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HomeMy WebLinkAboutSOLIS GROUP, THE (TSG ENTERPRISES, INC.)INSURANCE ui,: hHl: 1V; 111K MAY PROCEED UNT!! IN'03U NZU EXPIRES A-2024-143 0ATF P'2 4 2024 CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND TSG ENTERPRISES, INC. DBA THE SOLIS GROUP TO ADMINISTER AND ENFORCE THE CITY'S COMMUNITY WORKFORCE AGREEMENT Sear ilnoras LI-F) THIS AGREEMENT is made and entered into on this 17a` day of September, 2024 by and between the TSG Enterprises, Inc. DBA The Solis Group ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On June 19, 2024, the City issued Request for Proposal No. 24-084, by which it sought a qualified consultant to provide professional services in administering and enforcing the City's Community Workforce Agreement (CWA). B. Consultant submitted a responsive proposal dated July 3, 2024 that was selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 24-084. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Contractor shall perform the services described in the scope of work that was included in RFP No. 24-084 and that is attached as Exhibit A, and as further delineated in Consultant's proposal, which is attached as Exhibit B and incorporated in full. 2. COMPENSATION Not to exceed amount shall be determined by the level of construction activity via public works permits, from which the City will generate revenue to cover the cost of these services. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit C. The total amount to be expended under this Agreement shall not exceed $2,000,000 during the term of this Agreement, including any extension periods exercised under Section 3. b. Payment by City shall be made within 45 days (forty-five) days ,following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above for a three (3) Year term with the option for the City to grant up to one (1) two (2) year renewal, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below. 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to 'license any and all Documents & Data. ' Consultant makes no such representation andAy,,a rranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance, Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: i. Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty 3 (30) days prior written notice to the City. iv. Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference into the Agreement. V. Consultant shall supply City with a fully executed additional insured endorsement. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief arises by reason of the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 11 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the 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 under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 5 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 18. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 19. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This clause shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement. C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 21. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Nabil Saba Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Sox 1988 Santa Ana, California 92702 Fax: 714- 647-5635 To Consultant: TSG Enterprises, Inc. dba. The Solis Group 3452 E. Foothill Blvd., Suite 200 Pasadena, CA 91107 C� Attn: (1/1 ti rc- Kowswej CM A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. [This space intentionally left blank] [Signatures continued on the next page] IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: a� CITY OF SANTA ANA r ennifer L. ial AI aro Nunez Cit City Manager APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Jose ontoya Assistant City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba ❑ite:20signed by:14ASaba Date: 2024.08.26 13:14:49 -07'00' NabiI Saba Executive Director Public Works Agency 9 CONSU TANT: Elizabeth Soli ,Campan Chief Exec cve Officer EXHIBIT A REQUEST FOR PROPOSALS NO. 24-084 FOR LABOR COMPLIANCE & COMMUNITY WORKFORCE AGREEMENT PROFESSIONAL ADMINISTRATIVE SERVICES CITY OF SANTA ANA PUBLIC WORKS AGENCY 20 Civic Center Plaza Santa Ana, CA 92701 Sean Thomas Project Manager (714) 647-5655 Sthomas5@santa-ana.org VA Nabil Saba, P.E. Executive Director Public Works Agency KEY RFP DATES: The schedule below is tentative and subject to change at the discretion of City, with appropriate notice to prospective Proposers. Issue Date: Deadline for Request for Information: Submittal Due Date: Project Award Date: Wednesday, June 19, 2024 Tuesday, June 25, 2024, 2:00 P.M. Wednesday, July 3, 2024 Tuesday, August 20, 2024 CITY OF SANTA ANA EXHIBIT I SCOPE OF SERVICES INTRODUCTIONIBACKGROUN D The Community Workforce Agreement (CWA) is an agreement between the City of Santa Ana (City), the Los Angeles/Orange Counties Building and Construction Trades Council, and affiliated local unions, The CWA became fully integrated into project specifications in September of 2017 and has since adopted a new agreement in June of 2023 (EXHIBIT III) The City seeks proposals from capable and experienced firms to provide professional services in overseeing and monitoring labor compliance requirements, as well as administering and enforcing the obligations of the CWA to ensure that the benefits envisioned from it flow to all Parties, including the Contractors, crafts persons working under it, and the residents of the City. The objective for Public Works Projects is to ensure that any and all Contractors adhere to the State of California Departement of Industrial Relations (DIR) Labor Compliance and Prevailing Wage requirements. All workers performing any labor must be in accordance with the California State Labor Code. The aim of the CWA is to increase employment opportunities for workers who live in Santa Ana, Orange County, and Veterans, regardless of where they reside, increase training and employment opportunities for the City's construction trade students through apprenticeships, and to promote efficiency of construction operations performed for the City. The CWA applies to all of the City's Project Work performed by Contractor(s) of any tier that have contracts awarded for such work, for the development of the City's facilities which have been designated by the City for construction or rehabilitation. Project Work covered by the CWA is defined and limited to all construction and major rehabilitation work for multi trade construction contracts exceeding seven -hundred and fiftythousand dollars ($750,000), and all specialty contracts exceeding one -hundred thousand dollars ($100,000). A goal of thirty (30) percent of total work hours shall be performed from workers residing within the areas defined in the CWA. DESCRIPTION OF WORK Provide all services, and support, required to actively monitor and enforce all Labor Compliance requirements and reporting. Provide all services, and support, required to actively administer and enforce the obligation of the CWA, ensuring that the benefits from it flow to all Parties, FIRMICONTRACTOR RESPONSIBILITIES The selected firm shall provide profressional administrative services that invlude, but are not limited to the following: 1. Act as the City's authorized respresentative and the liason between the City, Contractors, and Local Unions, coordinating all CWA activities. 2. Attend Pre -Bid and/or Pre -Construction meetings to provide an overview of the CWA, responsibilities outlined within the CWA, and resources available to assist Contractor in achieving the CWA goal. 3. Conduct Pre -Job Meeting between Contractor, Sub -Contractors, and appropriate Unions, informing all parties of their rights and obligations under the CWA. 4. Assist and guide Contractors during all phases of construction. 5. Assist and advise City staff in the preparation CWA sections of project Specifications and Bid Package. 6. Assist in review, and responses, to CWA related Requests for Information during bidding. 7. Collect, review, and verify all forms required by the CWA, prior to commencement of project work. Create and maintain a CWA Administration database. 8. Assist in interpretation, clarification, and application of the CWA. 9. Recommend enhancements of the CWA. 10. Investigate, supervise, and resolve CWA grievances. 11. Monitor and recommend enforcement measures to ensure compliance by Contractor, and Local Unions, with provisions of the CWA. 12. Organize monthly meetings with City staff, providing CWA update on City projects. 13. Prepare various monthly, quarterly, and annual reports detailing CWA I labor compliance activity. 14. Prepare a Project Closeout Report outlining obstacles, violations, services performed, and final percentages achieved by workforce type (Santa Ana, Orange County, Veterans and Non -Local). 15. Prepare an Annual report summarizing all CWA activity (planned, active, and completed projects), to present to City Council and residents of Santa Ana. 16. Author updates to CWA Compliance Packet to assist Contractors in complying with the CWA, as needed. 17. Author updates to CWA Policies and Procedures manual as a guide for CWA administration duties, 18. Train City staff, and those identified by the City, on implementation of CWA by developing educational material and presentations. 19. CWA orientation for Contractors, as needed. 20. Act as the City's authorized representative and the liason between the City, Contractors, and other agencies, coordinating all Labor Compliance activities, 21. Attend Pre -Bid and/or Pre -Construction meetings to provide an overview of the labor compliance requirements that the Contractor must follow. 22. Assist and advise City staff in the preparation of Labor Compliance section of project Specifications and Bid Package. 23. In accordance with the Caltrans Local Assistance Procedures Manual (LAPM), collect, review, and verify all Certified Payroll Reports (CPR) against the prevailing wage rates. Create and maintain a database to encompass all Labor Compliance. 24. Ensure Apprenticeship requirements are met per project Specifications. 25. Perform regular site interviews of Contractor's employees for wage rate verification in accordance with the Caltrans LAPM. 26. Prepare a Project Closeout Report outlining any deficiencies, any/all CPRs, interview records, claims, and any final Labor Compliance reports. 27. Train City staff, and those identified by the City, on implementation of Labor Compliance by developing educations material and presentations. AIIgo] kNI_flII11101W The City will furnish copies of project Plans and Specifications. The City will make available any other material related to the Community Workforce Agreement and Labor Compliance. PREVAILING WAGES The successful firm will be subjected to compliance, monitoring and enforcement by the State of California Department of Industrial Relations. The firms are required to inform themselves fully of the conditions relating to labor under which the work will be performed. In accordance with the California State Labor Code, prevailing wage rates apply per the following link. httpsalwww.dir.ca.govhaublic-works/publicworks.html Firm shall provide certified payroll to the Ciy upon invoicing. The City will not process invoices until certified payroll has been provided. FEE PROPOSAL In addition to Section IV.B.3 (Submittal Requirements: Fee Proposal) fee schedule shall be structured as follows: Proposer's Fee Proposal shall be submitted concurrently with the technical proposal, but in a separately sealed envelope, clearly labeled as "Fee Proposal." This shall include the firm's Standard Hourly Fee Schedule, inclusive of all anticipated applicable fees for the types of projects described in this RFP. The proposer shall also submit another Fee Proposal to include classifications or services that can be provided by the proposer, This fee proposal should be included in the aforementioned envelope. EXHIBIT B 11 Volume I; Statement of Qualifications LABOR COMPLIANCE &COMMUNITY -44 WORKFORCE AGREEMENT PROFESSIONAL ADMINISTRATIVE SERVICES • ■ �} ice- _ ,/ ..k„• 10,10,00 +fi j •' ; 04 S A H r 4 City of Santa Ana - RFP No. 24-084 1 Labor Compliance & Community Workforce Agreement Professional Administrative Services The City presents a well -developed general scope of services in the RFP; we concur with the City's scope of work and incorporate it herein. Our scope of services shall include, but are not limited to the following: 1. Act as the City's authorized representative and the liaison between the City, Contractors, and Local Unions, coordinating all CWA activities. 2. Attend Pre -Bid and/or Pre -Construction meetings to provide an overview of the CWA, responsibilities outlined within the CWA, and resources available to assist Contractor in achieving the CWA goal. 3. Conduct Pre -Job meetings between Contractor, Sub -Contractors, and appropriate Unions, informing all parties of their rights and obligations under the CWA. 4. Assist and guide Contractors during all phases of construction. 5. Assist and advise City staff in the preparation of CWA sections of project specifications and bid packages. 6. Assist in review, and responses, to CWA related Requests for Information during bidding. 7. Collect, review, and verify all forms required by the CWA, prior to commencement of project work. Create and maintain a CWA Administration database. 8. Assist in interpretation, clarification, and application of the CWA. 9. Recommend enhancements of the CWA. 10. Investigate, supervise, and resolve CWA grievances. 11. Monitor and recommend enforcement measures to ensure compliance by Contractor and Local Unions, with provisions of the CWA. 12. Organize monthly meetings with City staff, providing CWA update on City projects. 13. Prepare various monthly, quarterly, and annual reports detailing CWA/labor compliance activity. 14. Prepare a Project Closeout Report outlining obstacles, violations, services performed, and final percentages achieved by workforce type (Santa Ana, Orange County, Veterans, and Non -Local). 15. Prepare an Annual Report summarizing all CWA activity (planned, active, and completed projects), to present to City Council and residents of Santa Ana. 16. Author updates to CWA Compliance Packet to assist Contractors in complying with the CWA, as needed. 17. Author updates to CWA Policies and Procedures manual as a guide for CWA administration duties. 18. Train City staff, and those identified by the City, on implementation of CWA by developing educational material and presentations. 19. Conduct CWA orientation for Contractors, as needed. 20. Act as the City's authorized representative and liaison between the City, Contractors, and other agencies, coordinating all labor compliance activities. 21. Attend Pre -Bid and/or Pre -Construction meetings to provide an overview of the labor compliance requirements that the Contractor must follow. 22. Assist and advise City staff in the preparation of the labor compliance section of project specifications and bid packages. I 1 City of Santa Ana - RFP No. 24-084 Labor Compliarce & Community Workforce Agreement Professional Administrative Services 23. In accordance with the Caltrans Local Assistance Procedures Manual (LAPM), collect, review, and verify all Certified Payroll Reports (CPR) against the prevailing wage rates. Create and maintain a database to encompass all labor compliance. 24. Ensure Apprenticeship requirements are met per projct specifications. 25. Perform regular site interviews of Contractor's employees for wage rate verification in accordance with the Caltrans LAPM. 26. Prepare a Project Closeout Report outlining any deficiencies, any/all CPRs, interview records, claims, and any final labor compliance reports. 27. Train City staff, and those identified by the City, on implementation of labor compliance by developing educational material and presentations. A detailed description of our deliverables, implementation plan, and timeline in accordance to this scope of services can be found under Proposal Section e. Proposed Work Plan/Understanding of Need. 01 EXHIBIT C 12 • ■ Volume II. Cost Proposal LABOR COMPLIANCE & COMMUNITY WORKFORCE AGREEMENT PROFESSIONAL ADMINISTRATIVE SERVICES 5 A •1 r � �p� * If IUV �( c City of Santa Ana - RFP No. 24-084 Labor Compliance & Community Workforce Agreement 1 Professional Administrative Services +Cry ,t Proposal TSG's rates cover all direct labor, overhead, fringe benefits and profit, and expenses such as travel (mileage, parking, etc.) and communication (postage, reports, telephone, etc.). Our standard billing rates are presented in the table below. StandardTSG . Principal Agent $220 $225 $225 $230 $230 Project Manager $149 $154 $154 $159 $159 Analyst $111 $115 $115 $118 $118 Site Interviewer $103 $106 $106 $110 $110 Standard Pricing Methodology We develop project -specific cost estimates by service (i.e., Labor Compliance Administration, CWA Administrator Services, etc.) based on the following factors: • Construction Value • Planned Construction Duration • Number of Prime contracts to be monitored • Estimated number of subcontracts to be monitored Utilizing actual staff hours required to perform on similar past work, we develop estimates of the total average monthly staff hours necessary to provide monitoring for projects of similar size, duration, and construction team composition. If actual construction activities continue beyond the planned end of construction, we will continue providing all services at the same billing rates. Task and Team Hourly Effort As requested in the RFP, on the following page we have included a table that outlines the tasks in the City's scope of services and provides an estimate of hours, per team member, for each given task, City of Santa Ana - RFP No. 24-084 Labor Compliance & Community Workforce Agreement Professional Administrative Services DescriptionTask of Task Team Hourly Act as the City's authorized representative and the liaison between the City, Principal Agent: 1 hour 1 Project Manager: 4 hours Contractors, and Local Unions, coordinating all CWA activities. Analyst: 2 hours Attend Pre -Bid and/or Pre -Construction meetings to provide an overview of (Project -Specific) 2 the CWA, responsibilities outlined within the CWA, and resources available Project Manager: 3 hours to assist Contractor in achieving the CWA goal. Analyst: 5 hours Conduct Pre -lob meetings between Contractor, Sub -Contractors, and (Project Specific) 3 appropriate Unions, informing all parties of their rights and obligations Project Manager: 3 hours under the CWA. Analyst: 5 hours 4 Assist and guide Contractors during all phases of construction. Project Manager: 2 hours Analyst: 3 hours Assist and advise City staff in the preparation of CWA sections of project Project Manager: 3 hours 5 specifications and bid packages. Analyst: 1 hours Assist in review, and responses, to CWA related Requests for Information Project Manager: 1 hour during bidding. Collect, review, and verify all forms required by the CWA, prior to commencement of project work. Create and maintain a CWA Project Manager: 2 hours Analyst: 6 hours Administration database. Assist in interpretation, clarification, and application of the CWA. Project Manager: 4 hours Recommend enhancements of the CWA. Principal Agent: 1 hour Project Manager: 4 hours 10 Investigate, supervise, and resolve CWA grievances. Project Manager. 6 hours Analyst: 1D hours Monitor and recommend enforcement measures to ensure compliance by 11 Project Manager; 3 hours Contractor and Local Unions, with provisions of the CWA. Organize monthly meetings with City staff, providing CWA update on 12 Project Manager: 2 hours i City projects. Prepare various monthly, quarterly, and annual reports detailing CWA/labor (Monthly) Project Manager: 2 hours compliance activity. Analyst:4 hours City of Santa Ana - RFP No. 24-084 Labor Compliance & Community Workforce Agreement Professional Administrative Services I- .go .MM FProJet Prepare a Project Closeout Report outlining obstacles, violations, servicesperformed, and final percentages achieved by workforce type (Santa Ana, Manager: 1 hour Analyst: 2 hours Orange County, Veterans, and Non -Local). Prepare Annual Report summarizing all CWA activity (planned, active, and Project Manager: 2 hours completed projects), to present to City Council and residents of Santa Ana. Analyst: 3 hours Author updates to CWA Compliance Packet to assist Contractors in Project Manager: 2 hours complying with the CWA, as needed. Analyst: 2 hours updates to CWA Policies and Procedures manual as a guide for CWA Project Manager: 2 hours 17 1Author administration duties. Analyst: 2 hours Train City staff, and those identified by the City, on implementation of CWA Project Manager: 4 hours 18 by developing educational material and presentations. Analyst: 8 hours 19 Conduct CWA orientation for Contractors, as needed. Project Manager: 2 hours Analyst: 4 hours Act as the City's authorized representative and liaison between the City, 20 Contractors, and other agencies, coordinating all labor compliance Project Manager: 2 hours Analyst: 1 hour activities. Attend Pre -Bid and/or Pre -Construction meetings to provide an overview of (Project -Specific) ,Z1,. the labor compliance requirements that the Contractor must follow. Project Manager: 3 hours Analyst: 5 hours 22 Assist and advise City staff in the preparation of the labor compliance Project Manager: 3 hours section of project specifications and bid packages. Analyst: 1 hours In accordance with the Caltrans Local Assistance Procedures Manual (LAPM), collect, review, and verify all Certified Payroll Reports (CPR) against (Monthly) 23 Project Manager: 2 hours the prevailing wage rates. Create and maintain a database to Analyst: 5 hours encompass all labor compliance. 24 Fnsure Apprenticeship requirements are met per projct specifications. Project Manager: 1 hour Analyst: 2 hours Perform regular site interviews of Contractor's employees for wage rate 25 Site Interviewer: 2 hours verification in accordance with the Caltrans LAPM. Prepare a Project Closeout Report outlining any deficiencies, any/all CPRs, Project Manager: 1 hour interview records, claims, and any final labor compliance reports. Analyst: 2 hours Train City staff, and those identified by the City, on implementation of labor Project Manager: 4 hours compliance by developing educational material and presentations. Analyst: 8 hours City of Santa Ana - RFP No. 24-084 Labor Compliance & Community Workforce Agreement Professional Administrative Services Sample Project Cost To best illustrate our pricing methodology, below are pricing tables for several sample projects of varying sizes that are broken down by team member, include both CWA administration and labor compliance, and assumed to be billed on a Time and Materials basis. Description Concrete Improvements ConstructionProject $4,810,000 (includingDuration of 8 Role Billing Rate Estimated Number of Hours Monthly Estimate Principal Agent $185 1 $185 Project Manager $149 3 $447 Analyst $111 7 $777 Site Interviewer $103 2 $206 Estimated Total Cost (Monthly) $1,615 Life of Project Cost Estimate $12,920 Project Description Library Renovation Construction $26,158,246 Duration f f ■ • activities) 14 Role Billing Rate Estimated Number of Hours Monthly Estimate Principal Agent $185 1 $185 Project Manager $149 5 $745 Analyst $111 12 $1,554 Site Interviewer $103 2 $206 Estimated Total Cost (Monthly' $2,690 Life of Project Cost Estimate $37,660 Project Description Field, Stadium, and Pool Renovation Construction Value $72,000,000 Duration (including 2-months of closeout activities) 20 Role Billing Rate Estimated Number of Hours Monthly Estimate Principal Agent $185 1 $185 Project Manager $149 10 $1,490 Analyst $111 19 $2,109 Site Interviewer $103 2 $206 Estimated Total Cost (Monthly) $3,990 Life of Project Cost Estimate $79,800 A'►`R V CERTIFICATE OF LIABILITY INSURANCE DATE,MMI°orrYYY) 08/05/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT- If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: CUStnmer Service Team Preferred American Insurance PHONE (E 38) I I yy� I I N $ AncPfe AIC No Ext: P.O. BOX 79498 _ E-MAIL Cush nerservic @preferre america .Com ADDRESS: � 1 l� OVERAGE NAIC Yk R 5 Insurance Company 39993 CoronaAnnee A 287 p.N/ INSURED INSURERS: vele a' evs p A a 1'9 TSG Enterprises, Inc. INSURER C Employers Insurancet Group 10346 dba: The Solis Group INSUF.EP u : Underwri t o of London 1120203 3452 E. Foothill Blvd, Suite 200 INSURER E : Pasadena CA 91107 INSURER F COVERAGES CERTIFICATE NUMBER; 23-25 Update Ren Certs REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE INSD WVD POLICYNUMBER POLICY EFF MMIDDIYYYY POLICY EXP MWDDfYYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000.000 ❑X OCCUR A ENTEO DAMCLAIMS-MADE PREMISES Ea occurcence S 100,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 A Y 6COGL0005702-13 08/20/2023 01/01/2025 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY �X PRO LOC JECT PRODUCTS-COMPIOPAGG $ 2,000,ODO $ OTHER' AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED Y BA-BN613360-24-42-G 08/20/2024 08/2012025 BODILY INJURY(Per accident) $ IAUTOS AUTOS ONLY AUTOS PROPERTY DAMAGE $ HIRED NON -OWNED IX ONLY AUTOS ONLY Per accident Uninsured motorist $ 1,000,000 UMBRELLA LIAR MCLAIMS-MADE OCCUR EACH OCCURRENCE $ 4,000,050 A EXCESS LIAB X34282270 08/20/2023 01/01/2025 AGGREGATE $ 4,000,000 DED I I RETENTION S $ WORKERS COMPENSATION X1 AND EMPLOYERS' LIABILITY YIN SPER TATUTE EORH E.L. EACH ACCIDENT $ 1,ODO,DOO G ANY PROPRIETORIPARTNERIEXECUTIVE � NIA EIG 5133951 01 0110V2024 01/01/2025 OFFICER/MEMBER EXCLUDED. (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE S 1 ,OOD,DOO If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT S 1,000,000 Aggregate Limit: $21000,000 Professional Liability (F&D) D PSM0139735382 0812012023 01/01/2025 Per Occurrence Limit: $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) City of Santa Ana, its officers, employees, agents, volunteers and representatives are named as Additional Insured as required by written contract. City of Santa Ana 20 Civic Center Plaza Santa Ana CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL RF DELIVERED IN ACCORDANCE WITH THE POLICY PROt AUTHORIZED REPRESENTATIVE © 1980-2015 AC } Risk Mlwugetnatt 1}tvision o RwEWED//t tTC &APAROfVMBY.' dY4 Cr f, 44 I®, Risk Management Specialist ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: BA-8N613360-24-42-G TSG ENTERPRISES, INC. THE SOLIS GROUP COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BLANKET ADDITIONAL INSURED B. EMPLOYEE HIRED AUTO C. EMPLOYEES AS INSURED D. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS E. TRAILERS — INCREASED LOAD CAPACITY F. HIRED AUTO PHYSICAL DAMAGE G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT A. BLANKET ADDITIONAL INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who is An Insured provision contained in Section II. B. EMPLOYEE HIRED AUTO The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COV- ERED AUTOS LIABILITY COVERAGE: An "employee" of yours is an "insured" while H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT— INCREASED LIMIT I. WAIVER OF DEDUCTIBLE — GLASS J. PERSONAL PROPERTY K. AIRBAGS L. AUTO LOAN LEASE GAP M. BLANKET WAIVER OF SUBROGATION performing duties related to the conduct of your business. The following replaces Paragraph b. in B.S., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". C. EMPLOYEES AS INSURED operating a covered "auto" hired or rented The following is added to Paragraph A,1„ Who Is under a contract or agreement in an "em- An Insured, of SECTION II — COVERED AUTOS ployee's" name, with your permission, while LIABILITY COVERAGE: o "°—•"�< R1sieManagem�tEDfvislrnt REVIEWED/y& APPRa,'M BY. CA T4 20 02 15 © 2015 The Travelers Indemnity Company. All rights reserved. RLSk Management SpedaGst Includes copyrighted material of Insurance Services Office, Inc. with its permission COMMERCIAL AUTO Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. D. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS 1, The following replaces Paragraph A.2.a.(2) of SECTION II — COVERED AUTOS LIABILITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover, We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4) of SECTION II -- COVERED AUTOS LIABILITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. E. TRAILERS — INCREASED LOAD CAPACITY The following replaces Paragraph C.1. of SEC- TION I — COVERED AUTOS: 1. "Trailers" with a load capacity of 3,000 pounds or less designed primarily for travel on public roads. F. HIRED AUTO PHYSICAL DAMAGE The following is added to Paragraph AA., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Hired Auto Physical Damage Coverage If hired "autos" are covered "autos" for Covered Autos Liability Coverage but not covered "autos" for Physical Damage Coverage, and this policy also provides Physical Damage Coverage for an owned "auto", then the Physical Damage Cover- age is extended to "autos" that you hire, rent or borrow subject to the following: (1) The most we will pay for "loss" to any one "auto" that ou hire rent or borrow is the (2) An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". (3) If a repair or replacement results in better than like kind or quality, we will not pay for the amount of betterment. (4) A deductible equal to the highest Physical Damage deductible applicable to any owned covered "auto". (5) This Coverage Extension does not apply to: (a) Any "auto" that is hired, rented or bor- rowed with a driver; or (b) Any "auto" that is hired, rented or bor- rowed from your "employee". G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The fol€owing replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT— INCREASED LIMIT Paragraph C.1.b. of SECTION III — PHYSICAL DAMAGE COVERAGE is deleted. I. WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. J. PERSONAL PROPERTY The following is added to Paragraph AA., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: y lesser of: Personal Property Coverage (a) $50,000; We will pay up to $400 for "loss" to wearing ap- parel and other personal property which is: (b) The actual cash value of the damaged or (1) Owned by an "insured"; and stolen property as of the time of the (2) In or on your covered "auto". "loss"; or This coverage only applies in the event of a total (c) The cost of repairing or replacing the theft of your covered "auto". damaged or stolen property with other No deductibles apply to Personal Proi)erty cover - property of like kind and quality. age. Risk M:ttugwtent Division c1` I I RWeQED & APPRGV®BY: ' R� �cWrrcfa Page 2 of 3 © 2015 The Travelers indemnity Company. All rights reserved. Risk Management Specialist Includes copyrighted material of Insurance Services Office, Inc. with its permission COMMERCIAL AUTO K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto' is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss". L. AUTO LOAN LEASE GAP The following is added to Paragraph AA., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Auto Loan Lease Gap Coverage for Private Passenger Type Vehicles In the event of a total "loss" to a covered "auto" of the private passenger type shown in the Schedule or Declarations for which Physical Damage Cov- erage is provided, we will pay any unpaid amount due on the lease or loan for such covered "auto" less the following: (1) The amount paid under the Physical Damage Coverage Section of the policy for that "auto"; and (2) Any: (a) Overdue lease or loan payments at the time of the "loss"; (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not returned by the les- sor; (d) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (e) Carry-over balances from previous loans or leases. M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A-5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract exe- cuted prior to any "accident" or "loss", pro- vided that the "accident" or "loss" arises out of the operations contemplated by such con- tract. The waiver applies only to the person or organization designated in such contract. �.s RlekMWWgC ZdDivistan REMFWED & APPROVED BY: CA T4 20 02 15 ©2015 The Travelers Indemnity Company. All rights reserved. Rtsk Management SpedAist Includes copyrighted material of Insurance Services Office, Inc. with its permission 72E MM/DD/YYYY) A�" CERTIFICATE OF LIABILITY INSURANCE /16/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Customer Service Team NAME: Preferred American Insurance A/cNN. Ext: (888)745-0002 (FAX ,No): (888)834-0006 P.O.Box 79498 E-MAIL customerservice@preferredamerican.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# Corona CA 92877 INSURERA: Colony Insurance Company 39993 INSURED INSURER B: Travelers Casualty Insurance Company of America 19046 TSG Enterprises,Inc. INSURER C: Employers Insurance Group 10346 dba:The Solis Group INSURER D: Starr Surplus Lines Insurance Company 13604 3452 E.Foothill Blvd,Suite 200 INSURER E Pasadena CA 91107 INSURER F COVERAGES CERTIFICATE NUMBER: 26-27 Certs REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE FX OCCUR PREM SDAMAGES Ea oNcurDrence $ 100'000 MED EXP(Any one person) $ 5,000 A Y Y 600 GL 0005702-15 01/01/2026 01/01/2027 PERSONAL&ADV INJURY $ 1,000,000 MOTHER LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY PRO ❑ LOC PRODUCTS-COMP/OPAGG $ 2,000,000 JECT: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident X ANYAUTO BODILY INJURY(Per person) $ B OWNED SCHEDULED Y Y BA-8N613360-25-42-G 08/20/2025 08/20/2026 BODILY INJURY(Pe r accide nt) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 A EXCESS LAB CLAIMS-MADE XS4282270 01/01/2026 01/01/2027 AGGREGATE $ 2,000,000 DED I I RETENTION $ $ WORKERS COMPENSATION X STATUTE EORH AND EMPLOYERS'LIABI LI TY YIN 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ C OFFICER/MEMBER EXCLUDED? N/A Y EIG513395103 01/01/2026 01/01/2027 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Professional Liability(E&O) Aggregate Limit: 2,000,000 D TMS1000053261 01/01/2026 01/01/2027 Per Occurrence Limit: 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Santa Ana,its officers,employees,agents,volunteers and representatives are named as Additional Insured as required by written contract. Digitallysigned TU Tran by Tu Tran Nguyen Nguyen 103 04zo8o0? APPROVED By Tu Tran Nguyen at 10:30 am,Dec 2Z 2025 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE Santa Ana CA 92701 �.hr, @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 600 GL 0005702-15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Persons or Organization s : Locations of Covered Operations: ALL PERSONS OR ORGANIZATIONS AS REQUIRED BY As designated in written contract w/named insured. WRITTEN CONTRACT WITH THE NAMED INSURED A. SECTION II — WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. Other Insurance is amended and the following added: The insurance afforded by this Coverage Part for the additional insured shown in the Schedule is primary insurance and we will not seek contribution from any other insurance available to that additional insured. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. U201OP-1209 Includes copyrighted material of ISO Properties, Inc., Page 1 of 1 with its permission. POLICY NUMBER: 600 GL 0005702-15 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations All persons or organizations as required by written As designated in written contract with the Named Insured contract with the Named Insured Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II —Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s)or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III— Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage"caused, in whole or in part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the "products-completed operations 1. Required by the contract or agreement; or hazard". 2. Available under the applicable Limits of However: Insurance shown in the Declarations; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the applicable by law; and Limits of Insurance shown in the Declarations. 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 Policy No. 600 GL 0005702-15 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured.103 This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 600 GL 0005702-15 COMMERCIAL GENERAL LIABILITY CG24531219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) - AUTOMATIC This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery against any person or organization, because of any payment we make under this Coverage Part, to whom the insured has waived its right of recovery in a written contract or agreement. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person or organization prior to loss. CG 24 53 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BLANKET ADDITIONAL INSURED H. AUDIO, VISUAL AND DATA ELECTRONIC B. EMPLOYEE HIRED AUTO EQUIPMENT—INCREASED LIMIT C. EMPLOYEES AS INSURED I. WAIVER OF DEDUCTIBLE—GLASS D. SUPPLEMENTARY PAYMENTS — INCREASED J. PERSONAL PROPERTY LIMITS K. AIRBAGS E. TRAILERS—INCREASED LOAD CAPACITY L. AUTO LOAN LEASE GAP F. HIRED AUTO PHYSICAL DAMAGE M. BLANKET WAIVER OF SUBROGATION G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT A. BLANKET ADDITIONAL INSURED performing duties related to the conduct of The following is added to Paragraph A.1., Who Is your business. An Insured, of SECTION II — COVERED AUTOS 2. The following replaces Paragraph b. in B.S., LIABILITY COVERAGE: Other Insurance, of SECTION IV — BUSI- Any person or organization who is required under NESS AUTO CONDITIONS: a written contract or agreement between you and b. For Hired Auto Physical Damage Cover- that person or organization, that is signed and age, the following are deemed to be cov- executed by you before the "bodily injury" or ered "autos"you own: "property damage" occurs and that is in effect during the policy period, to be named as an addi- (1) Any covered "auto" you lease, hire, tional insured is an "insured" for Covered Autos rent or borrow; and Liability Coverage, but only for damages to which (2) Any covered "auto" hired or rented by this insurance applies and only to the extent that your "employee" under a contract in person or organization qualifies as an "insured" an "employee's" name, with your under the Who Is An Insured provision contained permission, while performing duties in Section II. related to the conduct of your busi- B. EMPLOYEE HIRED AUTO ness. 1. The following is added to Paragraph A.1., However, any "auto" that is leased, hired, Who Is An Insured, of SECTION II — COV- rented or borrowed with a driver is not a covered "auto". ERED AUTOS LIABILITY COVERAGE: An "employee" of yours is an "insured" while C. EMPLOYEES AS INSURED operating a covered "auto" hired or rented The following is added to Paragraph A.1., Who Is under a contract or agreement in an "em- An Insured, of SECTION II —COVERED AUTOS ployee's" name, with your permission, while LIABILITY COVERAGE: CA T4 20 02 15 ©2015 The Travelers Indemnity Company.All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL AUTO Any "employee" of yours is an "insured" while us- (2) An adjustment for depreciation and physical ing a covered "auto"you don't own, hire or borrow condition will be made in determining actual in your business or your personal affairs. cash value in the event of a total "loss". D. SUPPLEMENTARY PAYMENTS — INCREASED (3) If a repair or replacement results in better LIMITS than like kind or quality, we will not pay for the 1. The following replaces Paragraph A.2.a.(2) of amount of betterment. SECTION II — COVERED AUTOS LIABILITY (4) A deductible equal to the highest Physical COVERAGE: Damage deductible applicable to any owned (2) Up to $3,000 for cost of bail bonds (in- covered "auto". cluding bonds for related traffic law viola- (5) This Coverage Extension does not apply to: tions) required because of an "accident" we cover. We do not have to furnish (a) Any "auto" that is hired, rented or bor- rowed with a driver; or these bonds. replaces Paragraph A.2.a.(4) of (b) Any "auto" that is hired, rented or bor- 2. The following prowed from your"employee". SECTION II — COVERED AUTOS LIABILITY COVERAGE: G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT (4) All reasonable expenses incurred by the The following replaces the first sentence in Para- "insured" at our request, including actual graph A.4.a., Transportation Expenses, of loss of earnings up to $500 a day be- cause of time off from work. SECTION III — PHYSICAL DAMAGE COVER- AGE: E. TRAILERS—INCREASED LOAD CAPACITY We will pay up to $50 per day to a maximum of The following replaces Paragraph C.1. of SEC- $1,500 for temporary transportation expense in- TION I —COVERED AUTOS: curred by you because of the total theft of a cov- 1. "Trailers" with a load capacity of 3,000 ered "auto" of the private passenger type. pounds or less designed primarily for travel H. AUDIO, VISUAL AND DATA ELECTRONIC on public roads. EQUIPMENT—INCREASED LIMIT F. HIRED AUTO PHYSICAL DAMAGE Paragraph C.1.b. of SECTION III — PHYSICAL The following is added to Paragraph A.4., Cover- DAMAGE COVERAGE is deleted. age Extensions, of SECTION III — PHYSICAL I. WAIVER OF DEDUCTIBLE—GLASS DAMAGE COVERAGE: The following is added to Paragraph D., Deducti- Hired Auto Physical Damage Coverage ble, of SECTION III — PHYSICAL DAMAGE If hired "autos" are covered "autos" for Covered COVERAGE: Autos Liability Coverage but not covered "autos" No deductible for a covered "auto" will apply to for Physical Damage Coverage, and this policy glass damage if the glass is repaired rather than also provides Physical Damage Coverage for an replaced. owned "auto", then the Physical Damage Cover- J. PERSONAL PROPERTY age is extended to "autos" that you hire, rent or The following is added to Paragraph A.4., Cover- borrow subject to the following: age Extensions, of SECTION III — PHYSICAL (1) The most we will pay for "loss" to any one DAMAGE COVERAGE: "auto" that you hire, rent or borrow is the Personal Property Coverage lesser of: We will pay up to $400 for "loss" to wearing ap- (a) $50,000; parel and other personal property which is: (b) The actual cash value of the damaged or (1) Owned by an "insured"; and stolen property as of the time of the (2) In or on your covered "auto". "loss"; or This coverage only applies in the event of a total (c) The cost of repairing or replacing the theft of your covered "auto". damaged or stolen property with other No deductibles apply to Personal Property cover- property of like kind and quality. age. Page 2 of 3 ©2015 The Travelers Indemnity Company.All rights reserved. CA T4 20 02 15 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL AUTO K. AIRBAGS (2) Any: The following is added to Paragraph B.3., Exclu- (a) Overdue lease or loan payments at the sions, of SECTION III — PHYSICAL DAMAGE time of the "loss"; COVERAGE: Exclusion 3.a. does not apply to "loss" to one or (b) Financial penalties imposed under a pp y lease for excessive use, abnormal wear more airbags in a covered "auto" you own that in- and tear or high mileage; flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but (c) Security deposits not returned by the les- only: sor; a. If that "auto" is a covered "auto" for Compre- (d) Costs for extended warranties, Credit Life hensive Coverage under this policy; Insurance, Health, Accident or Disability b. The airbags are not covered under any war- Insurance purchased with the loan or ranty; and lease; and c. The airbags were not intentionally inflated. (e) Carry-over balances from previous loans or leases. We will pay up to a maximum of $1,000 for any one "loss". M. BLANKET WAIVER OF SUBROGATION L. AUTO LOAN LEASE GAP The following replaces Paragraph A.S., Transfer The following is added to Paragraph AA., Cover- Of Rights Of Recovery Against Others To Us,of SECTION IV — BUSINESS AUTO CONDI- age Extensions, of SECTION III — PHYSICAL TIONS: DAMAGE COVERAGE: Auto Loan Lease Gap Coverage for Private 5. Transfer Of Rights Of Recovery Against Passenger Type Vehicles Others To Us In the event of a total "loss" to a covered "auto" of We waive any right of recovery we may have the private passenger type shown in the Schedule against any person or organization to the ex- or Declarations for which Physical Damage Cov- tent required of you by a written contract exe- erage is provided, we will pay any unpaid amount cuted prior to any "accident" or "loss", pro- due on the lease or loan for such covered "auto" vided that the "accident" or"loss" arises out of less the following: the operations contemplated by such con- (1) The amount paid under the Physical Damage tract. The waiver applies only to the person or Coverage Section of the policy for that "auto"; organization designated in such contract. and CA T4 20 02 15 ©2015 The Travelers Indemnity Company.All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc.with its permission. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description With respect to all employees subject to the workers' compensation laws of the state of California, any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. This policy is subject to a minimum charge of$250 for the issuance of waivers of subrogation This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective 01/01/2026 at 12:01 AM standard time, forms a part of Policy No. EIG 5133951 03 Of the EMPLOYERS PREFERRED INS. CO. Carrier Code 00920 Issued to TSG ENTERPRISES, INC. Endorsement No. Premium $7,490 ' ~'4 5L— s Countersigned at on By: Authorized Representative WC 04 03 06 (Ed. 4-84) ©1998 by the Workers'Compensation Insurance Rating Bureau of California.All rights reserved.