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SR-03-12-2013-3CCity Council Meeting: March 12, 2013 Agenda Item: � To: Mayor and City Council From: Andy Agle, Director of Housing and Economic Development Subject: Prevailing Wage Monitoring for Affordable Housing Construction •nu-I!•r ' •t Staff recommends that the City Council authorize the City Manager to negotiate and execute a fifth modification to Professional Services Agreement #9052 in the amount of $88,000 with Comprehensive Housing Services, Inc., (CHS), a California -based company, to provide federal and state prevailing wage monitoring and Section 3 compliance for City- funded affordable housing developments. This will result in a five -year amended contract with a new total amount not to exceed $513,000 through June 30, 2014, with future year funding contingent on Council budget approval. Executive Summary To ensure City compliance with local, state and federal prevailing wage regulations, the City relies on experts to monitor wages paid to construction workers on affordable housing developments. CHS is currently providing these services for several affordable housing developments in various stages of construction and which involve multi -year construction cycles. Staff recommends amending the existing contract to ensure that CHS continues to provide the monitoring services. This action would increase the total not -to- exceed contract amount from $425,000 to $513,000. Background In April 2009, June 2011, and June 2012, the City Council authorized the current contract (original contract and amendments) with CHS. The contract budget for monitoring construction of affordable housing developments requires additional funds in the amount of $88,000 to allow the continued provision of prevailing wage monitoring through June 2014, when the affordable housing developments that are currently underway should be mostly completed. 1 Discussion An increase of the existing contract with CHS is recommended to ensure continuity in the monitoring of current affordable housing developments. CHS has been providing prevailing wage monitoring services for ten affordable housing developments (totaling 459 apartments) that are in various stages of construction. These developments are funded with various local, state and federal monies that require the payment of prevailing wages and, to the greatest extent feasible, the provision of opportunities for job training and employment to lower- income and minority residents. The applicable regulations are City of Santa Monica Municipal Code Section 7.28.030, the California Labor Code, Section 1770, et. seq., the federal Davis -Bacon Act and Section 3 of the United States Housing and Urban Development Act of 1968. By June 2014, all but one of the affordable housing developments currently under construction should be completed and prevailing wage monitoring of the remaining development can be largely handled by staff in an effort to reduce operational expenditures. Potential ramifications for non - compliance of prevailing wage monitoring and Section 3 compliance include fines, requiring the City to make payments to construction workers to rectify underpayments, and withdrawal of project funding. To ensure compliance by affordable housing developments, the City contracts with firms who specialize in prevailing wage monitoring and Section 3 compliance. Contractor Selection At the end of 2008, CHS participated in a Request for Proposals process for prevailing wage and Section 3 monitoring services. Staff determined that CHS was one of two best bidders and awarded a contract during 2009. More recently, in March 2011, staff again issued a Request for Proposals (RFP) for prevailing wage and Section 3 monitoring services. Five responses were received. Staff reviewed and evaluated the proposals based on criteria including capacity, experience, qualifications, technical skills, fee schedule and references. The staff committee determined that CHS was the most qualified and the best bidder. Increasing the existing professional service 2 agreement with CHS by $88,000 for prevailing wage and Section 3 monitoring would allow for continuity in the delivery of these services. Financial Impacts & Budget Actions The contract modification to be awarded to CHS is $88,000 for a revised contract total not to exceed $513,000. Funds in the amount of $38,000 are available in the FY12 -13 budget in division 01264; the contract will be charged to account 01264.555060. The remaining $50,000 will be requested as part of the FY 2013 -15 Proposed Biennial Budget and is contingent on Council budget approval. Prepared by: James Kemper, Housing Administrator Approved: Andy Agle, Dire Housing and Economic Development 3 Forwarded to Council: Rod Gould City Manager Reference Amended Contract No. 9052 (CCS)