Labor Standards Compliance Consultant for Hard Hats

Agency:	City of Berkeley
State:	California
Type of Government:	State & Local
Category:	84 - Clothing, Individual Equipment, and Insignia
Posted:	Dec 22, 2023
Due:	Jan 18, 2024
Solicitation No:	24-11631-C (Reissued)
Publication URL:	To access bid details, please log in.

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Finance Department

General Services Division

REQUEST FOR PROPOSALS (RFP)

Specification No. 24-11631-C (Reissued)

FOR

Labor Standards Compliance Consultant for HARD HATS

PROPOSALS WILL NOT BE OPENED AND READ PUBLICLY

Dear Proposer:

The City of Berkeley is soliciting written proposals from qualified firms or individuals for Labor Standards

Consultant for HARD HATS. As a Request for Proposal (RFP) this is not an invitation to bid and although price is

very important, other factors will be taken into consideration.

The project scope, content of proposal, and vendor selection process are summarized in the RFP (attached). Proposals

must be received no later than 2:00 pm, on Tuesday, January 18, 2024. Proposals are to be sent via email with

the “Specification No. 24-11631-C and Labor Standards Compliance Consultant for Hard Hats” clearly

indicated in the subject line of the email. Please submit one (1) PDF of the technical Proposal with the filename saved

as, “Proposal Vendor Name - 24-11631-C (Reissued) Labor Standards Compliance Consultant for HARD

HATS.” Corresponding pricing proposal shall be submitted as a separate document with the filename saved as,

“Pricing Vendor Name - 24-11631-C (Reissued) (Reissued) Labor Standards Compliance Consultant for

HARD HATS.”

Email Proposals to:

City of Berkeley

Finance Department/General Services Division

purchasing@berkeleyca.gov

Proposals will not be accepted after the date and time stated above. Incomplete proposal or proposals that do not

conform to the requirements specified herein will not be considered. Issuance of the RFP does not obligate the City

to award a contract, nor is the City liable for any costs incurred by the proposer in the preparation and submittal of

proposals for the subject work. The City retains the right to award all or parts of this contract to several bidders, to

not select any bidders, and/or to re-solicit proposals. The act of submitting a proposal is a declaration that the proposer

has read the RFP and understands all the requirements and conditions.

For questions concerning the anticipated work, or scope of the project, please contact Jenny McNulty, Resilient

Buildings Program Manager, via email at jmcnulty@berkeleyca.gov no later than Jan 3, 2024. Answers to

questions will not be provided by telephone or email. Answers to all questions or any addenda will be posted on the

City of Berkeley’s site at Bid & Proposal Opportunities | City of Berkeley (berkeleyca.gov). It is the vendor’s

responsibility to check this site.

For general questions concerning the submittal process, contact purchasing at 510-981-7320.

We look forward to receiving and reviewing your proposal.

Sincerely,

Darryl Sweet, General Services Manager

2180 Milvia Street, Berkeley, CA 94704 Tel: 510.981.7320 TDD: 510.981.6903

E-mail: purchasing@berkeleyca.org Website: cityofberkeley.info/finance/

City of Berkeley

Specification No. 24-11631-C

Labor Standards Compliance Consultant for HARD HATS

INTRODUCTION

Page 2 of 22

Release Date 12/20/23

The City of Berkeley (the “City”) is seeking qualified firm or team with expertise in labor standards compliance to

design and implement a program to enforce the provisions outlined in Chapter 13.107 of the Berkeley Municipal

Code, also known as the Helping Achieve Responsible Development with Healthcare and Apprenticeship Training

Standards ("HARD HATS") Ordinance. The purpose of the program is to address labor standards in the local

construction industry, improve worker recruitment and retention, and promote the health and safety of construction

workers.

The selected consultant will prequalify contractors for covered projects in Berkeley greater than 50,000 square feet,

ensuring they cover healthcare expenses and participate in high quality apprenticeship programs.

II. SCOPE OF SERVICES

The selected consultant will be responsible for the following tasks:

PROGRAM DESIGN

• Program Design: Develop a comprehensive program for enforcing the provisions of the HARD HATS

Ordinance, including strategies for monitoring compliance, reporting, conducting investigations, and

ensuring accountability.

• Documentation Development: Create necessary documentation, forms, and templates for implementing the

ordinance, including but not limited to Applicant Declarations, Contractor Prequalification Questionnaires,

Contractor Satisfaction Statements, and Applicant Certifications of Compliance.

• Sample Notices: Prepare Sample Notices in English, Spanish, and Mandarin to be posted at work sites

informing covered construction workers of their rights and to be provided to workers prior to their beginning

work on a covered project.

• Educational Materials: Prepare educational materials and guidelines for contractors and applicants to

understand their responsibilities and obligations under the ordinance and the impact on their projects.

• Reporting Mechanism: Design a streamlined process for contractors and applicants to submit required

documentation and reports to track compliance, and for covered workers to submit complaints.

• Communication Plan: Develop and implement a communication plan for notifying contractors and

applicants of their obligations under the ordinance and notifying covered construction workers of their rights,

as well as for disseminating information about the program and its benefits.

• Data Management System: Propose a data management system that allows for secure storage and access to

records related to compliance, health care expenditures, apprenticeship participation, and

investigations/corrective actions.

PROGRAM IMPLEMENTATION AND COMPLIANCE MONITORING

• Applicant Declaration Review: Review and approve applicant declarations, which are a condition of

approval for permit issuance for covered projects. Provide correction comments or approve declarations

within one (1) week for union contractors and within three (3) weeks for non-union contractors and provide

approval or correction comments to the Berkeley Permit Service Center.

• Prequalification of Contractors: The selected consultant will prequalify contractors, reviewing Contractor

Prequalification Questionnaires and verifying contractors meet the apprenticeship and health care

expenditure requirements stipulated in BMC 13.107.

o Verification of Community Benefits Agreement and Collective Bargaining Agreement

Exceptions:

RFP Revised Nov2022

City of Berkeley

Specification No. 24-11631-C

Labor Standards Compliance Consultant for HARD HATS

Page 3 of 22

Release Date 12/20/23

 For covered projects covered by a Project Labor Agreement, community workforce

agreement or similar labor agreement with the local Building and Construction Trades

council, consultant will verify that the labor agreement is in place and compliant per BMC

13.107.111(b).

 For contractors that are signatory to a valid collective bargaining agreement with a labor

union that requires participation in a state-approved apprenticeship program and the

provision of health care expenditures to all construction craft employees, consultant shall

verify the existence of a valid collective bargaining agreement to confirm the contractors are

in compliance per BMC 13.107.111(c).

• Monitoring and Enforcement: Monitor compliance with apprenticeship, health care expenditure and

noticing requirements.

o Site Visits: Conduct site visit within the first 30 days after start of construction, then quarterly site

visits, unless more frequent monitoring is warranted with spot checks.

o Review and Approve or Issue Correction Comments within ten (10) working days of receipt:

 Contractor Satisfaction Statements

 Applicant Certifications of Compliance prior to issuance of a Certificate of Occupancy

• Violations: Notify City of Berkeley staff of violations within one (1) working day of identifying the

violations by email, so they may issue citations for any of the following:

o Failing to post the required notice

o Refusing to or not providing timely access to records or work sites

o Failing to submit or submitting a false or misleading Applicant Declarations, Contractor

Prequalification Questionnaires, Contractor Satisfaction Statements, and/or Applicant Certificates of

Compliance and/or

o Failing to comply with the Apprenticeship and/or Health Care Expenditure requirements

• Complaints: Create a process for members of the public to file complaints, including a fillable form to be

available on the City’s website. Receive and investigate complaints and notify City staff via email of any

violations found.

QUALIFICATIONS

The consultant team should possess the following qualifications:

• Extensive experience in labor standards and compliance programs

• Proficiency in understanding and interpreting local ordinances and regulations related to construction and

labor standards

• Strong knowledge of apprenticeship programs and healthcare expenditure regulations

• Expertise in designing mechanisms for the reporting and tracking of compliance with labor standards on

complex projects with multiple contractors

• Excellent communication skills to effectively collaborate with City officials, contractors, unions, and covered

construction workers

• Ability to create educational materials to communicate labor requirements to all stakeholders

• Previous experience working with municipal governments and implementing similar programs is preferred

• Ability to perform onsite inspections

TIMELINE

The term of the proposed contract is May 1, 2024 to April 28, 2027. The timeline may be subject to adjustments

based on the consultant's recommendations, City's needs and potential to extend the contract.

RFP Revised Nov2022

City of Berkeley

Specification No. 24-11631-C

Labor Standards Compliance Consultant for HARD HATS

Page 4 of 22

Release Date 12/20/23

The design phase, creating educational materials, documentation and provide a communication plan must be

completed within the first six months of the contract.

LOCATION

Some services may be provided from a remote location. Consultant must have the ability to perform onsite

inspections.

The contractor will complete all services listed for a certain amount of payment.

III. SUBMISSION REQUIREMENTS

Interested consultants should submit a proposal detailing their approach to addressing the scope of work outlined

above. All proposals shall include the following information, organized as separate sections of the proposal. The

proposal should be concise and to the point.

1. Contractor Identification:

Provide the name of the firm, the firm's principal place of business (see section VII, F. – Local Vendor

Preference), the name and telephone number of the contact person and company tax identification number.

2. Client References / Case Studies:

Provide a minimum of three (3) client references. References should be California cities or other large public

sector entities. Provide the designated person's name, title, organization, address, telephone number, and the

project(s) that were completed under that client’s direction. Case studies may optionally be provided in addition

to references.

3. Price Proposal:

The proposal shall include pricing for all services. Pricing shall be all inclusive unless indicated otherwise. Pricing

proposals shall be a separate document. The Proposal shall itemize all services, including hourly rates for all

professional, technical and support personnel, and all other charges related to completion of the work shall be

itemized. Evaluation of price proposals are subject to the local vendor business preference (see section VII.F.)

The proposed budget shall include a breakdown of costs for two project phases:

o Initial Design Phase

o Ongoing Project Costs - Fee structure for ongoing project costs for compliance monitoring, with

costs reimbursed for actual time spent.

RFP Revised Nov2022

City of Berkeley

Specification No. 24-11631-C (Reissued)

Labor Standards Compliance Consultant for HARD HATS

Page 5 of 22

Release Date 12/20/23

4. Contract Terminations:

If your organization has had a contract terminated in the last five (5) years, describe such incident.

Termination for default is defined as notice to stop performance due to the vendor’s non-performance or poor

performance and the issue of performance was either (a) not litigated due to inaction on the part of the vendor,

or (b) litigated and such litigation determined that the vendor was in default.

Submit full details of the terms for default including the other party’s name, address, and phone number. Present

the vendor’s position on the matter. The City will evaluate the facts and may, at its sole discretion, reject the

proposal on the grounds of the past experience.

If the firm has not experienced any such termination for default or early termination in the past five (5) years, so

indicate.

5. Experience:

 Overview of the consultant's experience and qualifications.

 Description of similar projects the firm has completed on behalf of local governments or other relevant

clients.

6. Methodology:

 Description of the proposed methodology and approach for program design and implementation.

7. Work plan:

 Estimated timeline and work plan.

IV. SELECTION CRITERIA

The following criteria will be considered, although not exclusively, in determining which firm is awarded.

1. Project Approach

30 points

2. Expertise / Qualifications

28 points

3. Price Proposal*

35 points

4. References / Case Studies

7 points

* Effective 1/1/2022. Local Vendor Preference. For the purposes of comparing pricing as part of this competitive

RFP for goods up to $100,000 or non-professional services up to $250,000, 5% shall be deducted from the bid price

proposal from any local Berkeley vendor.

A selection panel will be convened of staff to evaluate and score submittals.

V. PAYMENT

Invoices: Invoices must be fully itemized, and provide sufficient information for approving and auditing payments.

Invoices must be accompanied by receipt for services in order for payment to be processed. Email invoices to

RFP Revised Nov2022

This is the opportunity summary page. You are currently viewing an overview of this opportunity and a preview of the attached documentation. For more information, please visit the Publication URL Web page.

Labor Standards Compliance Consultant for Hard Hats

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