Agreement Number 10435 (CCS)
1 THIRD MODIFICATION OF AGREEMENT NO. 10435 (CCS)
This Third Modification of Agreement Number 10435 (CCS) (“Third Modification”), entered into as of _________________(“Execution Date”), by and between the City of Santa Monica, a municipal corporation (“City”), and Gafcon (GAFCON) is made with reference to the following:
RECITALS
A. On or about May 31, 2016, the City and GAFCON entered into Agreement Number 3142 to provide certified payroll monitoring services for projects subject to State prevailing wage regulations under City Manager authority (“Original Agreement”).
B. On or about April 5, 2017, the City and GAFCON entered into a First Modification of Agreement Number 10435 (CCS) aka Agreement Number 3142 (“First Modification”) which increased the total compensation to allow GAFCON to continue to provide certified payroll monitoring services for an increased number of projects subject to State prevailing wage regulations.
C. On or about June 12, 2018, the City and GAFCON entered into a Second Modification of Agreement Number 10435 (CCS) (“Second Modification”) which increased term and the total compensation to allow GAFCON to continue to provide certified payroll monitoring services for an increased number of projects subject to State prevailing wage regulations and the additional scope of monitoring Federal Davis-Bacon Act prevailing wage compliance requirements. The Original Agreement, First Modification, and Second Modification are referred to collectively herein as “the Agreement.” D. The City and GAFCON desire to modify the Agreement to extend the contract term and increase the contract price to pay for the extended term.
TERMS AND CONDITIONS
Now, therefore, the undersigned parties do hereby mutually agree to modify the Agreement as follows:
1. Section 1 of the Agreement entitled “Term” shall be deleted in its entirety and replaced with the following paragraph:
Term. This Agreement begins on the Execution Date and terminates on June 30, 2023, unless terminated earlier as set forth in the Agreement or extended by the parties in writing.
2. Section 2 of the Agreement entitled “GAFCON Services” shall be modified by adding the following paragraph:
Additional Services. GAFCON will perform all of the additional services (“Additional Services”) described in Exhibit A-3, Scope of Services. GAFCON will complete the Additional Services in accordance DocuSign Envelope ID: EA29B4FB-D0B7-480F-AB11-62C3C614E31E 1/26/2021
Agreement Number 10435 (CCS)
2 with Exhibit B-3, Budget.
3. Section 4 of the Agreement entitled “Compensation” shall be modified by adding the following paragraph:
Compensation. The City will compensate GAFCON for the Additional Services in an amount not to exceed $600,000, as set forth in Exhibit B-3. The total contract price for services pursuant to the Agreement and this Third Modification shall not exceed $1,500,000.
4. Exhibit A-3 and Exhibit B-3 are attached hereto and incorporated herein by this reference.
5. Except as expressly modified by this Third Modification, all other terms and conditions of the Agreement shall be and remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Third Modification as of the date and year first written above.
ATTEST:
______________________________
DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
______________________________
LANE DILG
City Attorney
CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________
RICK COLE
City Manager
Gafcon
#VENDOR
By: _______________________________
DocuSign Envelope ID: EA29B4FB-D0B7-480F-AB11-62C3C614E31E George Cardona
1/14/2021
Interim City Attorney
Chief Financial Officer
Gafcon, Inc.
1/22/2021
James Baum
Interim City Manager
1/26/2021
Denise Anderson-Warren Lane Dilg
City Clerk
1/28/2021
Agreement Number 10435 (CCS)
3 Exhibit A-3
Scope of Services
GAFCON shall provide certified payroll monitoring services for projects subject to State and Federal prevailing wage regulations. Services will generally consist of performing certified compliance monitoring by electronic review of certified payrolls submitted by contractors via the State of California’s Department of Industrial Relations, electronic Certified Payroll Reporting (eCPR) website and the Davis Bacon Act.
The Division coordinator will provide the consultant with a login/password into the electronic Certified Payroll Reporting (eCPR) website for their Division.
GAFCON shall provide certified payroll compliance monitoring services on various projects citywide. Consultant’s responsibilities may include but are not limited to the following:
Task 1 – Assistance in Selection of Classification
Assist in the reviews of scope of work and ensures the proper classification is selected. Facilitate communication between DIR on behalf of the City when a request for job classification is needed.
Task 2 – Labor Compliance Technical Assistance During Bidding Assist in the reviews and responses to requests for information during bidding for questions related to prevailing wage classifications.
Task 3 – Certified Payroll Review During Construction
Confirm contractors' payment of applicable general prevailing wage rates by review of hard copy Certified Payroll Reports which are mailed to GAFCON. Provide a thorough, accurate examination and review of certified payrolls to confirm the payrolls are complete, accurate, and comply with all statutory and regulatory prevailing wage requirements. Communicate with contractors when Certified Payroll Reports are missing information or are unreadable. Provide technical assistance to contractors, as needed, to aid in completion of payroll forms.
Review interview forms provided by the on-site labor interviewer. Follow up if any employees were found on the job who did not show up in payrolls (ghost workers). Confirm Contractors' employment of properly registered apprentices. Review and verifications for apprentices include:
o Department of Apprenticeship Standards (DAS) Form 140 o Department of Apprenticeship Standards (DAS) Form 142 o California Apprentice Council Training Fund Contribution (CAC-2) o Check Fringe Benefit Statement s and Payroll Authorization for deductions, discrepancies, omissions or inaccuracies.
DocuSign Envelope ID: EA29B4FB-D0B7-480F-AB11-62C3C614E31E Agreement Number 10435 (CCS)
4 Exhibit B-3
Budget
The City will compensate GAFCON for the Additional Services described in Exhibit A-3 in an amount not to exceed $600,000. GAFCON will provide the Additional Services at the hourly rates below. The total compensation paid to GAFCON for services pursuant to the Agreement and this Third Modification shall not exceed $1,500,000.
TITLE HOURLY RATE
Vice President, Labor Relations $165.00/HR
Labor Compliance Officer $85.00/HR
Field Inspector/Auditor $80.00/HR
Administrative Assistant $58/HR
The City will reimburse GAFCON for out of pocket expenses associated with the project, plus an administrative fee equal to fifteen percent (15%) of the expenses. Example of various expenses not limited to:
Cost of all postage, express shipping, courier services, etc.
Cost of all blueprinting, photo reproducing, and photography for jobsite surveys.
Mileage costs shall be charged at the prevailing IRS rate to and from the Project(s) and the respective GAFCON office in Los Angeles.
Based on the hourly rates, a rate of $84.20 will be considered an overall hourly staff billing rate for all services with the exception of additional non-staff charges.
The City agrees to provide annual exempt permits for GAFCON to conduct citywide labor compliance and certified payroll monitoring services on behalf of the City.
GAFCON agrees to utilize these permits in accordance with City policies and guidelines. GAFCON will assume all risks and responsibilities associated with the use of the exempt permits including parking citations due to misuse of the permits, which may result in revocation of parking privileges. Revoked permits will not be replaced for the remainder of the permit year.
DocuSign Envelope ID: EA29B4FB-D0B7-480F-AB11-62C3C614E31E 10435 (CCS)
1 FOURTH MODIFICATION OF AGREEMENT NO. 10435
This Fourth Modification of Agreement Number 10435 (CCS) (“Fourth Modification”), entered into as of _________________, by and between the City of Santa Monica, a municipal corporation (“City”), and GAFCON INC ("GAFCON”) is made with reference to the following:
RECITALS
A. On or about^^May 31, 2016, the City and GAFCON entered into Agreement Number 3142 for citywide labor compliance and certified payroll monitoring services. (“Original Agreement”).
B. On or about^^April 5, 2017, the City and GAFCON entered into a First Modification of the Original Agreement (“First Modification”) which increased the total compensation to allow GAFCON to continue to provide certified payroll monitoring services for an increased number of projects subject to State prevailing wage regulations.
C. On or about^^June 12, 2018, the City and GAFCON entered into a Second Modification of the Original Agreement (“Second Modification”) which increased total compensation.
D. On or about^^January 26, 2021, the City and GAFCON entered into a Third Modification of the Original Agreement (“Third Modification”) which extended the contract term and increased the contract price to pay for the extended term. The Original Agreement, First Modification, Second Modification, and Third Modification may be referred to collectively herein as “the Agreement.” E. The City and GAFCON desire to modify the Agreement to extend the Agreement term by an additional six months. The budget and not-to-exceed limits stated in Exhibit B-3 of the Third Modification will remain the same.
TERMS AND CONDITIONS
Now, therefore, the undersigned parties do hereby mutually agree to modify the Agreement as follows:
1. Section 1 of the Agreement entitled “Term” shall be deleted in its entirety and replaced with the following paragraph:
Term. This Agreement begins on May 31, 2016 and terminates on December 31, 2023, unless terminated earlier as set forth in the Agreement or extended by the parties in writing.
2. Execution in Counterparts. This Fourth Modification may be executed in counterparts with the same effect as if both parties hereto had executed the same document. All counterparts shall be construed together and shall constitute a single modification. Any signature to this Fourth Modification transmitted electronically through DocuSign or PDF shall be deemed an original signature and be binding DocuSign Envelope ID: 510DE139-6CF5-4C77-A078-E1961E32946B 4/10/2023
10435 (CCS)
2 upon the parties hereto (it being agreed that such electronic signature shall have the same force and effect as an original signature).
3. Except as expressly modified by this Fourth Modification, all other terms and conditions of the Agreement shall be and remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Fourth Modification as of the date and year first written above.
ATTEST:
______________________________
DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
______________________________
LANE DILG
City Attorney
CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________
RICK COLE
City Manager
GAFCON Corporation
#VENDOR
By: _______________________________
DocuSign Envelope ID: 510DE139-6CF5-4C77-A078-E1961E32946B
DOUGLAS SLOAN
3/30/2023
City Attorney
4/6/2023
Gafcon, Inc.
Robin Duveen
Co-CEO
4/10/2023
David White
City Manager
Denise Anderson-Warren
City Clerk
4/10/2023