RFP_No._WT-0060_On-Call_Labor_Compliance_10.18.23.pdf

Request for Proposals No. WT-0060

FOR

On-Call Labor Compliance Services

Contact: Katy Fitzgerald, Management Analyst

Email: kfitzgerald@santacruzca.gov

Phone: (831) 420-5206

Proposals Due: 11/15/2023, no later than 3:00 p.m.

to:

https://procurement.opengov.com/portal/santacruzca

City of Santa Cruz Request for Proposals No. WT-0060 – Labor Compliance Services

November 2023 Page 2

Table of Contents

SECTION 1 GENERAL INFORMATION FOR PROPOSERS

1.1 Background

1.2 Summary Scope of Work

1.3 Contact

1.4 RFP Schedule

1.5 Proposal Submittal Due Date

1.6 Responsiveness and Responsibility

1.7 Definitions

SECTION 2 PROCESS INSTRUCTIONS

2.1 Questions and Requests for Clarification and Addenda

2.2 Proposal Evaluation Criteria

2.3 Responsiveness

2.4 Responsibility

2.5 Adherence to RFP Requirements

2.6 Proposal Organization and Format

2.7 Firm Background Information

2.8 Firm Qualifications, Expertise, and Experience

2.9 Time Commitment and Availability

2.10 References

2.11 Fee Schedule

2.12 Negotiations

2.13 Public Record

2.14 Award Protests

2.15 Debriefing

2.16 Contract Implementation

2.17 Reservation of Rights

2.18 Environmental Conservation and Sustainable Living

2.19 Financial Responsibility

SECTION 3 TERMS AND CONDITIONS

3.1 Insurance Requirements

3.2 Prevailing Wages and Labor Compliance

3.3 Agreement (Appendix A)

3.4 Contract Period

3.5 Equal Employment Opportunity and Non-Discrimination

3.6 Indemnification

SECTION 4 PRELIMINARY SCOPE OF SERVICES

4.1 Project Objectives

4.2 Scope of Work

City of Santa Cruz Request for Proposals No. WT-0060 –On-Call Labor Compliance Services

November 2023 Page 3

4.3 Responsibilities of the City

4.4 Consultant’s Employee Conduct

SECTION 5 PROPOSAL COVER PAGE

5.1 Proposal Deadline

5.2 Proposal Response Sheet

SECTION 6 FEE SCHEDULE

APPENDIX A SAMPLE AGREEMENT

City of Santa Cruz Request for Proposals No. WT-0060 – On Call Labor Compliance

November 2023 Page 4

SECTION 1 GENERAL INFORMATION FOR PROPOSERS

1.1 Background

For many years, the SCWD has been planning strategies to secure water supply as well as to improve system reliability and resiliency to droughts. As a result, the SCWD has undertaken an initiative to address aging infrastructure and major investments are underway to rehabilitate and replace back-bone infrastructure, including raw water transmission and surface water treatment facilities. To support this effort, the SCWD has secured funding through the Drinking Water State Revolving Fund (DWSRF), the Water Infrastructure Finance and Innovation Act (WIFIA), and U.S. EPA Community Grants for several upcoming projects: Graham Hill Water Treatment Plant Facilities Improvement Project, Newell Creek Pipeline Replacement: Felton/GHWTP, University Tank No. 4 Replacement, Aquifer Storage and Recovery projects, and a future Water Supply Augmentation project.

Labor compliance is a contractual requirement in the funding agreements with these federal funding agencies.

For more information about SCWD’S current and upcoming CIP projects, please visit SCWD’s website:

https://www.cityofsantacruz.com/government/city-departments/water/engineering/santa-cruz-water-program.

1.2 Summary Scope of Work

The Santa Cruz Water Department (SCWD) is soliciting proposals from qualified firms to provide labor compliance monitoring services for selected projects within its Capital Investment Program (CIP). SCWD typically uses labor compliance services for CIP projects funded through State and Federal grants and loans. SCWD is initiating this solicitation; however, the resulting agreement could include CIP projects completed by other City Departments including Economic Development and Housing, Parks and Recreation, and Public Works. These projects will be of varying contract size and levels of complexity and may include multiple funding sources.

The selected Consultant shall be responsible for performing agency functions regarding labor compliance and conformance to the California Prevailing Wage laws, the Davis-Bacon Act, and tracking good faith efforts for the City’s Local Hiring ordinance. These tasks include, but are not limited to, verification of proper workforce classifications, verification of payment of prevailing wages by contractors and subcontractors, verification of proper submittal of certified payroll reporting, on-site interviews, apprentice ratio utilization reporting, monitoring apprenticeships, and collecting the City’s Local Hire Residency Compliance Form. All applicants must provide thorough and comprehensive responses that clearly demonstrate their team’s approach and consistency with the standards outlined in Section 2.8 Firm Qualifications, Expertise, and Experience.

The City of Santa Cruz invites qualified firms to respond to this Request for Proposal (RFP) for the project (“Project”) titled below:

RFP No. WT-0060

The SCWD anticipates awarding an agreement for services as needed to one Consultant for a three-year term with the option of two-one (1) year term extensions if City so elects. The Proposer will provide the services outlined in Section 4 Preliminary Scope of Services.

The Proposer shall furnish all tools, equipment, materials, tax, apparatus, facilities, labor, transportation, supervision, and management, not specifically provided by the City, to complete work described in this RFP.

https://www.cityofsantacruz.com/government/city-departments/water/engineering/santa-cruz-water-program

November 2023 Page 5

1.3 Contact

The contact for this solicitation is Katy Fitzgerald, Management Analyst, email: kfitzgerald@santacruzca.gov.

This full solicitation document may be downloaded from the City’s eProcurement portal at https://procurement.opengov.com/portal/santacruzca. All questions must be submitted in the City’s Procurement Portal by the date set forth in Section 1.4 RFP Schedule.

1.4 RFP Schedule

The City will make every effort to adhere to the following tentative schedule: All dates set forth in this RFP are subject to change at the City’s sole discretion and if changed, will be provided as an addendum. All references in this RFP to “time” are Pacific Standard Time.

ACTIVITY DESCRIPTION/LOCATION DATE OR PERIOD

RFP Release Date https://procurement.opengov.com/port al/santacruzca 10/18/2023

RFP Questions and Clarifications Due Date

Refer to RFP Section 2.1 Questions and Requests for Clarification and Addenda

No later than 5:00 p.m. on 11/1/2023

Response to Proposer(s) RFP Questions and Clarification & Issue Addenda

Refer to RFP Section 2.1 Questions and Requests for Clarification and Addenda

No later than 5:00 p.m. on 11/8/2023

Proposal Submittal Due Date Refer to RFP Section 1.5 Proposal Submittal Due Date

No later than 3:00 p.m. on 11/15/2023

1.5 Proposal Submittal Due Date

The Santa Cruz Water Department is only accepting electronic proposal submittals. Proposers must create a FREE account with the City’s eProcurement portal, OpenGov: https://procurement.opengov.com/portal/santacruzca.

Proposals are due no later than 11/15/2023 by 3:00 p.m.

All questions regarding this solicitation are to be submitted in writing via the OpenGov Question and Answers tab. Questions received less than seven (7) days business days prior to the RFP submittal date may not be answered. Only questions answered in writing through OpenGov will be binding. Oral and other interpretations or clarifications will be without legal effect.

Revisions to this RFP will be issued by Addenda and answers to questions will be posted to OpenGov. Each Respondent is solely responsible for obtaining all Addenda and reading all Questions and Answers prior to submitting its proposal.

Proposals may be submitted up to but not later than the due date and time outlined in Section 1.4 RFP Schedule via OpenGov. OpenGov’s clock is the official clock for the determination of all deadline dates and times. Without exception, responses will not be accepted after the submission deadline regardless of any technical difficulties such as poor internet connections. The City of Santa Cruz strongly recommends submitting proposals well ahead of the deadline. Consultants take full responsibility for City’s receipt of its submittals.

In no event will the City be liable for any costs incurred by any Respondent or any other party in developing or submitting a proposal.

mailto:kfitzgerald@santacruzca.gov https://procurement.opengov.com/portal/santacruzca https://procurement.opengov.com/portal/santacruzca

November 2023 Page 6

1.6 Responsiveness and Responsibility

When determining Responsiveness of the proposal, the City may consider any of the following but not limited to:

a. Proposal received on time and completed per instructions,

b. Proposal contains required contents, forms and signatures submitted in accordance with RFP instructions.

c. Proposal is compliant with specifications and industry standards.

When determining Responsibility of the Proposer, the City may consider any of the following but not limited to:

a. Possession of industry standard licensing and/or certifications;

b. Financial capacity of the Proposer;

c. Experience or past performance of the Proposer;

d. Use of Subcontractors / Subconsultants

e. Past, Present and Pending Legal Actions

f. Exceptions with City’s Terms and Conditions.

g. Anticipated adherence with Project delivery schedule.

h. Ability to respond to City’s inquiries for proposal clarification.

A Proposer’s failure to promptly respond to City’s inquires for proposal clarification may result in determination of non-responsibility.

Proposers have the right to take exception to the specifications or terms to this solicitation, however, such exceptions may deem the proposal submission non-responsible during evaluation. Any exceptions taken must be explained in the proposal. Any exceptions that contradict the City’s terms and conditions or contain provisions that are not in the best interest of the City will disqualify the Proposer. If exceptions are not explained, the Proposer will comply with the specifications as stated in this solicitation.

The City reserves the right to reject any or all proposals and waive any informality or minor defects in proposals received.

1.7 Definitions

In this RFP document:

• Proposer means contractor, firm, supplier, or consultant.

• Subcontractor means those performing any portion of the services as subcontractors, consultants, suppliers, and other business entities and individuals.

• Key Staff, if required, means the employees of the Proposer or subconsultant(s) that provide project leadership or expertise in lead technical services and are considered essential to the success of the Project.

• Contract also means Purchase Order or Agreement.

November 2023 Page 7

SECTION 2 PROCESS INSTRUCTIONS

2.1 Questions and Requests for Clarification and Addenda

Proposers shall submit all questions or requests for clarification regarding any aspect of this RFP via the City e- Procurement Portal, located at https://procurement.opengov.com/portal/santacruzca by the date identified in Section 1.4 RFP Schedule. All answers to inquiries will be posted on the City e-Procurement Portal. Proposers may also click “Follow” on this bid to receive an email notification when answers are posted. It is the responsibility of the bidder to check the website for answers to inquiries.

Any questions or requests for clarification not submitted within the time and manner stated above or to anyone other than the above-stated contact will be deemed waived. The City is not bound by the oral representation of any City employee or official. Answers to questions received will be sent out via an addendum.

The City may determine it is necessary to revise any part of this RFP. Revisions will be made by written addenda and it is the Proposer’s sole responsibility to comply with any addenda to this RFP.

Addenda Notification: Proposers are required to register for an account via the City e-Procurement Portal hosted by OpenGov to receive written addenda to the solicitation. Once the Proposer has completed registration, they will receive addenda notifications to their email by clicking “Follow” on this project. Ultimately, it is the sole responsibility of each bidder to periodically check the site for any addenda at https://procurement.opengov.com/portal/santacruzca.

2.2 Proposal Evaluation Criteria

RFP responses will be evaluated and ranked according to the evaluation criteria identified in Sections 2.3 and 2.4, below, by an Evaluation Committee composed of City staff. The Evaluation Committee will open and review the proposals in confidence. Submittals will be available to the public after contract award.

After the initial proposal evaluation, the City may determine that additional information is needed to establish the final ranking of proposers. The semi-finalists will be contacted and may be asked to:

• Conduct a scenario-based demonstration of the equipment or service,

• Revise the submitted fee proposal for the purpose of obtaining best and final offers, and/or

• Provide additional information to assist City in determining the best value proposer.

The Evaluation Committee will use all information collected to rank the semi-finalists in order of their ability to best meet the requirements of the City. The City will begin negotiating contracts with the highest ranked Proposers.

2.3 Responsiveness

Does the proposal meet the minimum requirements in Section 1.6 Responsive and Responsibility to be responsive (the submittal includes all of the required documentation): Pass/Fail

2.4 Responsibility

Does the proposal meet the minimum qualification requirements in Section 1.6 Responsive and Responsibility to be responsible (the documentation provided shows that the offeror is capable of performing the work): Pass/Fail

November 2023 Page 8

The total maximum score for the evaluation of proposals is 100 percent (100%). Proposals will be evaluated by the EC using the Proposal Evaluation Criteria as set forth below. Proposals that are deemed responsive, from a firm that has been deemed responsible will be evaluated based on the evaluation criteria below.

Proposal Evaluation Criteria Basis of Evaluation Score

Adherence to RFP Requirements Section 2.5 and 2.6 5% Firm Background Information Section 2.7 25% Firm Qualifications, Expertise, and Experience Section 2.8 25% Time Commitment and Availability Section 2.9 25% References Section 2.10 20% Total 100%

2.5 Adherence to RFP Requirements

To be considered responsive, the proposal shall include the information detailed in this section. Proposer must provide information in the proposal in the same order as shown below. The proposal shall be separated into the sub-headings referenced below. Failure to provide this information may result in a proposal being considered non-responsive to requirements.

2.6 Proposal Organization and Format

Proposals will be organized as follows:

• RFP Cover Page, Section 5: Provides basic Proposer contact information and an authorized signature accepting the City’s terms and conditions as stated in this solicitation and Addenda acknowledgment.

• Written Proposal o 2.7 Firm Background Information: Answers will be complete and in the order presented. Make your proposal as short as possible.

o 2.8 Firm Qualifications, Expertise and Experience: Answers will be complete and in the order presented. Make your proposal as short as possible.

o 2.9 Time Commitment and Availability Approach and Work Plan: Answers will be complete and in the order presented. Make your proposal as short as possible.

o 2.10 References o 2.11 and Section 6 Fee Schedule: Provide a separate comprehensive fee schedule.

• Optional Appendices or Exhibits: Proposers may include sample project information, sample reports, peer review reports, letters of recommendation, or other exhibits that may assist the City in favorably evaluating the proposal. Do not include generic marketing materials. (maximum 5 pages)

• Proposals will be deemed non-responsive and removed from further consideration if the Proposal is not received in accordance with the terms of this RFP or the Proposer does not meet the basic minimum qualifications and proposal requirements set forth in this RFP.

Proposals will be formatted as follows:

• Arial or a similar, easily readable font. A minimum of 11-point font size and 1.25-line spacing is required for text. Narrow or condensed fonts are not permitted. Font restrictions do not apply to attachments.

Different size fonts will be allowed for headings, charts, tables, and graphics and must be easily readable.

• As concise as possible and shall not include any unnecessary promotional material.

• Number every page beginning with the cover page, including the text charts and graphic pages.

November 2023 Page 9

• Narrative pages are to be 8½x11 inches. 11x17 pages, if used, shall be used sparingly and only where required to convey related information that cannot otherwise be accommodated on an 8½x11 page.

11x17 will count as two pages.

• The Proposer shall provide the information required in Section 2 Process Instructions.

• Comply with the maximum page limitations provided for each subsection of the RFP.

• Resumes shall be included as a separate attachment.

2.7 Firm Background Information

This section must include the following (maximum 2 pages):

a. Legal name, addresses, telephone numbers of the principal office (national headquarters) and local office. Include the same information if services will be provided from additional locations.

b. Year established and company history.

c. Business entity status (i.e., partnership, corporation, LLC) and Identify signature authority, by title, for the company.

d. Indicate if Proposer has defaulted in its performance on an agreement during the past five (5) years which has led the other party to terminate the agreement and if so, the identity of the parties involved and the circumstances of the default or termination.

e. Respond to the following:

i. Explain any pending litigation, liens, or claims involving your organization.

ii. Has your company filed for bankruptcy in the last ten (10) years?

2.8 Firm Qualifications, Expertise, and Experience

In this section (maximum 5 pages), include the following:

a. Describe the firm’s qualifications and experience working on similar, relevant, or related projects that were completed, as outlined in Section 4 Preliminary Scope of Services.

b. Describe how the firm (or firms if submitting a jointly prepared proposal) is organized to provide the required services as outlined in Section 4 Preliminary Scope of Services.

c. If utilizing any subconsultants and/or subcontractors, describe their qualifications working on similar, relevant, or related projects that were completed, as outlined in Section 4 Preliminary Scope of Services.

d. Provide a list of all services your firm has performed for the City in the past three (3) years, include a description of the services, date of engagement(s), members of the proposed team that performed the services. Indicate if your firm served as the prime or as a subconsultant.

2.9 Time Commitment and Availability

In this section (maximum 5 pages), include the following:

a. Points will be assigned for Proposer’s commitment to support the contract throughout its duration and its ability to provide the personnel to perform the services outlined in the Scope of Work. Proposer shall describe the time schedule for each proposed task described in the Scope of Work and the timeframe in which the Proposer can initiate the work once notified by the City. Describe your approach to completing Section 4 Preliminary Scope of Services. Provide comments regarding the proposed Section 4 Preliminary Scope of Services. This may be used as an opportunity to expand upon your team’s specific experience and expertise, and to outline any changes you believe would help achieve the project’s goals and objectives.

If appropriate, include tools and techniques you could use in addressing challenges and delivering services outlined in Section 4 Preliminary Scope of Services.

November 2023 Page 10

Proposers shall strive to address all major tasks outlined in Section 4 Preliminary Scope of Services and as appropriate, suggest supplemental tasks/sub-tasks for incorporation into the final Section 4 Preliminary Scope of Services.

2.10 References

In this section (maximum 5 pages), provide the following:

a. Provide three (3) Client References that provide former clients and representative projects undertaken in the last five (5) years which demonstrate relevant experience.

b. For each project, provide a project description, project costs, dates of engagement, project owner, and member(s) of the proposed team for this RFP that participated in the project.

c. For each reference, provide the name of the agency/firm, contact person’s name, title, address, phone number, and email address. Please ensure that the contact information is accurate for each reference.

The City reserves the right to:

• Check as many references that the City deems necessary.

• Assess a firm’s past performance.

• Contact references that the City determines are representative projects demonstrating experience that is relevant to this RFP.

• Check any other reference(s) that might be indicated through the specified contacts or that result from communication with other entities involved with similar projects.

• Include other industry sources and users of similar services known to the City.

• Contact client references for only shortlisted firms.

It is the responsibility of the Proposer to ensure the client reference contact person is available and willing to provide a reference within the timeframe stated in this section. The client reference score/weight shall have no bearing on any other evaluation criteria.

2.11 Fee Schedule

Proposers must complete and submit a separate Section 6 Fee Schedule. It is the Proposer’s responsibility to state all costs to provide the services outlined in Section 4 Preliminary Scope of Services. Costs shall include, but not be limited to, direct labor, overhead, fringe benefits, profit, subcontractors, other direct costs (ODC) such as materials, supplies, taxes, and travel. A Proposer’s failure to submit a Fee Schedule will deem the submittal non-responsive.

2.12 Negotiations

Upon the City’s approval of the final ranking of Proposers, the Proposers shall be prepared to enter negotiations.

The City will first begin negotiations with the top-ranked Proposer(s). If the City and the top-ranked Proposer(s) do not reach an agreement, then the City may negotiate with the next highest-ranked Proposer. This process will continue until the City reaches an agreement with a Proposer or terminates the procurement. The City may begin negotiating with the next highest-ranked Proposer whenever the City determines that doing so is in its best interest, and the City may negotiate with more than one Proposer at the same time.

The failure of the highest-ranked Proposer to comply with any of the requirements of this section shall constitute grounds for the City to negotiate the agreement with the next top-ranked Proposer. Upon completion of successful negotiations, the City will issue a written Notice of Intent to Award (NOITA) letter to all Proposers which lists the “Successful Proposer” that the City recommends for award of an agreement.

November 2023 Page 11

2.13 Public Record

Proposals received will become the property of the City. All proposals, evaluation documents, and any subsequent contracts will be subject to public disclosure per the “California Public Records Act,” (CPRA) California Government Code, sections 6250 – 6270. All documents related to this solicitation will become public records once discussions and negotiations with proposers have been fully completed and a Notice of Intent to Award (NOITA) letter to all Proposers is issued.

If Proposer’s proprietary information is contained in documents or information submitted to City, and Proposer claims that such information falls within one or more CPRA exemptions, Proposer must clearly mark such information “Confidential and Proprietary,” and identify the specific lines containing the information. In the event of a request for such information, City will make best efforts to provide notice to Proposer prior to such disclosure.

If Proposer contends that any documents are exempt from the CPRA and wishes to prevent disclosure, it is required to obtain a protective order, injunctive relief, or other appropriate remedy from a court of law in Santa Cruz County before the City is required to respond to the CPRA request. If Proposer fails to obtain such remedy within the time the City is required to respond to the CPRA request, City may disclose the requested information without any liability to Proposer. Proposer further agrees that it shall defend, indemnify and hold City harmless against any claim, action or litigation (including but not limited to all judgments, costs, and attorney’s fees) that may result from denial by City of a CPRA request for information arising from any representation, or any action (or inaction), by the Proposer.

2.14 Award Protests

The City desires to foster cooperative relationships with Proposers and to reach a fair agreement in a timely manner.

The City encourages Proposers to resolve issues regarding the solicitation requirements or the procurement process through written correspondence and discussions at least 7 business days prior to the proposal due date.

This will allow the City time to research the validity of the protest and either issue an addendum to the solicitation, cancel the solicitation, or determine the protest to be unfounded and proceed with the solicitation. In the event the protest of specifications is denied, and the protester wishes to continue in the protest process, the protesting Proposers must still submit a proposal in accordance with the proposal submittal procedures provided in this solicitation. Questions or concerns prior to the intent to award notice will be directed to:

Katy Fitzgerald, Management Analyst

(831) 420- 5206 kfitzgerald@santacruzca.gov

Any Proposer who unsuccessfully bids on a city contract or any trade association representing workers who would have potentially been employed by such contract may formally protest a contract award. Protest letters regarding a formal contract award will be directed to:

Santa Cruz Water Department

Water Director 212 Locust Street, Suite A

Santa Cruz, California 95060

Protests will be filed with the Water Director no later than 5 business days after the written notice of intention to award has been distributed. Protest letters will include:

• The name, address, and telephone number of the protester;

mailto:kfitzgerald@santacruzca.gov

November 2023 Page 12

• The solicitation title and due date;

• Name of City employee and Department designated as the contact in the original solicitation;

• A detailed statement of the legal and/or factual grounds for the protest; and

• The form of relief requested.

The Water Director will hear the protest prior to award of the contract. The protesting party may protest the City’s or successful Proposer’s failure to comply with the requirements of the Purchasing Ordinance or the solicitation documents. The protest must clearly set forth the basis for the protest; grounds not set forth in the written protest will not be considered by the Water Director at the protest hearing. The Water Director will sustain a protest if the protesting party demonstrates by clear and convincing evidence that, as specified above, the City would act improperly in awarding the contract. The decision of the Water Director will be final.

2.15 Debriefing

A debriefing may be held after the contract award with a Proposer so they may receive information about the evaluation of their proposal. The written request shall, either by the authorized officer or employee of the firm, be received by SCWD no more than thirty (30) days after the issuance of the NOITA. The debrief conference will be allotted a maximum of thirty (30) minutes and will consist only of the evaluation of the requesting Proposer.

2.16 Contract Implementation

Upon award notification and prior to final contract approval, the successful proposer will be required to submit:

• Proof of insurance and prevailing wage compliance documentation as specified in Section 3.2 Insurance Requirements;

• Documentation of all credentials necessary to legally perform the services specified;

• A completed W9 form and, if applicable, non-resident withholding exemption form, if not already on file with the City; and

• Proof of a current City of Santa Cruz business tax certificate if the proposer is located in, or performs services within, the city limits for more than 6 days annually.

• The finalized contract will be in the form included as Appendix A Sample Agreement herein RFP and any negotiated modifications agreed to by the parties.

2.17 Reservation of Rights

The City, at its sole discretion, reserves the following rights:

• To reject any or all proposals or information received pursuant to this RFP;

• To waive any informality or minor defects in proposals received;

• To supplement, amend, substitute, or otherwise modify this RFP at any time by means of written addendum;

• To cancel this RFP with or without the substitution of another RFP or prequalification process;

• To cancel the scope of services awarded through this RFP process with or without the substitution of another RFP or prequalification process;

• To request additional information;

• To bid separately any item or items where it is determined by the Purchasing Manager that:

A substantial savings in cost will result due to a large quantity purchase, or The commodity is not appropriately classified under this specification contract.

• To verify the qualifications and experience of each Proposer;

• To require one or more Proposers to supplement, clarify, or provide additional information in order for the City to evaluate proposals submitted.

November 2023 Page 13

2.18 Environmental Conservation and Sustainable Living

The City of Santa Cruz has long been an advocate for environmental conservation and sustainable living. This includes, but is not limited to, the Green Business Program, the Living Wage Ordinance, the Clean Ocean Business Program, and General Plan goals which define greenhouse gas reduction objectives to reduce community-wide greenhouse gas emissions 30 percent by 2020 and 80 percent by 2050 (compared to 1990 levels). Proposers are encouraged to identify how the Proposer can support the City in meeting these goals in their proposal.

2.19 Financial Responsibility

The City accepts no financial responsibility for any costs incurred by a Proposer in responding to this RFP.

Proposers acknowledge and agree that their Proposals will become the property of the City and may be used by the City in any way deemed appropriate.

November 2023 Page 14

SECTION 3 TERMS AND CONDITIONS

3.1 Insurance Requirements

Proposer will provide Certificate of Insurance(s) for Professional Liability, Commercial General Liability, Auto Liability, and Workers’ Compensation as stated in Exhibit D within Appendix A, the sample Professional Services Agreement. The City reserves the right to adjust the insurance terms provided based on the type and scope of project proposed by the Proposer.

3.2 Prevailing Wages and Labor Compliance

Prevailing wages do not apply.

3.3 Agreement (Appendix A)

The successful Proposer will be required to enter into an Professional Services Agreement (PSA) in the form of Appendix A. If a Proposer is unable to accept City’s PSA terms substantially in the form presented, the Proposer must include a redline version of the PSA with its proposal. The revised PSA must clearly mark any section to which it objects, set forth the Proposer’s proposed alternative terms, and explain the basis for each proposed change.

If a satisfactory agreement cannot be negotiated in a reasonable time, the City in its sole discretion may terminate negotiations.

3.4 Agreement Effective Date

The agreement resulting from this solicitation is tentatively scheduled to begin early 2024.

3.5 Equal Employment Opportunity and Non-Discrimination

City’s policies promote a working environment free from abusive conduct, discrimination, harassment, and retaliation; and require equal opportunity in employment for all regardless of race, religious creed (including religious dress and grooming practices), color, national origin (including language use restrictions), ancestry, religion, disability (mental and physical), medical condition, sex, gender (including gender identity and gender expression), physical characteristics, marital status, age, sexual orientation, genetic information (including family health history and genetic test results), organizational affiliation, and military or and veteran status, or any other consideration made unlawful by local, State or Federal law. City requires Consultant to be in compliance with all applicable Federal and State and local equal employment opportunity acts, laws, and regulations and Consultant is responsible for ensuring that effective policies and procedures concerning the prevention of abusive conduct, discrimination, harassment, and retaliation exist in Consultant’s business organization. The City’s current Equal Employment Opportunity and Non-Discrimination policies to which this Section applies may be viewed at http://www.codepublishing.com/CA/SantaCruz/?SantaCruz09/SantaCruz0983.html and http://www.cityofsantacruz.com/home/showdocument?id=59192. Copies are available upon request from the City’s Purchasing Division.

3.6 Indemnification

Proposer agrees, to the fullest extent permitted by law, to indemnify, defend, and hold harmless the City, its officials, officers, employees, agents, and volunteers (collectively, “Indemnitees”) from and against any and all liability, claim, action, loss, injury, damage, judgment, or expense, including attorneys’ fees and costs (“Losses”) caused by or resulting from the negligence, recklessness, or willful misconduct of Proposer, Proposer’s officers, employees, agents, or subcontractors in any way related to this Agreement. Proposer’s duty to indemnify and hold harmless Indemnitees shall not apply to the extent such Losses are caused by the sole or active negligence or willful misconduct of Indemnitees, as determined by an adjudicatory body or court of competent jurisdiction, http://www.codepublishing.com/CA/SantaCruz/?SantaCruz09/SantaCruz0983.html http://www.cityofsantacruz.com/home/showdocument?id=59192

November 2023 Page 15 if applicable. The obligation to defend shall arise regardless of any claim or assertion that Indemnitees caused or contributed to the Losses.

In the event this Agreement involves the performance of design professional services by Proposer, Proposer’s officers, employees, agents, or subcontractors, Proposer’s costs to defend Indemnitees shall not exceed the Proposer’s proportionate percentage of fault per Civil Code §2782.8. This section shall survive the termination or expiration of this Agreement.

November 2023 Page 16

SECTION 4 PRELIMINARY SCOPE OF SERVICES

4.1 Project Objectives

The Santa Cruz Water Department desires to establish an agreement with a consultant with expertise in labor compliance to support various Capital Improvement Program projects. The Scope of Work per project will be agreed to between the parties and must be approved by the City in writing prior to work beginning. Example types of projects will include, but not be limited to water treatment plant upgrades, water tank rehabilitations, water main replacements, building construction, and projects performed by other agencies that require Water Department inspection. Potential projects may include Graham Hill Water Treatment Plant minor upgrades, water tank rehabilitations and pipelines.

4.2 Scope of Work

The Santa Cruz Water Department and Consultant will develop a Scope of Work (SOW) for specific projects when needed. The SOW will typically include the following tasks:

• Provide the City with a list of applicable worker classifications and wage determinations to be included in bidding documents for pre-construction professional service agreements and construction contracts.

• Attend pre-construction meetings on selected projects to ensure contractors are informed and educated on relevant laws and provide forms/documentation for prevailing wage and Davis Bacon compliance.

• Provide contractors with a telephone and email contact where contractors and subcontractors can call for clarification of compliance requirements and assistance.

• Confirm contractors are in compliance with all state and federal labor compliance standards and regulations; review and audit project time sheets, verify project wage determinations and work classifications used including hours worked. Verify contractors are maintaining proper records per California Labor Code Sections 1776 and 1812. Review work classifications with the state and federal wage classifications and/or Davis-Bacon Act requirements.

• Conduct site visits during construction and interview workers. Interview a minimum of one worker per craft on site. Site visits are to be coordinated with contractors.

o For projects subject to Davis-Bacon provisions, complete U.S. General Services Administration Standard Form (SF) 1445, Labor Standards Interview.

• Confirm that contractors shall post job site notices for all projects with regard to prevailing wage requirements per California Labor Code Section 1773.2 and WH-1321, when applicable.

• Monitor weekly certified payroll reports (CPRs) including, but not limited to:

o Proper wages paid for the classification selected;

o Proper calculations and payment of fringe benefits and training contributions;

o Review overtime hours, shift pay, weekend or holiday work and payments;

o Collect Local Hire Residency Compliance Form per Santa Cruz Municipal Code 3.10; and o Notify the prime contractor of any deficiencies in wages, overtime compensation, incomplete or inaccurate CPRs, and/or incomplete or inaccurate Statements of Compliance.

• Cross reference certified payroll records with onsite interviews to verify all workers are listed and review that the Statement of Compliance is complete and signed by an individual of knowledge and authority.

• Monitoring of all apprenticeship requirements including:

November 2023 Page 17 o Collection and review of DAS-140 and DAS-142 forms.

o Review of applicable ratios, correct wages paid, and training contributions (CAC Forms).

o Verification that all apprentices also have an active Division of Apprentice Standards and/or BAT (US Dept. of Labor Bureau of Apprenticeship Training) registration.

o Verify apprenticeship utilization as set forth in California Labor Code Section 1777.5.

• Identify inconsistencies or deliberate deceptions on the part of the contractors and/or subcontractors through review of cancelled checks, time sheets, and related records and seek appropriate resolution within the California Prevailing Wage laws and/or Davis-Bacon Act regulations.

• Coordinate with the City and contractors and subcontractors with the goal of amicable agreement on resolving issues related to violations, penalties, and compliance.

• Provide a monthly report to City for each project assigned containing a list of compliance tasks performed, compliance status for each Contractor and Subcontractor on project, use of apprentices, and the submitted Local Hire Residency Compliance Forms.

• Attend any compliance or auditing meetings with the state and/or federal agencies relating to the labor compliance on all projects.

• Provide training and other assistance relating to labor compliance as requested by the City and contractors.

• Prior to project closeout, submit a notice to contractors or subcontractors if there are still outstanding items. Allow contractors or subcontractors ten (10) days to submit additional documentation or to make corrections.

• Upon project completion, provide the City with a written statement that all state and federal labor standards and regulations have been successfully complied with, as well as all CPRs and all other documentation and correspondence related to the project. Maintain all project records for a period of three (3) years after project completion.

4.3 Responsibilities of the City

The City will provide a person of contact, a City-approved detailed Scope of Work, Fee Schedule based on the cost proposal submitted with the proposal, and Schedule per project.

4.4 Consultant’s Employee Conduct

Consultant will agree to remove any employee whose conduct is improper, inappropriate, or offensive as determined by the City. A removed employee(s) is not to work on City premises without the written consent of the City. The Consultant will remove any employee from working in, or delivering to, City facilities who is convicted of a felony during his/her employment.

November 2023 Page 18

SECTION 5 PROPOSAL COVER PAGE

5.1 Proposal Deadline

Proposals are due no later than 3:00 pm on 11/15/2023. All proposals will be submitted electronically via the City’s e-Procurement portal: https://procurement.opengov.com/portal/santacruzca.

5.2 Proposal Response Sheet

The undersigned, upon acceptance, agrees to furnish the following in accordance with the specifications and terms and conditions per City of Santa Cruz “Request for Proposals for On-Call Labor Compliance” at the prices indicated herein.

The undersigned, under penalty of perjury, declares not to be a party with any other business to an agreement to bid a fixed or uniform price in connection with this proposal.

The unsigned declares under penalty of perjury that she/he is authorized to sign this document and bind the business or organization to the terms of this contract.

The undersigned recognizes the right of the City of Santa Cruz to reject any or all proposals received and to waive any informality or minor defects in proposals received.

The undersigned declares under penalty of perjury that the information contained in this Proposal and all accompanying documents are true and correct.

Proposer Name:

Address:

Telephone Number:

Fax Number:

E-mail address:

Signature of Authorized Representative:

Printed Name of Authorized Representative:

Addenda Proposer acknowledges receipt of addenda to this RFP.

How many addenda were issued for this solicitation? ________

November 2023 Page 19

SECTION 6 FEE SCHEDULE

It is the Proposer’s responsibility to state all costs to provide the services outlined in Section 4 Preliminary Scope of Services. Costs shall include, but not be limited to, direct labor, overhead, fringe benefits, profit, subcontractors, other direct costs (ODC) such as materials, supplies, taxes, and travel. A Proposer’s failure to submit a separate Fee Schedule will deem the submittal non-responsive.

a) If applicable, describe under what circumstances that City would be charged for additional work.

b) Provide a dated, current, fee schedule of hourly rates per position title.

Sample Fee Schedule Format

Staff/Position Hourly Rate

Other Direct Cost Actual Expense with Receipt

City of Santa Cruz Professional Services Agreement for

APPENDIX A SAMPLE AGREEMENT

November 2023 Page 1

Professional Services Agreement With

_______________[CONSULTANT NAME]

For ON-CALL LABOR COMPLIANCE SERVICES

THIS AGREEMENT for professional services is made by and between the City of Santa Cruz (“City”) and __________________ (“Consultant”) (each is referred to individually as a “Party” and collectively, as the “Parties”) as of ____________, 20__ (the “Effective Date”).

NOW, THEREFORE, in consideration of each other’s mutual promises, the Parties hereto agree as follows:

SECTION 1: SCOPE OF WORK

Consultant will furnish services as defined and described in the Scope of Work, attached hereto as Exhibit A and incorporated herein.

SECTION 2: RESPONSIBILITIES OF CONSULTANT

All work performed by Consultant, or under Consultant’s direction, shall be rendered in accordance with the generally accepted practices, and to the standards of, Consultant's profession. Consultant represents and agrees that Consultant: (i) is fully experienced and properly qualified to perform the work and services provided for herein, (ii) has the financial capability required for the performance of the work and services, and (iii) is properly equipped and organized to perform the work and services in a competent, timely, and proper manner, in accordance with the requirements of this Agreement.

Consultant shall not undertake any work beyond the Scope of Work set forth in Exhibit A unless such additional work is approved in advance and in writing by City. The cost of such additional work shall be reimbursed to Consultant by City on the same basis as provided for in Section 4.

If, in performing the work, it is necessary to conduct field operations, security and safety of the job site will be the Consultant's responsibility excluding, the security and safety of any facility of City within the job site which is not under the Consultant's control.

Consultant shall meet with Rosemary Menard, Director of the Water Department, hereinafter called "Director", or other designated and authorized City personnel, or third parties as necessary, on all matters connected with carrying out of Consultant’s services described in Exhibit A. Such meetings shall be held at the request of either Party.

Review and City approval of completed work shall be obtained monthly, or at other intervals as may be mutually agreed upon during the course of this Agreement. Review, approval, or acceptance of Consultant’s work by City or others shall not relieve Consultant from responsibility for errors and omissions in Consultant’s work.

SECTION 3: RESPONSIBILITIES OF THE CITY

City shall make available to Consultant all necessary data and information in the City's possession and shall actively assist Consultant in obtaining such information from other agencies and individuals as needed. Consultant is entitled to reasonably rely upon the accuracy and completeness of such data and information, and Consultant shall provide City prompt written notice of any known defects in such data and information.

The Director may authorize a staff person to serve as his or her representative. The work in progress shall be reviewed at such intervals as may be mutually agreed upon between the Parties. The City will be the sole judge of

November 2023 Page 2 acceptable work, provided that such approval will not be unreasonably withheld or delayed. If the work is not acceptable, City will inform Consultant of the changes or revisions necessary to secure approval.

November 2023 Page 3

SECTION 4: FEES AND PAYMENT

For services actually performed, the City will compensate Consultant at the rates set forth in the Fee Schedule detailed in Exhibit B and in accordance with the terms set forth therein. Payment for Consultant's services in carrying out the entire Scope of Work shall be made within the budget limit, or limits shown, upon Exhibit B. Such payment shall be considered the full compensation for all personnel, materials, supplies, and equipment used by Consultant in the Scope of Work. Markups shall not be charged for any approved sub-consultants or subcontractors.

Consultant agrees that the payments to Consultant specified in this Section 4 will constitute full and complete compensation for all obligations assumed by Consultant under this Agreement. Where conflicts regarding compensation may occur, the provisions of this section apply.

Variations from the budget for each task which are justified by statements indicating personnel time expended and submittal of a revised budget are only allowed with prior City approval; however, in no event shall the total fee charged for the Scope of Work set forth in Exhibit A exceed the budget of $DOLLAR without advance written City authorization in the form of an amendment or change order.

Invoices shall detail the time worked by each class of employee on each task and the expenses incurred for which billing is made. Invoices shall indicate the percentage completion of each work task as identified in the Scope of Work in Exhibit A and the overall percentage of completion of the total required services. Unless otherwise specified in the fee schedule, payments shall be made monthly by the City within 30 days based on itemized invoices from the Consultant which list the actual costs and expenses.

All invoices shall contain the following affidavit signed by Consultant (if individual) or by a principal of Consultant’s firm (if Consultant is an entity):

"I hereby certify [or as principal of Consultant] that the charge of (Insert invoice amount) as summarized above and shown in detail on the attachments is a fair and reasonable use of public funds, is in accordance with the terms of Agreement dated (Insert Agreement Date), and has not been previously paid."

This Agreement is contingent upon the appropriation of sufficient funding by the City for the services covered by this Agreement. If funding is reduced or deleted by the City for the services covered by this Agreement, the City has the option without penalty or liability to either terminate this Agreement or to offer an amendment to this Agreement indicating the reduced amount.

SECTION 5: TRAVEL REIMBURSEMENT POLICY

The City agrees to reimburse Consultant and Consultant’s employee(s) for only authorized travel expenses, as indicated by a mark below, and according to the City’s Travel Reimbursement Policy. It is expected that all travel expenses incurred by Consultant while conducting activities on behalf of the City will be at reasonable rates and that Consultant and Consultant’s employee(s) will exercise prudence in incurring these expenses.

The total fees and costs of Consultant’s services shall not exceed the amount described in the Fee Schedule.

☐ Meals: Meals are reimbursed at the current GSA Meals & Incidental per diem rate by county (www.gsa.gov/travel). The City does not reimburse for actual costs for meals. Reimbursement is based solely on per diem rates. Do not submit meal receipts.

• Travel before 8:00am qualifies for breakfast reimbursement.

• Travel between 8:00am – 1:30pm qualifies for…