proposal. Signing this Proposal on the signature portionthereofshrdlalsoconstitutesigiratureofthisNon-collusionAffidavil. BIDDERS are cautioned that making a fnVicertification may subject the certifier to criminal prosecution. Signed State of tali County or-L Subscribed and sworn th (or affirmed) before me on this k day of 201. by c P,hMm�,. ,proved to me on the basis of satisfactory evidence4'o bE the person(s) who appeared before me. ANASTASCU�MEXMOOD Notary Public • California Los Angeles County Commission i 2307407 My Comm. Expires Sep 20, 2022 Notary Public Signature Notary Public Seal City of Santa Ana RFP 20-096 Page A3-1 Appendix ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification orally federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loam, loan or cooperative agreement, the undersigned shall complete and submit a "Disclostne of Lobbying Activities". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required ceiYification shall be subiect to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Firm The Solis Group Signed and Printed Name: Title Terry E. Solis, Chairman and Secretary of the Board of Directors Uate July 14, 2020 City of Santa Ana RFP 20-096 Page A3-2 Appendix ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION CERTIFICATIONS The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 1. The Consultant shall not discriminate against any employee or applicant for employment because ofrace, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed. and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include. but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, inall solicitations or advertisements for employees placed byoron behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The 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 to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and orthe rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall Furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders orthe Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records. and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses or this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965,or by rule, regulations. or order of the Secretary of Labor, or as otherwise provided by law. 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section City of Santa Ana RFP 20-096 Page A33 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a sub - consultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests ofthe United Slates. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Slals. 1939, and as amended. No discrimination shall be made in the employment of persons upon public works because of race. religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant or public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: T E is, Chairman and Secretary of the Board of Directors Firm: T e Solis Group Date: July 14, 2020 City of Santa Ana RFP 20.096 Page A3-4 EXHIBIT C Proposal to Provide Community Workforce Agreement Professional Administrative Services 3. Fee Proposal As required by the RFP, our fee proposal is submitted under separate cover. Our standard billing rates for the specific tasks required by the scope of services are presented in the Fee Schedule table below. TSG's rates are fully loaded and cover all direct labor, overhead, fringe benefits and profit, as well asassociated expenses and costs such as travel (mileage, parking, etc.) and communication (postage, reports, telephone, etc.) TSG Standard 2020 Rate Schedule 2021 2022 2023 2024 Principal NC NC NC NC NC VP/Ops $210 $215 $215 $220 $220 Senior Project Manager $175 $180 $180 $185 $185 Project Manager $164 $169 $169 $174 $174 Asst. Project Manager $141 $145 $145 $149 $149 Senior Analyst $113 $118 $118 $122 $122 Analyst $102 $107 $107 $111 $111 Site Interviewer $96 $100 $100 $103 $103 Administrative Assistant $73 $75 $75 $77 $77 Project -specific Pricing Methodology We develop project -specific cost estimates by service (i.e., Labor Compliance Administration, CWA Administrator Services, etc.) based on the following factors: • Construction Value • Planned Construction Duration • Number of Prime contracts to be monitored • Estimated number of subcontracts to be monitored Utilizing our database of actual staff hours required to perform on our portfolio of similar work, we develop estimates of the total average monthly staff hours necessary to provide monitoring for projects of similar size, duration, and construction team composition. We issue monthly invoices for a lump -sum amount calculated as the total fixed -fee for the project, divided by the planned construction duration plus the planned project closeout CIHE.g ORO SP 131 N. El Molino Ave, Suite 100, Pasadena, CA 91101.Office: 626.685.6989• Fax: 626.685.6985 Pagel j Proposal to Provide Community Workforce Agreement Professional Administrative Services duration. If actual construction activities continue beyond the planned end of construction, we will continue providing all services for the monthly lump -sum fee. In the absence of a City -provided list of projects, we have provided the following table outlining the tasks and hourly effort by staff position for several hypothetical projects of varying sizes. Sample Project 1: Large Complex NewConstruction Project Staff Allocation PIC, SeniorPM, PM LCTasks Reporting MonthlyHours 8 (total per task) NumberofMonths: 55 2 Subcontractors: Management 6 60 Analyst/Interviewer Tracking 38 (total pertask) Project Cost: 9 $330,000,000.00 Auditing 11 Filing 11 Reporting 7 Subtotal 46 total ermonth Sample Project 2: Mid -size New Construction Project Staff Allocation PIC,SeniorPM,PM LC Tasks Reporting MonthlyHours 4(iota 1pertask) 55 2 Subcontractors: Management 2 5 Analyst/Interviewer Tracking 18 (total pertask) Project Cost: 3 $22,000,000.00 Auditing 6 Filing 6 Reporting 3 Subtotal 22 (totalpermonthJ Sample Project 3: Small Maintenance Project NumberofMonths: Staff Allocation PIC,SeniorPM,PM LCTasks MonthlyHours 3(totalpertask) 8 Reporting 1 Subcontractors: Management 2 2 Analyst/Interviewer Tracking 9 (total per task) Project Cost: 1.5 $2,500,000.00 Auditing 3.5 Filing 2.5 Reporting 1.5 Subtotal 12 total ermonth HE ImmTTOI.($ 131 N.EIMolino Ave, Suite 100,Posadena, CA 91101 ■ Office: 626.685.6989■ Fax: 62G685.6985 Paget SROUP AI �Rbid CERTIFICATE OF LIABILITY INSURANCE GATE IMM/DD YYYY) 09125120/2 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Customer Service Team NAME: Preferred American Insurance P.O. Box 79498 (P N o 1; (888) 745-0002 nIc No o (888) 834-0006 E-MAILss: customemewice®preferredameriC n.com ADDR INSURERIS) AFFORDING COVERAGE NAIC D Corona CA 92877 INSURERA: Colony Insurance Company 39993 INSURED INSURER B: Travelers Insurance Company 19046 TSG Enterprises, Inc. INSURER C: National Union Fire Insurance Company of Pittsburgh 19445 dba: The Solis Group INSURER D; Sirius America Insurance Company 38776 131 N. El Molino Ave., Suite 100 INSURER E: Argonaut Insurance Company 19BO1 Pasadena CA 91101 INSURER F: COVERAGE$ CERTIFICATE NUMBER: ULZU614U5b95 REVISION NDMRFR- THIS IS TO CERTIFY THATTHE 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 MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR LTR TYPE OF INSURANCE ADULSUOR INSD WVD POLICY NUMBER POLICY EFF MM/DDNYYY POLICY UP MMIDDA'YYY LIMITS X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR EACH OCCURRENCE 1,000,000 $ PREMISES Ea occurrence $ 100.000 MED UP(Any one parson) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 A Y Y 103 GL 0005702-10 08/20/2020 08/20/2021 GEN'LAGGREGATE LIMITAPPLIES PER: POLICY JRI ECT LOC GENERALAGOREGATE $ 2,000,000 PRODUCTS - COMPIOPAGG $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SING LE LIMIT Ea accident § 1,000,000 X BODILY I NJU RY(Par person) $ ANYAUTO B OWNED SCHEDULED AUTOS ONLY AUTOS Y Y BA-8N813360-20-42-G 08/20/2020 08/20/2021 BODILY INJURY (Per accldenp $ X HIRED NON -OWNED AUTOS ONLY X AUTOS ONLY PROPERTY DAMAGE PeraccideM $ X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 4,000,000 C EXCESSLlae CLAIM&MADE EBU 068430212 08120/2020 08/20/2021 AGGREGATE $ 4,000,000 DED I RETENTION $ $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? (Mandatory in NH) DESCRI TION under DESCRIPTION OF OPERATIONS belmv NIA Y WC 25205 01/01/2020 01/01/2021 PER OTH- X STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE -EA EMPLOYEE $ 1,000,000 E.L. DISEASE. POLICY LIMIT $ 1,000,000 E Professional Liability (E&O) 121 MPL 0001549-02 08/20/2020 08l20f2021 Limit: [$2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Addlllonal Remarks Schedule, may be attached If more space is required) RFP 20-096 CAA Professional Administrative Services City of Santa Ana, Its officers, employees, agents and representatives are Additional Insureds with respect to General Liability and Auto Liability per the attached endorsements or as required by written contract. Insurance is Primary and Non -Contributory. 30 Days' Notice of Cancellation with 10 Days' Notice for Non -Payment of premium in accordance with the policy provisions. City of Santa Ana Risk Management Division 20 Civic Center Plaza Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE CA 92702 I \ rJ,r. Ad All rinhf roannmd ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Policy No. 103GL000570210 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any rights of recovery we may have against any person or organization because of payments we make for injury or damage resulting from your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard" if: a. you agreed to such waiver; b. the waiver is included as part of a written contract or lease; and c. such written contract or lease was executed prior to any loss to which this insurance applies. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. U047-0310 Includes copyrighted material of ISO Properties, Inc., Page 1 of 1 with its permission. Policy Number: BA-8N613360 COMMERCIAL AUTO Tf4j$5ENDORSEMENTCHANGES,THE POLICY:,VLEASE,REAb.,iTOAREpujl AUTO :COVERAGE PLUS ENDORSEMENT 'Phis endorsement rnodes insurance provided under the following> BUSINESS AUTO C�E FORM A BLANK ECADDITIONAI.INSURED' ;S; EMPLOYEE HIRED AUTO: i;.r ''fMPLOYEES AS INSURED O �SUPPLEMENTARy..PAYME,i1TS'. Y.INCRRASED LIMITS , E. 'TRAILERS —INCREASED LOAD CAPACITY' f., ,HIRED AUTO PHYSICALOAMAGE Gi :PHYSICAL DAMAGE �; 'TRANSPORTi4T10N EXPENSES -INCREASED LIMIT X BLA IKETADDITIONALINSURED 'The following is added to Paragraph A.1., Who is z,: Insured, of 5ECTIOhf 11, COVERED AUTO$ f«IABILITY COVERAGE: 8: EMPLOYEE tIIRED AUTO 1. The ^fallowing 4i added Ltd :Paragraph A:'f. Who Is An Insured, of SECTION It - cov. - ERED AUTOS LIABILITY:COVERAGEi' ,Art '1'employee" if yours is an "Insured while .operating a covered "auto". hired or rented under ;,contract, or ,agreement in an "em plorwe, name, with your permission, while }I %#UDtd, VISUAL .AND 'DATA 'BIECTRONIG EQUIPMENT INCREASED; -LIMIT` I. WAIVED bF DEDO&IBLR-±�LASs !,4 PERSONAL PROPERTY- SIC: �41RBAGS, L. AUTO LOAN LEASE GAP ,M> BLANKET WAIVER OP SUBROGATION' ,'performing duties rstiated to. the `conduct .of ,yoar business: Z "ihe foilowinb'repiaces.Paragraph 1. In I B.B: btl or Insurance, bf' SECTION IV .� BUS(, ..NESS AUTO CONDITIONS;: for Hired Auto Physical Darnage;Cover- age, the;foilowing are deerried to'tte.cpY- Bred "autos" you own: (1)',hy covered "auto"=,you (ease, hire; rent or borrow,.and f2) Ahy covered "auto" hired ,or rented by' your' °employee"Wunder a contract in ,In ."employee's" bOrne., With your 'permission, white "tfanning duties re(atett .to the pRnAuct of _your busi-, .Hess._ However, any "auto";that is (eased,.hired rented or ,borrowed with a driver is not a covered "auto C", EMPLOYEES AS INSURED' The following is added to Paragraph Al., Who Is. An Insured, of SECTION 11 - COVERED AUTOS LIABILITY COVERAGE: DATA 20 021.5 02016 The Travelers Indemnity Company. All Tights reserved, Page 1 of Irldudes copyrighted material of insurance Services Office,lna with its permission: COMMERCIAL AUT,Lt Q Any "employee"` of yours )s an "insured" wh (o us= in4 a covered "auto" you donR`own, hlrepr6orrafy in,your businoss or yopr,persoriaf;affalra SUPPLEMENTARY PAYMENTS`'^^ INCREASED LIMITS 1=_ 2d The'fallowing replaces f aragraph A,2:a (4) of SECTION It COVERED AUTOS LIABILITY COVERAGE:. (# All; reasonable expenses lncurred`t y the "insured" at our, request; including actual los"s of earnipgs,up-to,$500-a, day bey 'cause of time off from -work E. 'TRAILERS., INCREASED LOAD CAPACITY` The 7ollowing replaces ,Peragraph ,CJ. of SEC» 'TION I=COVERED AUTO$. i. "Trailers' with a load -capacity of 3,000 pound;, or less designed, prjroarity far Uavel on putalic roads,', F. ' HIRED AUTO PHYSICALDAIMAGE The following is added to Paragraph A.4:, Coved' .age Extensions, of SECTION -III :" PHYSICAL DAMAGE COVERAGE (1) The. most'w8 will pad! for"loss" its any one: "auto° that ynu.hire.; rent or,hgM_W is the iesser;ofi, (ay $so,oaa,; (b) The actual cash valuer4 the damaged ar stolen, property ,as of the: time of the, "loss": or (ol The cost of repairing or 'replacing ilia damaged or stolen property with othat property of like,, kind and quality. 0,)Ari: adjustment -,for' -.depreciation and physical, conil:tion`vlill ire -made In determining actual- cash: value'jn sae event of a total loss", 0j,Jf a repair gr replacement results in better° than 1(ke kind orqualitya we will not payfor the arnqunt of betterment ; (4) A., deductible equal to the htghes[ Physical' Dama�Se ded4ctibio:appliCable to,any ownetf coVered "auto".; (§ Tails Cover$oeExtension does'not apply ttfr' (a) Any "autoc,that is hired, xented br,160r rowed with.a dtiver,:or tot Any "aut K that Is; faired, rente j ar,gkr rowed'fratn your "employee",: `G, PHYSICAL DAMAGEf �, TRANSPORTATION' EXPENSE%x- INCREASED Lill __ The following replaces,t ,fir1it son c Jn Parse; graph Ada, Transportatlorr ,Expenses, of: SECTION ill ' PHYSICAL. DAMAGE ;COVER; AGE: we will pa�up to $SO,per day to 0 maximum o $1,500=far temporary transportation exPenis m== curled byyou because of'the'total theft`ofa cove. erect "auto" of `the prnate pas"senger type: It. AbboO, VISUAL AND, 'DATA ELECTRONIC* EQUIPMENT- INCREASED ,LIMIT Paragraph C'I.b. Qf SECT'l'ok Ifl Pt Y5ICAI„, pAMAGE, COVERAGE is'delotedq -1 "WAIVER OF DEDVCTIBLO-..GLASS' The following is Added to'Paragraph D.,;Deductir, bte., of SECTION, III , 'PHYSICAL, DAMAGE' COVERAGE: No deduction fort covered "autos will apply to, glass damage it the glass iii.repahred rather than_ replaced.;.,. 4 PERSONAL- PROPERTY. The following is added td Paragraph A 4.,=Couar age Extensions, of SECTION III �;*--PHYSICAL DAMAGE COVERAGE: age; everit'of a. total Property cover Page 2of3 wolano7ravejamindemnlyCompany. All rights reserv0d. CAT4200215 inclgdei copydghtod matedal lit Insurance swoes otlfce, ]no, with 114 0-00,16010, K. .AIRBAGS ,I,h ,I ... elobwing'lsadded l:q Paragraph,B.J., = ilons, of SE&I* #1 _ t6 PHYSICAL, H- 1 - CAI _ , , DAMAGE _ _ ' 106vit 6,E-.-- ,AA,b.,Aftd -AMe.1, "but 30K T bhe airbags Argpot covered under afwvgr; ice airbags werenot intentignallyCtHated vewill pay dip maximum 4, -0, t&,4,k_ Ourr! 0- M. Of -,11 qO for *e� SS-0 L.. "AUTO LOAN LEASE GAP 'The following -is'Mddd-toPafagraph A.4., Cover 4§ XxUnid`6hli;.-�bf ZEC11014 ill , Pk*SICAL JDAMAbg COVER&GE:- Iq *e 41"riy* "M COMMERCIAL AUTO; 6Y O.-VerFdu'e lease4or loan' pmwinp* ;'jhp t" ttfe-iioset, , 6661 vanahfes; imposed under a lease for excessive Gse, abnormal wear or Arid tear §cmKtY 1 4 1 00o*,pQ I It retumecl,$y#iefg-5�, go), tojt§rf6r extended warraniles, Creditift j 1 - - -'_ L- - - '� ,Insurance,.' 1 ' epith,,,j ' Accident - - , I- I - - ;c1dent it Pio-ab,ifty insurance; �urchaaed h' fhe' 'loan or )ease and; *I' OLOW&WAIVE- - SUBROGATION' -U-BkO WAIVER 'Th6hilowing rep(Ocps Oaintgraph,A-S.; Transfer- 0 Rights6f Rac oviliry,ftainit e� to bs, of SE&j6N '-U SS _-' - - I $lNE AUTO, 10- N S:', transw bf "Aldblili; dk 'Recovery Against;I -�-Othws,-Taus- , CAT4200215 2Q16Ths Travaters Indemnity COM 8nY,1I1QhtQ fMrVed, Page 3 bf3 'qar Includes copyrighted material of insurance less PJft,0. Inc. with Its permisslon. Policy No. 103GL000570210 COMMERCIAL GENERAL LIABILITY CG 20 0104 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured.103 This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 0104 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: 103GL000570210 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations All persons or organizations as required by written As designated in written contract with the Named Insured contract with the Named Insured Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: 103GL000570210 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Persons or Or anization s : Locations of Covered Operations: ALL PERSONS OR ORGANIZATIONS AS REQUIRED BY WRITTEN CONTRACT WITH THE NAMED INSURED As designated in written contract wlnamed insured. A. SECTION II — WHO IS AN INSURED is amended to include as an additional insured the person(s) or organizations) shown in the Schedule, but only with respect to liability for "bodily injury', 'property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage' occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. Other Insurance is amended and the following added: The insurance afforded by this Coverage Part for the additional insured shown in the Schedule is primary insurance and we will not seek contribution from any other insurance available to that additional insured. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. U201 OP-1209 Includes copyrighted material of ISO Properties, Inc., Page 1 of 1 with its permission. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be otherwise due on such remuneration. PERSON OR ORGANIZATION BLANKET FORM % of the California workers' compensation premium SCHEDULE JOB DESCRIPTION This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 01-01-20 Policy No. WC25205 Endorsement No. Insured TSG Enterprises, Inc. Premium $ Incl. Insurance Company Sirius America Ins Co Countersigned By 15� pa4e,24 ©1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved. From the WCIRB's California Workers' Compensation Insurance Forms Manual © 1999.