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CITY COUNCIL AGENDA REPORT
City of Anaheim
DEPARTMENT OF PUBLIC WORKS
DATE: NOVEMBER 19, 2024
FROM: DEPARTMENT OF PUBLIC WORKS
SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH TWO
CONSULTANTS FOR ON-CALL COMMUNITY WORKFORCE
AGREEMENT ADMINISTRATION SERVICES FOR THE PUBLIC
WORKS DEPARTMENT
ATTACHMENT (Y/N): YES ITEM # 09
GOVERNMENT CODE § 84308 APPLIES: YES
RECOMMENDATION:
That the City Council, by Motion:
1. Approve the Professional Services Agreement (Agreement) between the City of Anaheim (City) and two consultants: Padilla & Associates, Inc. and TSG Enterprises, Inc. dba The Solis Group, for a three year term with two one-year optional renewals, in the not-to-exceed amount of $200,000 per Work Order Package and with a total not-to-exceed contract amount of $1 million per contract year per consultant, for on-call Community Workforce Agreement (CWA) administration services to support the Construction Services Division of the Public Works Department;
2. Authorize and direct the Director of Public Works, on behalf of the City, to execute the Agreement with Padilla & Associates, Inc. and TSG Enterprises, Inc. dba The Solis Group and to take any and all actions as are necessary or advisable to implement and administer the Agreements, including any extensions; and
3. Authorize de minimis changes that do not substantially change the terms and conditions of the Agreements, as long as such changes are determined to be de minimis by the City Attorney’s Office.
DISCUSSION:
On September 24, 2024, City Council approved the Second Amended and Restated Community Workforce Agreement for a ten-year term between the City of Anaheim (“City”) and the Los Angeles/Orange Counties Building and Construction Trades Council and the signatory Craft Councils and Local Unions (collectively the “Trades Council”).
The City Council delegated authority to the Public Works Director or designee, on behalf of the City, to execute the agreement, periodically update CWA attachments, and take any and all actions as are necessary or advisable to implement and administer the CWA.
Professional Services Agreements for On-Call Community Workforce Agreement Administration Services for the Public Works Department November 19, 2024
The implementation and administration of the CWA will require additional labor to support the new requirements. Management of the CWA consists of monitoring responsibilities, addressing inquiries and educating the contracting community, reviewing data, and preparing reports on the CWA, as well as maintaining relations and communication with the LA/OC Building Trades, contractors, and subcontractors.
The City previously maintained professional services agreements with two consultants to help oversee and administer the CWA. These agreements expire on February 11, 2025, and in order to continue supporting the newly approved CWA, the City developed a Request for Proposal (RFP) to solicit a new set of administration consultants. On August 22, 2024, the Department of Public Works’ Construction Services Division solicited proposals from qualified professional consulting firms experienced in the administration of CWA and similar labor agreements. The City received two responses to its Request for Proposals. Upon evaluation of the proposals and subsequent interviews with City staff, it was determined that the following two firms best met the service requirements of the Request for Proposals and were selected in accordance with Council Policy 4.1:
1. Padilla & Associates, Inc.
2. TSG Enterprises, Inc. dba The Solis Group
The recommended consultants have the necessary experience in the areas of Community Workforce Agreement implementation and administration including but not limited to: contractor education programs, compliance monitoring, dispute resolution, maintaining lines of communication and relationships with LA/OC Building Trades and contractors/subcontractors, and collecting and reporting data to ensure goals of the CWA are met.
The consultants are being retained to obtain competent and experienced personnel to support CWA administration activities and other labor compliance programs like the Skilled and Trained Workforce administration activities on a per-project, as-needed basis, to work under the general supervision of the Construction Services Manager or designee. For planned and budgeted projects falling under the purview of the Community Workforce Agreement, the consultants will be asked to compete via lump sum, not-to-exceed fee submittal for a specific work order assignment not to exceed $200,000 and with a total not to exceed amount of $1 million per contract year per consultant. The attached sample agreement is for a three-year period with two one-year optional renewals for an initial contract time of 5 years. Prior to expiration of the last agreement extension, staff will advertise a new RFP to obtain consultant services for the remaining 5 years of the 10-year term of the Community Workforce Agreement.
IMPACT ON BUDGET:
Funding for these services is included in the Public Works’ FY 2024/25 Capital Improvement Program budget. Future years will be subject to City Council's approval of budget appropriations.
Respectfully submitted,
Rudy Emami
Director of Public Works
Professional Services Agreements for On-Call Community Workforce Agreement Administration Services for the Public Works Department November 19, 2024
Attachments:
1. Professional Services Agreement (template)
2. Proposal – Padilla & Associates, Inc.
3. Proposal – TSG Enterprises, Inc. DBA The Solis Group
4. City of Anaheim’s Request for Proposals
5. Second Amended and Restated Community Workforce Agreement