AMENDMENT NO. 2 TO THE AGREEMENT
BETWEEN THE CITY OF SAN MATEO AND TSG ENTERPRISES, INC. DBA
THE SOLIS GROUP FOR CLEAN WATER PROGRAM ON CALL LABOR
COMPLIANCE MONITORING AND REPORTING
($200,000 [Original Amount], $200,000 [Amendment 1], $50,000 [Amendment 2]) WHEREAS, the City of San Mateo (“CITY”), a municipal corporation of the State of California, and TSG Enterprises, Inc. dba The Solis Group (“CONSULTANT”), entered into an Agreement for Labor Compliance Monitoring and Reporting (“Agreement”) on May 6, 2019; and
WHEREAS, on June 7, 2021, CITY and CONSULTANT executed
Amendment No. 1 increasing the scope of services and increasing the compensation of the Agreement by $200,000, for a total not to exceed amount of $400,000; and WHEREAS, CITY and CONSULTANT wish to amend the Agreement effective _________________, following the City Council approval to continue providing Labor Compliance Monitoring and Reporting services for the Clean Water Program.
NOW,
THEREFORE, the parties agree as follows:
1. Sect
ion 1, “Scope of Project,” of the Agreement is amended to read:
"The scope of services to be performed by CONSULTANT under this Agreement is described in Exhibits A, A1, and A2, Scope of Services, attached and incorporated by reference."
Exhi
bit A2 to the Agreement is attached and incorporated by reference.
2. The first and second paragraphs of Section 7, “Term, Progress and Completion,” of the Agreement is amended to read:
"The services to be performed under this Agreement shall commence and be completed as
set forth in Exhibits B, B1, and B2, Project Schedule.
It is understood and agreed that time is of the essence of this Agreement.
CONSULTANT agrees to perform the services within the time limits set forth in Exhibits B, B1, and B2."
Exhi
bit B2 to the Agreement is attached and incorporated by reference.
3. The first paragraph of Section 8, “Payment,” of the Agreement is amended to read:
"Payment shall be made by the CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performances of the services and any reimbursable expenses set forth in this A greement, C I TY agrees to pay CO NSULTANT a fee based on ve rified time and materials not to exceed $450,000. Requests for payments shall be itemized and correspond to the various items of work described in Exhibits A, A1, and A2, and shall be based on the rate and cost schedule set forth in Exhibit D2, attached and incorporated by reference."
Exhi
bit D2 to the Agreement is attached and incorporated by reference.
4. The remaining terms of the Agreement remain in full force and effect.
CITY OF SAN MATEO CONSULTANT
TSG Enterprises, Inc. dba The Solis Group
______________________________ ___________________________________ Matthew Fabry Terry E. Solis
Director of Public Works Its Authorized Agent
Chairman and Secretary of the Board
Date: _________________________ Date: ______________________________ APPROVED AS TO FORM:
______________________________
Linh P. Nguyen
Assistant City Attorney
Attachments:
Exhibit A2: Scope of Services
Exhibit B2: Project Schedule
Exhibit D2: Rate and Cost Schedule
IN WITNESS WHEREOF, CITY and TSG, ENTERPRISES, INC. DBA THE SOLIS GROUP have executed this Agreement on _______________________.
EXHIBIT A2
SCOPE OF SERVICES
The Consultant is to provide Federal, State, and local labor monitoring services for contracts funded by grants, loans, enterprise funds, or other funds; projects may include construction of various types of public wastewater system infrastructure. The WWTP Upgrade and Expansion Project is partially funded with CWSRF State funding and EPA/WIFIA Federal Funding. Tasks to be performed will include, but not be limited to the following:
1. Establish and maintain payroll files in conformance with standards established by the City of San Mateo CWP and grantor agencies.
2. Perform forms collection, review and verifications; certified payroll review; apprenticeship program compliance oversight; on-site monitoring; field reviews and all related follow-ups including assistance with electronic submissions of certified payroll and all related documents into the California Department of Industrial Relations (DIR).
3. Address labor compliance inquiries from contractors.
4. Provide technical guidance to contractors, as needed, to aid in contractor electronic registration process as well as completion and submission of electronic payroll forms.
5. Monitor receipt of “one-time” documents required by federal grant agencies, e.g. certificate of employee authorization and statement of fringe benefits and Apprentice programs.
6. Review, monitor and report weekly payrolls submitted by contractors and subcontractors.
7. Provide the CWP with a concise monthly report, mentioning specific work and tasks performed by the firm.
8. Follow-up and report on delinquent payrolls and wage underpayment in accordance with grant agency and CWP requirements.
9. Interview one employee per trade per month and verify interview results against submitted payrolls.
10. Respond to audit requests for information received from the State of California Department of Industrial Relations (DIR), the Federal Department of Labor (DOL) and other regulatory authorities.
11. Provide DBE and other Disadvantaged Business Enterprise Programs verification reports upon the request of the City, if needed.
12. Provide Title VI verification and reports upon the request of the City.
13. Review labor standard provisions of contract specifications upon the request of the City.
14. Provide technical assistance and training of CWP staff to perform some or all the monitoring functions as may be requested.
15. Prepare periodic report on status of labor compliance documents for construction and rehabilitation projects.
16. Meet with CWP staff to review payroll files.
17. Meet with grantor agency and other government representatives and be prepared to respond to compliance issues, as needed.
18. Provide information on how any fees, fines and penalties that may be levied against any contractor or subcontractor by any federal, state, or local agency as a result of these monitoring services administrated by your firm were calculated.
EXHIBIT B2
PROJECT SCHEDULE
City to provide project schedule information to CONSULTANT prior to commencement of work under this agreement outlined in each Task Order issued by the City to CONSULTANT.
EXHIBIT D2
RATE AND COST SCHEDULE
Work will be billed at a blended hourly rate of $134.38, which reflects a weighted average of CONSULTANT’s individual staff rates. This rate will increase by 3% per year, starting 12 months from the issue date of the first Task Order.
Task Labor Hours Billing Rate Total Fee
Labor Compliance Services 372 134.38 $50,000