AGENDA
ITEM
25 AGENDA
CALEXICO California ITEM
WHERE CALIFORNIA AND MEXICO MEET
25 CITY COUNCIL
AGENDA STAFF REPORT
DATE: October 2, 2024
TO: Mayor and City Council
APPROVED BY: Juan Contreras, Acting City Manager Jm
REVIEWED BY: Sandra L. Fonseca, Interim Finance Director PREPARED BY: Liliana Falomir, Public Works Manager - Administrative 9 Tele- SUBJECT: Informational Item: The Holt Group, Inc. Agreement of Professional Services for Renovations to Calexico Fire Station No. 2. ========== ========================= ===
Recommendation (Item Requested by Council Member Tylenda):
Informational Item: The Holt Group, Inc. Agreement of Professional Services for Renovations to Calexico Fire Station No. 2.
Background:
On January 17, 2024, the City Council of the City of Calexico authorized the City Manager to sign Agreement of Professional Services between the City of Calexico and The Holt Group, Inc. in the amount of $112,500.00 for preparation of Building Assessment and Improvement Report and Documents and Construction Management of Fire Station No. 2 Rehabilitation Project.
On March 20, 2024, the City Council authorized the City Manager to sign Amendment No. 1 between the City of Calexico and The Holt Group, Inc. in the amount of $18,000.00 for Labor Compliance Consulting Services for Renovation to Calexico Fire Station No. 2.
On June 5, 2024, the City Council authorized the City Manager to Sign Amendment No. 2 between the City of Calexico and The Holt Group, Inc. in the Amount of $18,500.00 for Construction Management Services for Renovation to Calexico Fire Station No. 2.
C.C.
ACCOUNT DESCRIPTION APPROVAL AMOUNT
411-91-926-56003-000 The Holt Group, Inc. Original Agreement 1/17/2024 $ 112,500.00 411-91-926-56003-000 The Holt Group, Inc. Agreement Amendment No. 1 3/20/2024 $ 18,000.00 411-91-926-56003-000 The Holt Group, Inc. Agreement Amendment No. 2 6/5/2024 $ 18,500.00 $ 149,000.00
Discussion and Analysis:
Provide direction to City staff.
Fiscal Impact:
No fiscal impact at this time.
Coordinated With:
City Manager's Office.
Finance Department.
Public Works Department.
Attachments):
The Holt Group, Inc. Agreement of Professional Services.
2. The Holt Group, Inc. Amendment No. 1.
3. The Holt Group, Inc. Amendment No. 2
4. The Holt Group, Inc. Summary of Expenses To-Date.
2 ATTACHMENT NO. 1
DocuSign Envelope ID: E54CA9D8-3D00-4BA4-A503-D0E9DB51853B
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of the 17" day of January, 2024, by and between the City of Calexico ('City") and The Holt Group, Inc. ("Consultant").
RECITALS
A. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement; and
Consultant possesses the skill, experience, ability, background, cetification and knowledge to provide the services described in this Agreement on the terms and conditions described herein.
AGREEMENT
1. Scope of Services. The Consultant shall furnish the following services in a professional manner. Consultant shall perform the services described on Exhibit A which is attached hereto and incorporated herein by reference. Consultant shall provide said services at the time, place, and in the manner specified in Exhibit A, subject to the direction of the City through its staff that it may provide from time to time.
2. Time of Performance. The services of Consultant are to commence upon execution of this Agreement and shall continue until all authorized work is approved by the City. All such work Shall tor the Building Assessment and Improvement Recommendation Report shall be completed no later than February 29'', 2024 and the Construction Management Services shall be completed by September 30, 2024. Time is of the essence for every provision of this agreement that states a time for performance and for every deadline imposed by the City.
Compensation. Compensation to be paid to Consultant shall be as set forth in Exhibit B, which is attached hereto and incorporated herein by reference. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.
4. Method of Payment. Consultant shall submit monthly billings to City describing the ork performed during the preceding month. Consultant's bills shall include a brief descriptio f the services performed, the date the services were performed, the number of hours spent an by whom, and a description of any reimbursable expenditures. City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff.
Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of 1 DocuSign Envelope ID: E54CA9D8-3D00-4BA4-A503-D0E9DB51853B implementing this Agreement, except working notes and internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant's expense, provide such reports, plans, studies, documents and other writings to City upon written request. 6 Independent Contractor: It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it may have to any such rights.
7. Interest of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real propeity and shall not acquire any interest, direct or indirect, in the area covered by and during this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant's services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.
Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).) Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant's field of expertise.
Indemnity. Consultant agrees to indemnify, including the cost to defend, the City, and its officers, agents and employees from any and all claims, demands, costs or liability that arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant and its agents in the performance of services under this contract. This indemnity does not apply to liability for damages for death or bodily injury to persons, injury to property, or other loss, damage or expense arising from the sole negligence, willful misconduct or defects in design by 2 DocuSign Envelope ID: E54CA9D8-3D00-4BA4-A503-D0E9DB51853B the City or its agents, servants, or independent contractors who are directly responsible to the City, or the active negligence of the City.
To the fullest extent permitted by law, the Consultant shall (1) immediately defend and (2) indemnify the City, and its councilmembers, officers, agents, and employees from and against all liabilities regardless of nature or type that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, or its employees, agents, or subcontractors.
Liabilities subject to the duties to defend and indemnify include, without limitation, all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys' fees; court costs; and costs of alternative dispute resolution. The Consultant's obligation to indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of an indemnified party, then Consultant's indemnification obligation shall be reduced in proportion to the established comparative liability. (b) The duty to defend is a separate and distinct obligation from Consultant's duty to indemnify. Consultant shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its councilmembers, officers, agents, and employees, immediately upon tender to Consultant of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination that persons other than Consultant are responsible for the claim does not relieve Consultant from its separate and distinct obligation to defend under this section. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent defense counsel if Consultant asserts that liability is caused in whole or in part by the negligence or willful misconduct of the indemnified party. If it is finally adjudicated that liability was caused by the comparative active negligence or willful misconduct of an indemnified party, Consultant may submit a claim to the City for reimbursement of reasonable attorneys' fees and defense costs in proportion to the established comparative liability of the indemnified party.
The review, acceptance or approval of the City's work or work product by any indemnified party shall not affect, relieve or reduce the City's indemnification or defense obligations. This Section survives completion of the services or the termination of this contract.
The provis insten this Section are not limited by and do not affect the provisions of this contract
10. Insurance Requirements.
a. Consultant, at Consultant's own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies. i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his/her 3 DocuSign Envelope ID: E54CA9D8-3D00-4BA4-A503-D0E9DB51853B employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non-renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteeis for losses arising from work performed by Consultant for City. This provision shall not apply if Consultant has no employees performing work under this Agreement. If the Consultant has no employees for the purposes of this Agreement, Consultant shall sign the "Certificate of Exemption from Workers' Compensation Insurance" which is attached hereto as Exhibit C.
General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and propert lamage. If a commercial general liability insurance form or other form with general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence.
Errors and Omissions Liability. Consultant shall maintain errors and omissions liability insurance for all work performed under this Agreement in an amount of not less than one million dollars ($1,000,000).
Policy Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the following specific language:
The City of Calexico, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work or operations.
4 DocuSign Envelope ID: E54CA9D8-3D00-4BA4-A503-D0E9DB51853B This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of iability of the insuring company
iv. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retentions.
Certificates of Insurance and Endorsements. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreeirent.
Compliance with Laws. Consultant shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations.
Licenses. Consultant represents and warrants to City that it has all licenses, permits, qualitications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. Consultant shall obtain a City of Calexico Business License.
13. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Imperial, California. 5 DocuSign Envelope ID: E54CA9D8-3D00-4BA4-A503-D0E9DB51853B
14. Written Notification. Any notice, demand, request, consent, approval or communication that either party desires or is required to give to the other party shall be in writing and either served personally or sent prepaid, first class mail. Any such notice, demand, etc. shall be addressed to the other party at the address set forth herein below. Either party may change its address by notifying the other party of the change of address. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.
If to City: City of Calexico, City Manager
608 Heber Ave.
Calexico, CA 92231
If to Consultant: The Holt Group, Inc.
1601 North Imperial Avenue
El Centro, CA 92243
15. Consultant's Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to 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 to this Agreement.
b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement.
Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement.
Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant's business, City may, by written request by any of the above named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant's representatives, or Consultant's successor-in-interest.
DocuSign Envelope ID: E54CA9D8-3D00-4BA4-A503-D0E9DB51853B Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement.
Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.
Waiver: No failure on the part of either party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder.
Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
20. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.
21. Termination. This Agreement may be terminated by the City immediately for cause or by either party without cause upon fifteen days' written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination.
***SIGNATURES ON FOLLOWING PAGE***
7 DocuSign Envelope ID: E54CA9D8-3D00-4BA4-A503-D0E9DB51853B IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
CITY OF CALEXICO: CONSULTANT:
-DocuSigned by: - DocuSigned by:
Sack Holt
Esperanza Colio Warren Janes Holt, P.E.
City Manager Principal Engineer/Secretary-CFO
APPROVED AS TO FORM: ATTEST:
Carlos Camp Veronica L. Alvarado
City Attorney City Clerk
8 DocuSign Envelope ID: E54CA9D8-3D00-4BA4-A503-D0E9DB51853B
EXHIBIT A
SCOPE OF SERVICES
(proposal dated January 5, 2024)
DocuSign Envelope ID: E54CA9D8-3D00-4BA4-A503-D0E9DB51853B
EXHIBIT B
SCHEDULE OF CHARGES
10 DocuSign Envelope ID: E54CA9D8-3D00-4BA4-A503-D0E9DB51853B
EXHIBIT C
CERTIFICATE OF EXEMPTION FROM WORKERS' COMPENSATION INSURANCE Thereby certify that in the performance of the work for which this Agreement is ntered into, I shall not employ any person in any manner so as to become subject to the Workers ompensation Laws of the State of California
Executed on this 25.00 January El Centro
day of _ 2024, at
California.
- DocuSigned by:
Jack Holt
6827161632E498
onsultan
11 ATTACHMENT NO. 2
DocuSign Envelope ID: 6B0F739E-3ABC-45D2-A711-569F3C310BD3 AMENDMENT NUMBER 1 TO THE AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF CALEXICO AND THE HOLT GROUP, INC.
AMENDMENT NUMBER 1 dated March 20, 2024, the agreement for professional services between the City of Calexico ("City") and The Holt Group, Inc. ("Consultant") dated January 17, 2024 (the "Agreement") concerning Renovation to Calexico Fire Station No. 2 (the The Consultant has entered into the Agreement with the City for the furnishing of professional services, and the parties now desire to amend the Agreement.
Therefore, it is mutually agreed that the Agreement is amended to include Additional Sethics to bean, al sed by Consulant and provisions for aditional compensation by the City Exhibit A - Amendment No. 1 dated March 6, 2024
The parties ratify the terms and conditions of the Agreement not inconsistent with this Amendment, all of which are incorporated by reference.
CITY OF CALEXICO: CONSULTANT:
-DocuSigned by:
- DocuSigned by:
By: By: Jack Holt
-8111D9EC15C642C...
Title: Esperanza Colio Warren, City Manager Title:
3/28/2024 | 10:36:37 PM PDT
Date: Date: 4/8/2024 | 2:32:13 PM PDT
• DocuSigned by:
COO
By:
-4EB6F13BD3E24DA...
Title:_Carlos Campos, City Attorney
3/27/2024 | 11:30:27 AM PDT
Date:
By: Cal
Title:_Veronica L. Alvarado, City Clerk
Date: 3/20/2024
PROPOSAL
Labor Compliance Consulting Services
For
Renovations to Calexico Fire Station No. 2
March 6, 2024
Prepared by: Requested by:
Crystal Ransdell Shane Goff
Labor Compliance Consultants Of The Holt Group
Southern California 1601 N. Imperial Avenue
Po Box 15937 El Centro, CA 92243
San Diego, CA 92175 760-337-3883
(760) 791-6914
I. EXECUTIVE SUMMARY
HISTORY OF FIRM & SUMMARY OF QUALIFICATIONS
Labor Compliance Consultants of Southern California (LCCSC) is a consulting firm offering Labor Standards Compliance Consulting and Contractor Monitoring services to both private and public-sector clients in Southern California and Western Arizona. LCCSC recommends and will perform training in the office to all the contractor's labor compliance staff and supervisors. We have a staff of trained and experienced labor compliance monitors and interviewers.
LCCSC has provided labor compliance consulting services to our governmental sector clients in ensuring Federal and State of California Labor Standards Compliance on many of their public works projects. The Staff of LCCSC has attended several training sessions pertaining to the California Department of Industrial Relations prevailing wage requirements for public works projects and has attended two Labor Compliance Program seminar trainings at Fresno State University. Individual training by Ms. Karen Belcher with the Department of Apprenticeship Standards has provided up to date training per the California Labor Code S 1777•5, the apprenticeship requirements, to the LCCSC Staff. Additionally, the LCCSC Staff has attended numerous training sessions provided by the Housing and Urban Development Department for public works projects. The training sessions reviewed compliance with Davis Bacon and Related Acts and Wage Guidelines. LCCSC maintains a bilingual Labor Standards Compliance Staff for onsite worker interviews to assist in facilitating accurate data collection and reporting.
LCCSC has provided Labor Standards Compliance Services for the cities of Westmorland, Brawley, Imperial, Holtville, Calexico, and El Centro in addition to the County of Imperial. LCCSC has provided Labor Standards Compliance Services for private clients, including but not limited to Chelsea Investment Corporation, Emmerson Construction, TC Construction, Trademark Construction, and JMR Construction of Chattanooga Tennessee. LCCSC has provided Labor Standards Compliance Services for several types of infrastructure related projects including but not limited to building construction, water, sewer and storm infrastructure improvements, roadway improvements and various others construction related projects.
LCCSC has performed the monitoring activities of the 3rd Party Labor Compliance Program operations for the Calexico Unified School District and the City of Brawley's LCP for the park project funded through proposition 84 bonds. LCCSC has performed the Labor Compliance Monitoring for the City of El Centro's LCP for the Skate Park project also funded through proposition 84 bonds. A list of labor standards compliance projects is included herein.
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PRIMARY CONTACT FOR PROPOSAL PRIMARY CONTACT FOR LABOR COMPLIANCE Ms. Crystal Ransdell Ms. Crystal Ransdell
Senior Labor Standards Compliance Officer Senior Labor Standards Compliance Officer P.O. Box 15937 P.O. Box 15937
San Diego, CA g2175 SAN DIEGO, CA 92175
(760) 7691-6914 (760) 7691-6914
[email protected] [email protected]
ORGANIZATIONAL CHART
Ms. Crystal Ransdell, CFO
Senior Labor Compliance Officer
CPR / DIR / DBRA Specialist
Ms. Launa Zanella Tiffany Dessureau
Senior Labor Compliance Officer Labor Compliance Officer CPR / DIR / DBRA Specialist CPR / DIR / DBRA
PROJECT TEAM HIGHLIGHTS:
LCCSC is a professional services firm well-seasoned in Labor Standards Compliance. LCCSC's labor compliance staff has worked on various construction projects in the Imperial County. Therefore, LCCSC would be highly sensitive to the needs of our clients herein Southern California.
LCCSCIS DBE AND SWBE CERTIFIED- FIRM ID 44834
EQuAL EmPLoYment OpportunIty EmPLoYEr
To provide employment and advancement opportunities to all individuals, employment decisions at Labor Compliance Consultants of Southern California are based on merit, qualifications, and abilities.
Except where required or permitted by law, employment practices are not influenced or affected by an applicant's or employee's race, color, religion, sex, national origin, age, disability, or any other characteristic protected by law.
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II. PROJECT APPROACH & SCOPE OF WORK
LCCSC shall be responsible for assisting The Holt Group Inc with activities needed to ensure that workers employed by the Prime Contractor and any subcontractors are hired and paid in compliance with all applicable State and Federal Laws. Ms. Ransdell shall serve as the contact person for all issues related to labor standards compliance pertaining to this project.
The project consists of the Labor Compliance Monitoring for City of Calexico Fire Station No. 2 Renovations Project with an estimated construction time of six (6) months and estimated cost of $966,559.00
Many different subcontractors and worker classifications will be present at the site which may require a substantial amount of Labor Standards Compliance oversight. It is critical that the labor compliance officers be involved at the commencement of the project to ensure timely compliance with the various aspects of labor standards compliance laws. Ms. Ransdell shall prepare the current wage decisions and review the construction contract to ensure the required contract verbiage is included in the prime contractor's contract with his subcontractors.
The estimated construction time is six (6) months from the date on the notice to proceed. The labor standards activities are expected to extend for a total nine (9) months. One (1) month prior to construction activities, six (6) months of construction activities and two (2) months following completion of the construction to obtain the final documentation from all contractors and subcontractors. Labor Standards Compliance Services will include the following:
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A. Wage Decisions Monitoring
LCCSC shall obtain the applicable Federal Wage Decisions from the awarding agency and the California DIR Wage Decisions from the DIR web site as required and monitor any modification and applicable changes to the various worker classifications applicable to this project. LCCSC shall notify The Holt Group Inc of any modifications to worker wage decisions are made.
B. Pre-bid Conference, Contractor Eligibility, and Certifications and Pre-Construction Conference
LCCSC will perform the following duties:
LCCSC shall assist in the preparation of the bid advertisement and will attend the Pre- Bid Conference and provide labor standards compliance information and shall be made available by telephone or e-mail for further consultation as requested. LCCSC proposes to provide information packets to the contractor and all subcontractors as needed.
2. LCCSC shall research all bidding General Contractors to ensure they are registered with the DIR and are eligible to perform construction activities on public works projects in California. LCCSC shall ensure the awarding agency has complied with the DIR requirement to register their public works project and have received a DIR project number. Following the bid openings and the project award, LCCSC shall verify the General Contractor and sub-contractor's eligibility through the State Contractors Licensing Board and the State of California and the Federal debarment lists.
3. LCCSC shall attend the Pre-Construction Conference and provide a labor standards compliance handout of the Department of Industrial Relations informational pertaining to public works projects. LCCSC shall be made available for further consultation by telephone or email and labor standards compliance training as requested. LCCSC recommends that a pre-construction training session concerning labor standards provision, administration, apprenticeship requirements and enforcement be conducted.
4. LCCSC shall make available to the contractors and sub-contractors the required forms, documentation and contract language requirements and will provide access to the LCCSC website to obtain the forms, documentation, and contract language requirements.
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C. Monitoring of Certified Payroll Reports, On Site Employee Interviews, and Progress Payment Review Assistance.
1. Payroll Reviews: LCCSC shall review certified payroll reports and ensure compliance with state and federal regulations. Submitted payrolls shall be reviewed promptly for compliance with applicable labor standards. The SB 854 requirement to submit Electronic Certified Payroll Reports online to the DIR will be monitored to ensure submission. LCCSC will ensure the state and federal statement of compliances are signed and attached to all certified payroll reports and shall review fringe benefits, deductions, and computations verifying that all required information is provided. Comments and correction notices pertaining to the submitted subcontractor documentation shall be forwarded to the Prime Contractor promptly.
2. On-Site Employee Reviews: LCCSC will conduct on-site interviews with various employees of the contractor/sub-contractors to include at least ten percent (10%) of the workers in all job classifications. The interviews will be compared against applicable payrolls for compliance with wage decisions. The on-site interviews will be scheduled to minimize the inconvenience for the Contractor andemployee.
3. Request for Information: LCCSC shall inform The Holt Group Inc in writing, immediately upon receipt of a Request for Information (RFI) from an individual or individuals requesting copies of any forms or documents. LCCSC shall respond accordingly to all RFI's received on behalf of The Holt Group Inc, the Prime Contractor, and allsubcontractors.
4. Progress Payment Review Assistance: LCCSC shall assist The Holt Group Inc and Prime Contractor with the review of the Contractors Payment Request to ensure compliance with labor standards. Once each month LCCSC will perform a complete review of all labor compliance files and will prepare an End of the Month Report (EOM) and forward it to The Holt Group Inc and Prime Contractor informing of the status of the labor compliance files.
When contractors are delinquent or tardy in providing labor compliance documentation, it will be noted and LCCSC will inform the Prime Contractor's accounting department, so they may withhold progress payment as needed
D. Correction of Violations
In the event that non-compliance of labor standards results in underpayment to employees, LCCSC will take immediate action limited to the following:
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1. Notification: LCCSC shall immediately notify The Holt Group Inc and the prime contractor of wage adjustments and requirements and shall notify the contractor in violation to immediately provide restitution and revisions to the certified payroll reports.
2. Withhold Funds: LCCSC shall recommend, if applicable, that The Holt Group Inc and the Prime Contractor withhold sufficient funds from the subcontractor to provide restitution to under paid workers or to effectuate compliance and shall obtain full compliance from the subcontractor for any noncompliance issue.
E. Reports
LCCSC shall promptly prepare the required reports and forward said reports to The Holt Group Inc and Prime Contractor to ensure that the City of Calexico has ample time to comply with the reporting requirements of the Federal agencies.
F. Labor Compliance Files
1. LCCSC shall protect and maintain the labor compliance files in a locked secure cabinet for the duration of the project.
Upon completion of all construction activities and the labor compliance auditing requirements, LCCSC will provide to The Holt Group Inc all original and additional copies of the Labor Standards Compliance documentation including but not limited to the certified payroll reports, fringe benefits statements, contracts, daily sign in sheets, contractor's license documentation, etc. The Holt Group Inc shall provide these documents to the County of Imperial to keep and store for 5 years as required by law.
3. LCCSC shall make the labor standards compliance files available for inspection and review upon request by The Holt Group Inc, the City of Calexico, or to any State or Federal agency that has jurisdiction over this public works project and after construction activities have ceased. Upon request, LCCSC shall assist with any audit orreview.
FEE SCHEDULE FOR SERVICES
Our 2024 Fee Schedule for Labor Standards Compliance Services is included in this Proposal.
Our Fee Schedule shall be updated each calendar year. The updated Hourly Rate Structure for Labor Standards Compliance Services shall be subject to review and approval by The Holt Group Inc prior to implementation on this project.
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VI. FEE SCHEDULE
1. SCHEDULE AND COMPENSATION
LCCSC shall provide Labor Compliance Services as outlined within the contents of this proposal. In the event additional services are required beyond this contract, the hourly rate schedule is attached.
II. PROPOSED ESTIMATED COSTS
Understanding that the estimated start of construction is approximately April 2024, and the construction is scheduled for six (6) months. There are preliminary services before the start of construction and post completion services. LCCSC shall provide The Holt Group Inc with the Labor Standards Compliance Services requirements with a not to exceed amount of $18,000.00
LCCSC's services shall be invoiced for nine (9) monthly installments of $2,000 at the end of each month beginning with the notice to proceed. Additional fees may be required in the event that delays are caused by a contractor or subcontractor's noncompliance with labor standards and wage rate decisions. Incidental fees i.e.: Mileage, copies, postage, etc. shall be invoiced in addition to the hourly rate compensation.
Cost: $ 18,000.00
In the event the construction time exceeds the six (6) months or delays are caused by a contractor or subcontractor's noncompliance with labor standards and wage rate decisions causing the labor compliance monitoring to exceed the estimated nine (g) months of monitoring, the monthly rate will adjust to hourly and the "not to exceed" amount will no longer apply Effective January 1, 2024, through December 31, 2024
Labor Standards Services
Senior Labor Compliance Officer $90.00/hour
Prepared by Crystal Ransdell, March 6, 2024
Crystal Rarsdell
Labor Compliance Consultants of Southern California
PO Box 15937, San Diego, CA 92175
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ATTACHMENT NO. 3
AMENDMENT NUMBER 2 TO THE AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF CALEXICO AND THE HOLT GROUP, INC.
AMENDMENT NUMBER 2 dated June 5, 2024, the agreement for professional services between the City of Calexico ("City") and The Holt Group, Inc. (Consultant") dated January 17, 2024 (the "Agreement") concerning Renovation to Calexico Fire Station No. 2 (the "Project").
The Consultant has entered into the Agreement with the City for the furnishing of professional services, and the parties now desire to amend the Agreement.
Therefore, it is mutually agreed that the Agreement is amended to include Additional Services to be performed by Consultant and provisions for additional compensation by the City to the Consultant, all set forth in:
Exhibit A - Amendment No. 2 dated May 6, 2024
The parties ratify the terms and conditions of the Agreement not inconsistent with this Amendment, all of which are incorporated by reference.
CITY OF CALEXICO: CONSULTANT:
By: By:
Title:_Esperanza Colio Warren, City Manager Title:
Date: Date:
By:
Title:_Carlos Campos, City Attorney
Date:
By: _
Title:_Veronica L. Alvarado, City Clerk
Date:
5-6-2024
Project: City of Calexico - Renovations to Calexico Fire Station Number 2 EXHIBIT A - AMENDMENT NO. 2 DATED MAY 1st, 1, 2024
At a virtual Zoom meeting conducted on May 1, 2024 between Calexico City Manager, Esperanza Colio Warren; Calexico Public Works Manager - Administrative; Lilliana "Lily" Falomir; Calexico Building Official, Chuck Cortez; Development Services Director, Franciso Barba; and Holt Group Project Manager, James G. "Jack" Holt it was decided that the Renovation to Fire Station Number 2 addendum number 2 improvement plans prepared by the Holt Group dated February 16, 2024 will be revised during on-going construction renovations to illustrate the improvements as constructed and to document that the improvements are completed in accordance with the California Building Code requirements enforced by the City of Calexico. Additional improvement items, such as the electrical circuitry within the building partitions and exterior walls, were not evident until the initial demolition work was completed, and the building partitions and exterior walls were fully exposed for view. The existing electrical circuitry, and other similar existing items exposed after demolition improvements, will require replacement to comply with current building code requirements. Given the extremely short time frame imposed by the Grant Agency to complete the Fire Station Number 2 improvements it was determined to document the As-Built conditions and enforce the building code requirements as construction activities progress. The alternative was to stop construction activities while revised plans were completed and then resume construction. The alternative would result in the Fire Station Number 2 improvements being completed after the grant deadline of October 31st, 2024 and the loss of grant funds. The Holt Group, as construction managers, agree to provide an increased presence at the construction site to insure the as-built construction activities are properly documented at the project site to insure the preparation of accurate as-built drawings. The Holt Group will also maintain daily communication with the City of Calexico Building Official to insure that the Building Official is kept abreast of the construction activities occurring at the site in order to assist in the Building Official in determining whether inspections at the site are required. The Building Officials inspection determinations on the acceptability of constructed items will be final and alterations or relocations of constructed items to comply with Building Code requirements, as determined by the Building Official, will be completed without question.
The Holt Group proposes to provide an increased presence at the construction site, maintain daily communication with the City of Calexico Building Official and complete detailed As-Built Drawings reflecting improvements complying with current building code requirements for an increased lump sum amount of $18,500.
ATTACHMENT NO. 4
CITY OF CALEXICO
RENOVATIONS TO CALEXICO FIRE STATION NO. 2
FUND NO. 411-91-926
SUMMARY OF EXPENSES
FISCAL ACCOUNT VENDOR DESCRIPTION INVOICE INVOICE AMOUNT CDBG CHECK CHECK YEAR DATE PAID INVOICE NO. DATE NUMBER
2023-2024 411-91-926-56003-000 The Holt Group, Inc. Architectural/Engineering Services 24-01-006 01/31/241 12,900.00 03/27/04| ACH 2023-2024 411-91-926-56003-000 The Holt Group, Inc. Architectural/Engineering Services 24-02-002 02/29/24 38,700.00 03/27/24| ACH 2023-2024 411-91-926-56003-000 The Holt Group, Inc. Architectural/Engineering Services 24-03-002 03/31/24 19,500.00 05/10/24 ACH 2023-2024 411-91-926-56003-000 The Holt Group, Inc. Architectural/Engineering Services 24-04-004 04/30/24 9,900.00 06/07/241 ACH 2023-2024 411-91-926-56003-000 The Holt Group, Inc. Architectural/Engineering Services 24-05-004 05/31/241 9,900.00 06/21/24 ACH 2023-2024 411-91-926-56003-000 The Holt Group, Inc. Architectural/Engineering Services 24-06-013 06/30/24 11,750.00 08/16/24 ACH 2024-2025 411-91-926-56003-000 The Holt Group, Inc. Architectural/Engineering Services 24-07-010 07/31/24 8,450.00 09/13/24 ACH 3 111,100.00