Federal_Labor_Compliance_Officer.pdf

REQUEST FOR PROPOSALS

FEDERAL LABOR COMPLIANCE OFFICER

FOR THE

HOUSING DEPARTMENT

CITY OF PASADENA, CALIFORNIA

Request for Proposals - Federal Labor Compliance Officer Release Date: Thursday, April 23, 2026

Attachments:

A - Master Services Contract B - REQUIRED FORMS - AAs - SIG-LEGAL-STATUS - DECLARATION OF NONCOLUSION 08022024 v2

D - DISQUALIFICATION_DISCLOSURE (4)

E - CONFLICT_OF_INTEREST (5)

F - Pasadena_Taxpayer_Protection_Amendment_Disclosure (2) H - DESIGNATED REPRESENTATIVESdocx

I - RELEVANT EXPERIENCE FORM

1. Introduction

1. Summary

The City of Pasadena Housing Department is seeking proposals from qualified consultants to provide federal labor compliance services for construction projects funded through the U.S.

Department of Housing and Urban Development (HUD), including the Community Development Block Grant (CDBG) & Home Investment Partnership (HOME) programs.

The consultant will support the City throughout all phases of project implementation, including pre-construction, construction monitoring, and project close-out. Responsibilities will include reviewing bid documents, verifying wage determinations, conducting contractor compliance monitoring, reviewing certified payroll records, performing worker interviews, and ensuring proper documentation and reporting in accordance with federal regulations.

Through this procurement, the City seeks to engage an experienced labor compliance professional or firm with demonstrated expertise in administering federal labor standards requirements for municipal construction projects. The selected consultant will work closely with Housing Department staff, contractors, and project managers to help ensure projects remain compliant and that federal funds are administered effectively and in accordance with HUD requirements.

2. Background

The City of Pasadena is an ethnically diverse community that is home to approximately 142,017 people. Pasadena is the ninth-largest city in Los Angeles County. It is one of the primary cultural centers of the San Gabriel Valley. The City covers approximately 22.5 square miles, with an average of ten residents per acre. The median age of its residents is approximately 36.9 years.

There are over 100,000 jobs in a wide variety of industries in the City of Pasadena.

The City of Pasadena Housing Department administers federally funded housing and community development programs that support neighborhood improvements, public infrastructure, and affordable housing initiatives throughout the City. These programs are funded in part by the U.S.

Department of Housing and Urban Development (HUD) entitlements including the Community Development Block Grant (CDBG) Program and Home Investment Partnership (HOME) Program.

Entitlement funds are used for a variety of projects including public facility improvements, infrastructure projects, and housing affordability projects. Construction activities funded in whole or in part with federal funds are subject to federal labor standards requirements.

Federal regulations require compliance with the Davis-Bacon and Related Acts, Section 3 of the Housing and Urban Development Act of 1968, Build America Buy America (BABA) and other applicable federal labor and reporting requirements. These regulations require contractors and subcontractors to pay prevailing wages, submit certified payroll records, and comply with federal labor standards monitoring and documentation requirements.

To ensure compliance with these requirements, the City seeks to retain a qualified consultant to provide labor compliance services for federally funded construction projects administered by the Housing Department.

3. Contact Information

Deadline for Questions

The deadline to submit questions related to this solicitation is Monday, May 4, 2026, prior to 12:00 pm.

Questions regarding this solicitation should be submitted directly through the City's eProcurement Portal Q&A function. Do not contact any City employee or official regarding this solicitation. Any questions submitted after the date and time specified may not be considered.

Randy Mabson Program Coordinator Email: rmabson@cityofpasadena.net Phone: (626) 744-8321 Department:

Housing Department

4. Timeline

Release Project Date April 23, 2026

Question Submission Deadline May 4, 2026, 12:00pm

Proposal Submission Deadline May 8, 2026, 3:00pm mailto:rmabson@cityofpasadena.net tel:(626)744-8321

2. General Instructions

1. NOTICE REGARDING DISCLOSURE OF CONTENTS OF DOCUMENT

All responses to this Request for Proposal (RFP) accepted by the City of Pasadena (City) shall become the exclusive property of the City. At such time as the City Manager recommends a contractor to the City Council, and such recommendation, with any recommended contract appears on the Council agenda, all proposals accepted by the City shall become a matter of public record and shall be regarded as public, with the exception of those elements of each proposal which are defined by the contractor as business or trade secrets and plainly marked as "Trade Secret", "Confidential" or "Proprietary". Each element of a proposal which a contractor desires not to be considered a public record must be clearly marked as set forth above, and any blanket statement (i.e. regarding entire pages, documents or other non-specific designations) shall not be sufficient and shall not bind the City in any way whatsoever. If disclosure is required or permitted under the California Public Records Act or otherwise by law, the City shall not in any way be liable or responsible for the disclosure of any such records or part thereof.

2. Funding Source

This procurement is funded by U.S. Department of Housing and Urban Development. Vendors must submit all required documents with their proposal.

3. Electronic Submission and Delivery Instructions

Parties interested in responding are required to submit proposals electronically through the City of Pasadena's eProcurement Portal no later than 3:00 pm on Friday, May 8, 2026. Please upload sufficiently early electronically through the city's eProcurement Portal before the time and day listed in the Notice Inviting Proposals. Proposals must be received in the system prior to the deadline.

The entire proposal must be formatted on standard-size 8½”x11” pages; 12 point font only. The "Technical Proposal," "Additional Data," and "Statement of Qualifications" can be no more than 50 grand total pages.

The Price Proposal must include all costs associated with the Technical Proposal as described in the Price Proposal instructions in the “#Proposer's Submittals/Checklist.”

The Technical Proposal should disclose your technical approach in as much detail as possible, including, but not limited to, the requirements of the technical proposal instructions. Along with all required forms and submittals (See #Attachments, and #Proposer's Submittals/Checklist. No Pricing shall be included in this part.

Proposals received after the Proposal Deadline may not be accepted by the City.

4. Technical Proposal https://procurement.opengov.com/portal/pasadena https://procurement.opengov.com/portal/pasadena/projects/249451/document?section=2384526 https://procurement.opengov.com/portal/pasadena/projects/249451/document?section=2384536 https://procurement.opengov.com/portal/pasadena/projects/249451/document?section=2384526

The proposal must be prepared in two parts: a "Technical Proposal" and a "Price Proposal." Each of the parts shall be separate and complete in itself so evaluation of one may be accomplished separate from the evaluation of the other. The Technical Proposal should disclose your technical approach in as much detail as possible, including, but not limited to, the requirements of the technical proposal instructions. Along with all required forms and submittals (See #Attachments, and Submittals/Checklist. No Pricing shall be included in this part.

5. Separate Price Proposal

The Price Proposal must include all costs associated with the Technical Proposal as described in the Price Proposal instructions in the “Submittals/Checklist.”

Parties interested in responding are required to submit their Price Proposal with their Technical proposal through the City's eProcurement Portal.

The pricing must include the total price proposed to accomplish all the performance and deliverables requested in this RFP, and offered by your firm. Each Proposer must submit a Price Proposal containing all costs associated with the technical proposal. The price proposal shall describe both the total and the detailed price for which the consultant will commit to complete the total scope of work and end products. The price proposal detail shall describe costs for each professional’s time, for the completion of each proposed task, and for all materials and supplies.

The fee information is relevant to a determination of whether the fee is fair and reasonable in light of the services to be provided. Costs shall include the proposed costs and, if necessary, the approximate number of hours to provide the services as described in your proposal. Any additional fees outside the scope of the agreement must be approved in writing before commencing services for said fees. Vendor’s RFP response must be inclusive of all costs and expenses associated with travel, lodging, and any other incidental costs. The City will not separately reimburse costs not included in the proposal.

Reference PRICE PROPOSAL.

Reimbursable cost schedules shall depict only those expenditures that are exclusive to and in support of the scope of services. The proposed reimbursable cost schedule shall include a detailed list of reimbursables.

Each Proposer must submit a PRICE Proposal containing all costs associated with the technical proposal. Using the attached Price Proposal in this RFP, provide Proposer’s lump-sum price for performing all services and work called for in the SCOPE OF WORK. The Proposer’s lump-sum price shall include, without limitation:

• all designs, equipment, materials, labor, insurance and bond premiums, home office, jobsite, and other overhead, profit and services relating to the Proposer’s performance of its obligations under the Contract (including all work, equipment, materials, labor, and services provided by subcontractors and intellectual property rights necessary to perform the work);

performance of each and every portion of the work https://procurement.opengov.com/portal/pasadena/projects/249451/document?section=undefined https://procurement.opengov.com/portal/pasadena/projects/249451/document?section=undefined

• all costs of obtaining Government approvals other than Government approvals that are the responsibility of the City of Pasadena;

• all costs of compliance with Government rules, except to the extent such compliance is the responsibility of the City of Pasadena;

• all taxes, duties, permits, and other fees or royalties incident to the performance of the

SCOPE OF WORK;

payment of all salaries, wages, benefits, and expenses of the Proposer’s employees;

compensation for all risks, liabilities, and contingencies assigned to the Proposer; and

• all other costs needed or incurred to complete the Project.

• all ProForma Submission Requirements (if required)

6. Pre-Proposal Meeting

See the "Timeline" in the Introduction section (#Introduction). If there is a Mandatory pre-proposal meeting, bidders/proposers are required to attend at the time, date, and location included in the Timeline. If there is a Non-Mandatory pre-proposal meeting, bidders/proposers are not required to attend.

Each bidder/proposer will have the opportunity to clarify and ask questions regarding the Specifications. The Pre-Proposal Meeting will be held at the time, date, and location in the Timeline of this solicitation.

7. Definitions

The words (A) "City", (B) "Department", (C) "Director", or (D) "Contractor", as used in this RFP, shall be understood to refer respectively to (A) the City of Pasadena, California; (B) the several departments therein; (C) the directors of the several City departments; or any of their properly authorized assistants; and ( D) the person, firm or corporation with whom the contract is made by said City or the agent or legal representative who may be appointed to represent such person, firm or corporation in the signing and performance of said contract.

https://procurement.opengov.com/portal/pasadena/projects/249451/document?section=2384527

3. General Requirements

1. Standard terms and conditions

Prior to the award of any work hereunder, City and contractor shall enter into a written contract in substantially the form attached hereto with such revisions thereto as the City may determine necessary and appropriate. PROPOSERS responding to this RFP are strongly advised to review all the terms and conditions of the contract, and shall be deemed to have accepted them.

2. Firm commitment of availability of service

Once a proposal is opened, a PROPOSER is expected to maintain an availability of service as set forth in its proposal for at least four months after date for opening proposals.

3. RELEVANT EXPERIENCE

Proposers must demonstrate experience and qualifications in providing federal labor compliance services for federally funded construction projects, particularly those funded by the U.S.

Department of Housing and Urban Development (HUD). At a minimum, proposers shall demonstrate the following:

1. Federal Labor Standards Experience (required)

• A minimum of three (3) years of experience providing labor compliance services for federally funded construction projects.

• Demonstrated experience administering and monitoring compliance with:

o Davis-Bacon and Related Acts (DBRA) o Certified payroll review and enforcement o Contractor compliance monitoring and enforcement actions

2. HUD Program Experience (required)

• Experience providing labor compliance services for HUD-funded programs, including but not limited to:

o Community Development Block Grant (CDBG) o HOME Investment Partnerships Program o Other HUD-funded capital or housing program

3. Section 3 Compliance Experience (Required)

• Demonstrated experience implementing and monitoring Section 3 requirements in accordance with 24 CFR Part 75, including:

o Tracking labor hours for Section 3 workers and Targeted Section 3 workers o Assisting agencies in meeting Section 3 benchmarks o Reviewing contractor compliance and documentation o Preparing Section 3 reports

4. Build America, Buy America (BABA) Experience (Preferred)

• Experience reviewing and monitoring compliance with Build America, Buy America (BABA) requirements, including:

o Review of domestic sourcing documentation o Contractor compliance verification o Familiarity with federal procurement and material certification requirements

5. Public Agency Experience (Required)

• Experience working with local government agencies, housing departments, or public agencies administering federally funded construction projects.

• Demonstrated ability to coordinate with multiple stakeholders, including City staff, contractors, and subcontractors.

6. Key Personnel Qualifications

• Identification of the primary staff person who will perform the majority of the work.

• Description of their:

o Relevant experience o Certifications or training (if applicable) o Years of experience in labor compliance

7. Past Performance

• Provide at least three (3) references for similar work performed within the last five (5) years.

• Include:

o Agency name o Contact person o Description of services provided

8. Experience with HUD monitoring reviews, audits, or resolving labor compliance findings is highly desirable.

4. Reservations

The City reserves the right to reject any or all bids or proposals and any item or items therein, and to waive any non conformity of proposals with this RFP, whether of a technical or substantive nature, as the interest of the City may require.

5. Documents to be construed together

The Request for Proposal (RFP), the Proposal, the Non Collusion Affidavit, and all documents referred to in the complete specifications and the Contract to be entered into between the Contractor and the City, and all modifications of said documents, shall be construed together.

6. Patent fees; patent, copyright, trade secret and trademark fees

Each PROPOSER shall include in the price bid any patent fees, royalties and charges on any patented article or process to be furnished or used in the prosecution of the Work.

7. PUBLIC CONTRACT CODE SEC. 9204 NEW PUBLIC WORKS CLAIMS PROCEDURE

Observe attached details regarding Public Contract Code Section 9204. AB 626, approved by the Governor on September 29, 2016, created a new Public Contract Code Section 9204, which specifies new procedural requirements for claims submitted by a contractor on any public works project. These new requirements contain burdens for both private contractors and public entities and are specifically made applicable to charter cities.

8. Request for Proposal (RFP) quantities:

The quantities contained in the RFP documents are approximate only and are for the sole purpose of comparing proposals. The City may, in accordance with the specifications, request additional services as necessary at the City's sole discretion, as increased by the unit price noted and payment will be made for the amount of services actually provided as determined by the City and accepted at the unit prices noted in the proposal.

9. Price Adjustment Clause

At the conclusion of the first contract year and prior to the commencement of the second contract year or any subsequent contract extension period, the contractor may request unit price increases. Under no circumstances shall the City accept price increases, which exceed the rate of the then current Consumer Price Index (C.P.I.) "All items in Los Angeles-Long Beach- Anaheim, CA, all urban consumers, not seasonally adjusted" for the latest available preceding 12 month period. The percentage increase shall be a 12 month percentage increase for the first month of the subsequent contract year(s).

10. CHANGE ORDER MANAGEMENT

CHANGE ORDER MANAGEMENT Any additional work identified during the course of the project that is deemed necessary, but outside the original Scope of Services, must be recorded as a Change Order and approved by the City Project Manager in writing before work is started.

11. Taxpayer Protection Act

Under the provisions of the City of Pasadena Taxpayer Protection Act ("TPA"), the Contractor/Organization will be considered a "recipient of a public benefit." The full provisions of the TPA are set forth in Pasadena City Charter, Article XVII. Under the TPA, City public officials who approve this Contract are prohibited from receiving specified gifts, campaign contributions or employment from Contractor for a specified time. As well, if this Contract is to be approved by the City Council, Councilmembers or candidates for Council are prohibited from receiving campaign contributions during the time this Contract is being negotiated (from the due date for an RFP response until award of a contract; this restriction does not apply to competitive and noticed low bid contracts). This prohibition extends to individuals and entities that are specified in the TPA and includes Contractor/Organization and its trustees, directors, partners, corporate officers and those with more than a 10% equity, participation, or revenue interest in Contractor/Organization. Contractor/Organization understands and agrees that: (A) Contractor/Organization is aware of the TPA; (B) Contractor/Organization will complete the forms provided by the City to identify all of the recipients of a public benefit specified in the TPA;

and (C) Contractor/Organization will not make any prohibited gift, campaign contribution or offer of employment to any public official who negotiated and/or approved this Contract, and will not make any prohibited campaign contribution during the time this contract is being negotiated. The Contractor shall submit a copy of the completed TPA form to the City Clerk’s Office if the contract is to be awarded by the City Council via e-mail: OfficialRecords- CityClerk@Cityofpasadena.net or by fax: (626) 744-3921, and submit a copy with the response package. For more information please go to: https://www.cityofpasadena.net/city-clerk/disclosure-reportsax-payer-protection-act-tpa/

12. CONFLICT OF INTEREST STATEMENT ** REVIEW

The proposing Consultant shall disclose any financial, business or other relationship with the City of Pasadena that may have an impact upon the outcome of the contract or any construction project. The Consultant shall also list current clients who may have a financial interest in the outcome of this contract or the construction project that will follow. The proposing Consultant shall disclose any financial interest or relationship with any construction company that might submit a bid on the construction project related to this solicitation. Proposers must complete and submit the following Form: Conflict of Interest Statement

13. Compliance with the Levine Act (Government Code Section 84308)

The Levine Act precludes an officer of a local government agency, including an elected official, from participating in the award of a contract if he or she receives any political contributions totaling more than $500 in the 12 months preceding the pendency of the contract award, and for 12 months following the final decision, from the person or company awarded the contract.

Proposers should ensure their employees, agents, and consultants are aware of the requirements of the Levine Act before the proposal is submitted, so as to avoid inadvertent violations.

14. Payment of Subcontractors, Suppliers, and Workers

The Prime Contractor shall be solely responsible for the payment of all subcontractors, suppliers, laborers, and any other persons or entities employed in connection with the performance of this Contract.

The City shall have no obligation to pay, or to ensure the payment of, any subcontractors, suppliers, or workers directly. The Prime Contractor shall ensure timely and full payment in accordance with all applicable laws, including but not limited to California Public Contract Code §§ 10262 and 10262.5 and Labor Code § 218.7.

Failure to comply with this requirement may result in the withholding of payments, imposition of penalties, and/or other remedies available under the Contract and applicable law.

The Prime Contractor shall also include in all subcontracts a provision requiring subcontractors to pay their lower-tier subcontractors and suppliers in a timely manner consistent with this section.

4. City Requirements

There are forms included in the section named Submittal/Checklist of these specifications which a bidder or proposer must complete to establish compliance with a number of City Requirements, including, but not limited to, equal employment opportunity and affidavit of non-collusion. These forms and their instructions should be considered an integral part of the specifications and failure to complete them may be grounds, in the sole discretion of the city, for rejection of any bidder or proposer.

1. Pasadena Operating Companies

If this solicitation is issued by an Operating Company of the City of Pasadena including the Pasadena Center Operating Company; or Rose Bowl Operating Company; or Pasadena Community Access Corporation: In this solicitation, any reference to the City, shall actually refer to the PCOC, PRHB, or RBOC, or PCAC, e.g. "City" shall refer to the Operating Company, "City Council" to its Board of Directors, and "City Manager" to its Chief Executive Officer.

2. Equal Employment Opportunity in Contracting

Policy - The City of Pasadena is committed to a policy of Equal Employment:

• Contracting. Contractors expressly agree to comply with the City’s ordinances and regulations regarding Equal Opportunity Employment as well as regulations that may be mandated by the source of the funds supporting this contract.

Compliance – To the extent permitted by law, Contractor expressly agrees to establish compliance with the Equal Employment Opportunity Practices Provisions of Chapter 4.08 of the Pasadena Municipal Code, and the Rules and Regulations adopted pursuant to said ordinance.

The successful bidder or proposer may be required to submit documentation during the term of the contract to evidence on going compliance with the City’s Equal Opportunity Practices Provisions. Such documentation may include, but not be limited to certified payroll records and Current Permanent Workforce Utilization reports.

Required Forms – Each bidder or proposer must submit a completed Form AA-1. Failure to submit this form will result in automatic disqualification with no exceptions unless bidder or proposer has an approved Form on file with the City.

Questions regarding Chapter 4.08 of the Pasadena Municipal Code and regulations adopted pursuant thereto should be directed to the Department of Finance, Purchasing Division 626.744.6755.

3. Declaration of Non-Collusion by Contractor

This form is only applied for formal solicitations $75,000 or more. The City requires that each bidder or proposer executes and submits to the City with the Bid/Proposal, the attached Declaration of Non Collusion in the section named "Submittals/Checklist."

4. SAMPLE CONTRACT

A sample of the contract the successful vendor will be required to enter into with the City is attached hereto and by this reference incorporated herein and made part of this solicitation.

5. CHANGE ORDER MANAGEMENT

Any additional work identified during the course of the project that is deemed necessary, but outside the original Scope of Services, must be recorded as a Change Order and approved by the City in writing before work is started.

6. Local Preferences

The City of Pasadena is committed to promoting the economic health and well being of its residents. To this end, contractor agrees to recruit Pasadena residents initially and to give them preference, if all other factors are equal, for any new positions that result from the performance of this contract and which are performed within the City.

7. Pasadena Business License

Awarded bidder or proposer may be required to obtain and pay for any required business license under Title 5 of the Pasadena Municipal Code.

• If the business will not come into the City for the purpose of providing services for this contract they are not required to obtain a business license.

• If the business will only be coming into the city no more than 10 times to work on projects, they are charged 33% of the annual tax (Pasadena Municipal Code Section 5.04.130C)

• If they come into the City more than 10 times they are required to pay the annual fee.

• Any subcontractors used by the awarded bidder or proposer will be required to obtain a license if they will be coming into the City to perform services.

For further information contact Municipal Services Department at (626) 744-4166, Monday- Friday between 7:15 am and 5:15 pm. Additional Information regarding business license fees can be found here: https://www.cityofpasadena.net/finance/licenses/business-licenses/

8. Invoice Submission Portal

Invoice Submission Portal https://www.cityofpasadena.net/finance/licenses/business-licenses/

The invoice submission process is activated when an invoice is submitted through the Vendor Invoice Portal. Invoices submitted are automatically sent to the department being invoiced for review. Once the city department verifies its accuracy, the department will submit the invoice to Accounts Payable for payment processing. One final review and approval by the department who was invoiced is needed in order for a check to be issued. Checks are issued on Tuesday and Thursday.

How to submit invoices to the City of Pasadena?

Create an account: Visit the City’s Invoice Submission website:

https://invoice.cityofpasadena.net/ and select “Create Account”

Refer to the "Invoice Submission Portal - Vendor User Guide" for detailed instructions.

9. Acceptance of Conditions

By submitting a bid or proposal, each bidder or proposer expressly agrees to and accepts the following conditions:

• All parts of the Instructions to bidder or proposer and Specifications will become part of the Contract between the selected bidder or proposer and the City;

• The City may require whatever evidence is deemed necessary relative to the bidder or proposer financial stability and ability to complete this project;

• The City reserves the right to request further information from the bidder or proposer, either in writing or orally, to establish any stated qualifications;

• The City reserves the right to solely judge the bidder or proposer representations, and to solely determine whether the bidder or proposer is qualified to undertake the project pursuant to the criteria set forth herein. The bidder or proposer, by submitting a bid, expressly acknowledges and agrees that the judgment of the City as to whether or not the bidder or proposer is qualified to perform the project, shall be final, binding and conclusive;

• The City reserves the right to reject all bids, waive any irregularity in any of the bids, or cancel or delay the project at any time;

• This bidding process does not commit the City to award any contract, and the City is not liable for any costs incurred by the bidder or proposer in the preparation and submission of a bid.

10. Pasadena Business

Local Business is defined in the Pasadena Municipal Code section:

4.08.020, O: "Local business" means a business with a fixed place of business located in the city.

To receive any preferences offered to a Pasadena business in this solicitation, a Pasadena business must be located within the City Boundary by the release date of this solicitation.

https://invoice.cityofpasadena.net/PortalGuide.pdf

11. Pasadena Living Wage Ordinance

If this purchase includes a service, and the contract total is at $25,000 or more, it is then subject to the City of Pasadena's Living Wage Ordinance, Pasadena Municipal Code Chapter 4.11. The ordinance requires that contractors providing labor or services to the City under contracts in excess of $25,000 pay no less than the City’s Living Wage to all employees who spend any of their time providing labor or delivering services to the City.

The selected contractor will be required to evidence compliance with the Living Wage Ordinance by submitting payroll records as requested by the City. Each record shall include the full name of each employee performing labor or providing services under the contract; job classification; rate of pay and benefit rate.

Failure to comply with the provisions of the Pasadena Living Wage Ordinance is grounds for termination of the contract and a basis for penalties as stated in Pasadena Municipal Code Chapter 4.11. Questions concerning the Pasadena Living Wage Ordinance should be directed to:

Finance Department Purchasing Division 626-744-6755 - phone 626-744-6757 – fax

Please visit https://ww5.cityofpasadena.net/finance/doing-business-with-the-city/ for the current calendar year Pasadena Living Wage rate.

12. PAYMENT OF A CITY-WIDE MINIMUM WAGE

If a vendor is providing labor for any subsequent contract resulting from this solicitation, they must comply with the City of Pasadena Minimum Wage as set forth in Chapter 5.02 of the Pasadena Municipal Code. Vendors are encouraged to review the City’s minimum wage information guide at (https://bit.ly/3o3SHMh). The minimum wage ordinance may be found at Pasadena Municipal Code.

13. Errors and Omissions

Bidders or Proposers shall not be allowed to take advantage of any errors or omissions in the Instructions to Bidders/General Instructions or Specifications/Scope of Work. Full instructions will be given if such error or omission is discovered and timely called to the attention of the City.

14. Patent Fees; Patent, Copyright, Trade Secret, and Trademark Fees

Each bidder or proposer shall include in the price bid any patent fees, royalties and charges on any patented article or process to be furnished or used in the prosecution of the Work.

15. Taxes

Price bid or Price Proposals shall include all federal, state, local and other taxes.

https://ww5.cityofpasadena.net/finance/doing-business-with-the-city/ https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fbit.ly%2F3o3SHMh&data=05%7C02%7Cawatson%40cityofpasadena.net%7Cbb892f95fde0404d371508dc9bbbf790%7C82d9fc002c664402a28fc6bcdc32e491%7C1%7C0%7C638556478819490734%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=zhx6795nsAtQnJvmzYHL5q2Lzw%2FdOCl95da3qPj4Duw%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Flibrary.municode.com%2Fca%2Fpasadena%2Fcodes%2Fcode_of_ordinances%3FnodeId%3DTIT5BULIRE_ARTIGE_CH5.02PACIDEMIWA&data=05%7C02%7Cawatson%40cityofpasadena.net%7Cbb892f95fde0404d371508dc9bbbf790%7C82d9fc002c664402a28fc6bcdc32e491%7C1%7C0%7C638556478819500215%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=AX1DEPBi2FxNNRsdiRGGB1whWvtl2jG%2FQ7SO5QsB%2Fac%3D&reserved=0

16. Certificate of Insurance

Proof of insurance is not required to be submitted with your bid/proposal, but will be required prior to the City's award of the contract. Refer to the Insurance requirements in the "Insurance Requirements" section of this document.

17. REQUEST FOR TAXPAYER IDENTIFICATION NUMBER AND CERTIFICATION (IRS Form W-9)

The winning proposal/bid may be required to submit a completed and signed IRS Form W-9.

Failure to submit this form may result in the response being deemed non-responsive.

Link: https://www.irs.gov/pub/irs-pdf/fw9.pdf

18. LIMITATIONS ON LIABILITY

Bidders acknowledge that they shall provide the goods and/or services without monetary limitations on liability. If Bidders take exception to this requirement, Bidders shall expressly state any exceptions, including the proposed limits of liability, (a) in detail; (b) as a separate line item;

and (c) not part of any form documents submitted. Bidders acknowledge that any exceptions may result in a finding of non-responsiveness.

19. Recycled Product Procurement Mandates Pertaining to Local Governments [Public Contract Code Sections 22150 - 22154]

This section is only applied when buying paper products.

Beginning January 1, 2022, SB 1383 requires jurisdictions (cities, counties, cities and counties, or special districts that provide solid waste collection services) to purchase recycled-content paper products that are recyclable.

SB 1383 builds upon existing laws that require jurisdictions to purchase products that contain minimum recycled content, and adds additional requirements on product recyclability and recordkeeping.

All vendors providing Paper Products and Printing and Writing Paper shall:

• Provide products that contain no less than 30% minimum recycled content and recyclability (described in further detail in State of California, Public Contract Code Sections 22150-22154, under the sections “Recycled-Content Requirements” and “Recyclability Requirements”.

• Provide a written certification and other verification from product vendors, as applicable, certifying that the products meet the recycled-content and recyclability requirements.

20. AVAILABILITY OF FUNDS

https://www.irs.gov/pub/irs-pdf/fw9.pdf https://www.irs.gov/pub/irs-pdf/fw9.pdf https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fleginfo.legislature.ca.gov%2Ffaces%2Fcodes_displayText.xhtml%3FlawCode%3DPCC%26division%3D2.%26title%3D%26part%3D3.%26chapter%3D3.5.%26article%3D&data=05%7C01%7Cawatson%40cityofpasadena.net%7C307f17457fcb49d363c108dbba309d38%7C82d9fc002c664402a28fc6bcdc32e491%7C1%7C0%7C638308490511442074%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=kSzPLWUdh6HYJTjfSaMqzITXO6TDf1tcUTo%2BcAV5SJw%3D&reserved=0

The provisions of this Contract relating to payment for products or services shall become effective when funds assigned for the purpose of compensating the Contractor as herein provided are actually available to for disbursement. The City shall be the sole judge and authority in determining the availability of funds under this Contract. If any action is taken by the City, any state agency, Federal department or any other agency to suspend, decrease, or terminate its fiscal obligations under, or in connection with, this Contract, the City may amend, suspend, decrease, or terminate its obligations under, or in connection with, this Contract. In the event of termination, The City shall be liable for payment only for products provided or services rendered prior to the effective date of the termination, provided that such products or services were provided or performed in accordance with the provisions of this Contract.

21. Addenda

If any person contemplating submitting a proposal of the items or services listed herein is in doubt as to the true meaning of any part of this RFP, he/she may submit a question through the City's eProcurement Portal Q&A section for an interpretation or correction thereof.

Any interpretation or correction of City specifications will be made only by addendum, duly issued by the City representative(s) identified in this solicitation, above. Addenda (if any) shall be made available on the City's eProcurement system, and sent to each vendor included on the "Followers" list in the City's eProcurement system. A vendor's failure to address the requirements of any and all addenda may result in the response (proposal or bid, or alike) not being considered. If the City determines that a time extension is required for the proposal, the City will issue an addendum that will give the new submission date. The vendor is responsible to register on the City's eProcurement Portal and follow the project named Federal Labor Compliance Officer in order to be included in the "Followers" list in the City's eProcurement system to insure they receive all documents including addendums which are available as a download.

The City reserves the right to change any part of these Instructions to PROPOSERS and Specifications any time prior to Deadline for Submissions. Any changes shall be in the form of addenda and will become a part of the Proposal documents and of the contract.

22. Accessibility Compliance Requirements

1. General Compliance

In accordance with Title II of the Americans with Disabilities Act of 1990 (ADA), Section 504 of the Rehabilitation Act of 1973, and all other applicable federal, state, and local disability rights laws, including the California Building Code (CBC) and California Code of Regulations Title 24, the City of Pasadena requires that all services, programs, activities, and facilities provided or utilized under this contract be fully accessible to individuals with disabilities.

The selected Contractor agrees to ensure that all work performed, and all services, programs, or activities provided under this contract comply with the requirements of Title II of the ADA and related laws. This includes, but is not limited to design, construction, communication, technology, and program delivery compliance with:

• The ADA and its implementing regulations (28 CFR Part 35 and Part 36);

• The 2010 ADA Standards for Accessible Design;

• The U.S. Access Board’s Public Rights-of-Way Accessibility Guidelines (PROWAG), as amended;

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

• Section 504 of the Rehabilitation Act of 1973;

• California Government Code § 4450 et seq.;

• California Code of Regulations (CCR), Title 24, including Chapter 11B of the California Building;

Code governing accessibility to public accommodations and commercial facilities;

• Any other relevant federal, state, or local regulations concerning accessibility and nondiscrimination.

These requirements apply to all aspects of the Contractor’s work, including but not limited to project or program design, facility access, pedestrian pathways, public right-of-way improvements, communications, and digital content or services.

2. Applicability of Accessibility Requirements

Accessibility compliance requirements apply when scope of work includes:

• Digital deliverables (i.e. websites, web applications, mobile applications, electronic documents, multimedia content)

• Physical infrastructure (i.e public facilities, pedestrian pathways, rights-of-way, shared use paths)

• Communication and program delivery (i.e. public meetings, outreach materials, surveys, customer service and payment platforms)

• Technology procurement or development (software, hardware, ICT systems)

If any portion of the work involves these elements, the Contractor must ensure full compliance with applicable accessibility standards.

3. Digital and Electronic Content

For all digital deliverables (including websites, documents, and applications), the Contractor shall ensure conformance with, at minimum:

• Web Content Accessibility Guidelines (WCAG) 2.1, Level AA, as amended[GS1] ; and

• Section 508 of the Rehabilitation Ace (29 U.S.C. § 794d), where applicable.

All digital materials must undergo both automated and manual accessibility testing, including usability reviews by individuals representing a wide range of functional disability types (e.g., visual, auditory, cognitive, motor), and, if required, remediated prior to final acceptance. Testing must include compatibility with commonly used assistive technologies (e.g., JAWS, NVDA, VoiceOver, ZoomText, Dragon NaturallySpeaking). The Contractor must provide documentation such as Voluntary Product Accessibility Template (VPAT) or equivalent Accessibility Conformance Report (ACR), detailing compliance and describing the testing methodology.

4. Public Rights-of-Way Accessibility (PROWAG)

Any design, construction, or alteration involving pedestrian facilities, sidewalks, curb ramps, crosswalks, or public rights-of-way must conform to the latest applicable version of the U.S. Access Board’s Public Rights-of-Way Accessibility Guidelines (PROWAG), as adopted by the U.S. Department of Justice, Department of Transportation, or other relevant authority.

5. Corrective Action and Liability

The Contractor shall be held responsible for correcting any noncompliant work or deliverables identified by the City of Pasadena or any enforcement agency, at no additional cost. The City of Pasadena reserves the right to withhold payment, suspend work, or terminate the contract for failure to meet accessibility requirements.

The Contractor shall indemnify and hold harmless the City of Pasadena, its officers, agents, and employees from any claims, damages, or liabilities arising from noncompliance with applicable accessibility laws or guidelines.

6. Certification of Compliance

By submitting a proposal, the Contractor certifies that it has reviewed and will comply fully with all applicable federal, state, and local accessibility laws, including the ADA, CBC, Title 24, and PROWAG, and will ensure that all subcontractors do the same.

5. Insurance Requirements

1. Insurance Requirements https://www.cityofpasadena.net/finance/wp-content/uploads/sites/27/Professional- Services.pdf?v=1623280176766 https://www.cityofpasadena.net/finance/wp-content/uploads/sites/27/Professional-Services.pdf?v=1623280176766 https://www.cityofpasadena.net/finance/wp-content/uploads/sites/27/Professional-Services.pdf?v=1623280176766

6. Scope of Work

1. Scope of Work

The City of Pasadena Housing Department is seeking proposals from qualified consultants to provide federal labor compliance services for federally funded construction projects.

The following scope of work outlines the general services required. Proposers shall describe in their Technical Proposal their approach, methodology, and work plan for delivering the services described below. Proposers are encouraged to identify best practices, tools, and strategies they will use to ensure compliance with applicable federal requirements.

Services shall include compliance with, but are not limited to:

• Davis-Bacon and Related Acts

• Section 3 (24 CFR Part 75)

• Build America, Buy America (BABA)

The City reserves the right to modify the scope of services based on the selected proposal and final negotiated agreement.

1. Davis-Bacon and Federal Labor Standards Compliance

The consultant shall assist the City in administering and monitoring compliance with federal labor standards requirements applicable to federally funded construction projects.

Pre-Construction Responsibilities

The consultant shall:

• Review bid packages and construction contract documents to ensure inclusion of all required federal labor standards provisions. Proposers shall describe their process for document review and quality control.

• Verify that the appropriate Davis-Bacon wage determination is included in the bid documents and remains current prior to bid opening. Proposers shall describe how they ensure wage determinations are accurate and up to date.

• Assist the City in evaluating contractor eligibility and responsibility, including verification through the System for Award Management (SAM).

• Participate in pre-bid & pre-construction meetings and provide training to contractors and subcontractors regarding federal labor standards requirements. Proposers shall describe their approach to contractor training and communication.

• Provide contractors with required labor standards compliance forms and reporting guidance.

Construction Phase Monitoring

The consultant shall:

• Establish and maintain labor standards compliance files for each project. Proposers shall describe their file management and documentation practices.

• Review weekly certified payroll reports submitted by contractors and subcontractors.

Proposers shall describe their methodology for payroll review and discrepancy identification.

• Verify proper worker classifications and wage rates in accordance with applicable wage determinations.

• Conduct periodic on-site employee interviews to verify payroll accuracy. Proposers shall describe their approach to conducting and documenting interviews.

• Monitor job sites to ensure required federal labor standards posters are displayed.

• Identify payroll discrepancies, underpayments, and classification issues, and assist in resolution.

Project Close-Out

The consultant shall:

• Review final certified payroll reports and verify resolution of any labor compliance issues.

• Verify that any labor standards violations have been corrected.

• Ensure all required labor compliance documentation is complete.

• Provide final documentation necessary for project close-out.

2. Section 3 Compliance Monitoring (24 CFR Part 75)

The consultant shall assist the City in implementing and monitoring compliance with Section 3 requirements.

Section 3 Implementation

The consultant shall:

• Provide technical assistance to City staff and contractors regarding Section 3 compliance requirements.

• Assist in the development and implementation of Section 3 compliance procedures.

• Provide training to contractors and subcontractors.

Proposers shall describe their approach to implementing Section 3 requirements and supporting contractor compliance.

Monitoring and Documentation

The consultant shall:

• Track labor hours worked on applicable projects.

• Monitor contractor compliance with Section 3 requirements.

• Assist the City in tracking the following required metrics:

o Total labor hours worked on the project o Labor hours worked by Section 3 workers o Labor hours worked by Targeted Section 3 workers

• Monitor contractor efforts to provide employment and contracting opportunities to Section 3 workers and Section 3 business concerns.

Proposers shall describe the tools, systems, and processes they use to track labor hours and monitor compliance.

Reporting

The consultant shall:

• Assist the City in preparing required Section 3 reports to HUD.

• Document outreach and compliance efforts when benchmarks are not met.

• Maintain records demonstrating compliance with Section 3 regulations.

Proposers shall describe their approach to reporting and documentation.

3. Build America, Buy America (BABA) Compliance

The consultant shall assist the City in ensuring compliance with BABA requirements.

Compliance Monitoring

The consultant shall:

• Review project procurement and contract documentation to ensure inclusion of BABA requirements.

• Provide guidance to City staff and contractors regarding domestic content requirements.

• Review contractor documentation related to domestic sourcing of materials.

• Monitor contractor compliance with BABA certification requirements.

Proposers shall describe their experience and methodology for reviewing BABA documentation and ensuring compliance.

Documentation and Reporting

The consultant shall:

• Maintain documentation demonstrating compliance with BABA requirements.

• Assist the City in preparing documentation required for federal monitoring or audits.

• Provide technical assistance regarding waiver requests if applicable.

Proposers shall describe their approach to documentation and compliance verification.

4. Program Administration and Technical Assistance

The consultant shall:

• Serve as a technical resource to City staff on federal labor standards, Section 3, and BABA compliance.

• Assist the City during HUD monitoring reviews or federal audits.

• Respond to requests for information from City staff regarding labor standards compliance and reporting.

• Completed requestion labor compliance related forms as required by HUD.

• Maintain accurate project records and compliance documentation.

• Participate in quarterly meetings to update the City regarding project compliance.

Proposers shall describe their approach to communication, coordination, and ongoing support.

7. Sample Contract

1. Contract Duration

The initial term of the Contract resulting from this proposal is for one years from the date the City executes the contract. The compensation set forth in the Proposal shall remain valid and in effect during the initial term of the contract.