Construction_Management_and_Inspection_Services.pdf

REQUEST FOR PROPOSALS

FURNISH AND DELIVER

CONSTRUCTION MANAGEMENT AND INSPECTION

SERVICES

FOR THE

WATER & POWER DEPARTMENT (WATER)

CITY OF PASADENA, CALIFORNIA

Request for Proposals - Construction Management and Inspection Services Release Date: Thursday, February 23, 2023

Attachments:

A - Master Services Contract

B - RELEVANT EXPERIENCE FORM

D - DISQUALIFICATION_DISCLOSURE (4)

E - DESIGNATED_REPRESENTATIVESdocx (1)

F - CONFLICT_OF_INTEREST (5)

G - Pasadena_Taxpayer_Protection_Amendment_Disclosure (2) L - REQUIRED_FORMS_-_AAs_-_SIG-LEGAL-STATUS_-_DECLARATION_OF_NONCOLUSION (27)

1. INTRODUCTION

1. Summary

The City of Pasadena is seeking services from a qualified firm to provide construction management and inspection services on an as-needed basis to supplement existing resources in its Water Division for various water utility capital improvement and maintenance projects.

2. Contact Information

Evan Claproth Management Analyst III Email: eclaproth@cityofpasadena.net Phone: (626) 744-7451 Department:

Water & Power Department (Water)

3. Timeline

Release Project Date February 23, 2023

Question Submission Deadline March 7, 2023, 4:00pm

Proposal Submission Deadline March 15, 2023, 12:00pm mailto:eclaproth@cityofpasadena.net tel:(626)744-7451

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 City of Pasadena. Vendors must submit all required document 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 12:00 pm on Wednesday, March 15, 2023.

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," , "Price Proposal," "Additional Data," and "Statement of Qualifications and Experience" can be no more than 50 grand total pages.

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

4. Separation of Technical and Price Proposals

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.

1. 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.”

https://procurement.opengov.com/portal/pasadena https://procurement.opengov.com/portal/pasadena/projects/36694?section=301571

2. 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.

5. Price Proposal

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.

6. Pre-Proposal Meeting

There will be no pre-proposal meeting for this RFP.

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.

8. 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.

https://procurement.opengov.com/portal/pasadena/projects/36694?section=301573 https://procurement.opengov.com/portal/pasadena/projects/36694?section=301571

Any interpretation or correction of City specifications will be made only by addendum, duly issued by the City representative(s) identified in Section 3, above. Addenda (if any) shall be made available to each Proposer. A proposer’s failure to address the requirements of any and all addenda may result in the proposal 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 Proposer is responsible to register on the City's eProcurement Portal and follow the project ,Construction Management and Inspection Services, to insure they receive all RFP 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.

3. SCOPE OF WORK

1. Overview

The City’s usage of the Consultant’s services are on an as-needed basis such that if the demand is not there, then the services will not be requested. For each on-call service request, the Consultant and the City will agree upon the specific scope of work and cost for that project. The City has the right to retain other consulting firms at its sole discretion when the City believes there will be an economic or other significant advantage for doing so. The contract with the City is not guaranteed to be awarded any specific work and will not be eligible for any compensation except to the extent that the work is authorized and completed to the City’s satisfaction per the terms of associated contracts. Services for each contract will be provided on a negotiated fee basis, per work order. No minimum amount of work is guaranteed under these agreements.

Compensation will be based on time and materials with a not-to-exceed limit agreed upon by both Consultant and City before work begins.

2. Services to be Provided

Construction Management and Inspection Services:

Construction Management services may include, but not be limited to, the following:

• Coordinate, record, respond as authorized by the Project Manager ("PM"), and transmit all requests for information from the contractor. Coordinate all requests that require technical review and response from the PM and/or the Engineer of Record. Address contractual implications of such technical clarification in the response to the contractor.

• Assist the PM with contract correspondence including but not limited to letters, forms, notices, permits, change orders, field and laboratory test results, schedules of values, and contractor applications for payment.

• Perform project level review of the contractor’s schedules for compliance to the contract documents. Coordinate schedule reviews with contractor and PM when necessary.

• Receive, coordinate, and record all contractor proposals and claims for contract modification in accordance with the contract document. Review, evaluate, and comment on contractor proposals and claims for compliance, accuracy, and appropriateness. When instructed by the PM, perform cost analysis and provide written comments on contractor proposals and claims. Prepare and submit recommendation to the PM for acceptance, rejection, or other. Assist PM with the defense or negotiation of change orders and/or claims.

• Discuss design clarifications and recommendations with the contractor, PM and/or Engineer of Record to assist in resolving construction related problems and/or conflicts.

• Participate in progress and scheduled meetings, prepare meeting minutes and record and distribute records of the meetings.

• Receive, track, coordinate, record, respond (as appropriate), and transmit all shop drawing submittals required by the contract documents. Coordinate all requests that require review and response from the PM and/or Engineer of Record.

• Monitor and document contractor’s required field testing to assure it is performed in accordance with the contract documents. Review laboratory test results with the PM and/or Engineer of Record for compliance with the contract documents.

• Verify the quantities and schedule of values in the contractor invoices. Approve and submit to the PM for payment approval.

• Prepare monthly status reports to include budget information, current estimates of construction cost and schedule, obligations and action items required, status of change orders, anticipated change orders, expenditures and other information necessary to define the current project status.

• Collect all records, certificates, guarantees, warranties and releases required from the contractor and transmit to the PM. Record documentation include but not limited to pictures, dailies, journals, gate valve slips, service slips, compaction tests, hydrostatic tests, and bacteriological tests.

• Oversee the performance and completion of tests required of the contractor as required in the contract documents. The tests may include but not limited to equipment, material, pipeline, electrical, instrumentation, control and communication components, mechanical, system and commission testing.

• Review training program submittals, if required, by the contractor for compliance to contract documents. PM will coordinate the training schedule with Operations Staff.

• Maintain detailed and accurate records of the construction that will serve as the record documentation of completed construction activities. Review and approve contractor as-built (record) drawing preparation for completeness and accuracy. Coordinate required updates and/or corrections to record drawings. Coordinate transmittal of record drawings with the PM and/or Engineer of Record, including any CAD files prepared by the Engineer of Record, and other electronic files as necessary to facilitate implementation of the improvements in the City's GIS system.

Construction Inspection services may include, but not be limited to, the following:

• Provide on-site observation and document the progress, activities, and quality of the work performed by the contractor and its subcontractors. Advise PM of any observed deviations from the contract documents in a timely manner to minimize any delays in the progress of the work. Conduct of the contractor and subcontractors to comply with its safety program and contract documents, and the contractor’s means and methods for performing its work shall remain the exclusive responsibility of the contractor.

• Inspect and document materials, equipment, and personnel brought to the field. Verify that materials and equipment are handled, stored, and installed properly in compliance with the contract documents.

• Observe, document, and report on the performance, completion, and testing of but not limited to equipment, material, pipeline, electrical, fiber optic, component and system testing, etc., when required.

• Identify problems and issues encountered in accomplishing the work and recommend the appropriate action for resolution of problems to minimize impact to the completion schedule.

• Verify the surveying work and the layout work of the contractor as related to control points, right-of-ways, and grades as specified in the contract documents.

• Document any damages to existing facilities (curb, sidewalk, gutter, etc.) resulting from contractor’s work in order for it to be addressed prior to project closure.

• Document and submit water service record for each service installed by the contractor.

• Verify the contractor completes and submits the City’s valve record card for each valve installed by the contractor.

• Attend and participate in the construction meetings when requested by the PM or as required in the task order.

• Prepare a daily report of construction activities utilizing the City's Daily Progress Report forms. The Daily Progress Report forms shall be prepared and made available to the PM no later than 24 hours following each day’s activities.

• Maintain a daily progress diary to document and record work performed including any meaningful conversations held on site and at project meetings.

• Assemble and maintain notes, comments, sketches, photographs, and supportive data relative to the project in order to facilitate the revisions of the contract as-build drawings to conform to the construction records.

• Consult with the PM and Engineer of Record on the project work progress. Consultation shall also include advanced notice for major tests, inspections or the start of an important phase of the work.

• Review and comment monthly on the contractor maintained as-built (red line) drawing preparation for completeness and accuracy. Coordinate transmittal of record drawings with the PM and the Engineer of Record.

• Coordinate and work with the contractor to ensure contract required spare parts, operations and maintenance manuals, training manuals, warranty documentation are provided to the PM.

• Verify the quantities contained in the contractor’s monthly invoices and provide comments and/or recommendations to the PM if there are discrepancies to what were purchased and installed.

• Immediately record and notify the PM of any accident. The report should be in detail.

3. Proposed Work Schedule

The Proposal shall include a proposed work schedule to indicate duration and completion dates along with any project milestone and or deliverables needed to complete the project on time.

Proposal shall also include an estimate on the amount of time to be spent with City Staff.

4. Statement of Qualifications and Experience

"Statement of Qualifications and Experience” shall include, but not be limited to, the following information:

A. Brief description of the proposed project approach and disclosure of potential challenges and issues that need to be resolved. Proposer should also state the project management team’s qualification and experience

B. Listing of at least three recent similar projects that the firm was engaged in for other public agencies. Include a description of the summary of work performed, the total project cost, the percentage of work the firm was responsible for, the period over which the work was completed, and the name, title, and phone number of clients to be contacted for references. This section shall also include a brief statement of the Proposer's adherence to the schedule and budget for each project.

C. Resume of key staff, their proposed areas of responsibility, a brief description of their professional qualifications and experience in those areas, and copy of applicable professional licenses, including an identification of the principal and representative of the Proposer authorized to act on the behalf of the Proposer and who shall be responsible for directing all activities of the Proposer and devoting sufficient time to personally supervise the provision of services.

4. SAMPLE PRICE PROPOSAL

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 table(s) below is intended to be a sample. Proposers may add necessary line items provided they are in compliance with instructions in this RFP for price proposals. The cost proposal detail shall describe costs for each professional’s time, for the completion of each proposed task, and for materials and supplies.

Proposal must include every classification, and its fully burdened hourly rate, who will be working on the projects associated with resultant contracts from this RFP. It is important for the proposer to associate its key personnel working on each scope of work category to one of the following classifications since the cost evaluation will solely be based on the following classifications:

• Senior Construction Manager

• Senior Construction Inspector

• Project Manager

INSTRUCTIONS:

Using the attached Price Proposal in this RFP, provide Proposer’s lump-sum price and/or unit price for performing all services and work called for in the SCOPE OF WORK. The Proposer’s price shall include, without limitation:

A. 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);

B. performance of each and every portion of the work

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

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

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

SCOPE OF WORK;

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

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

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

Line Item Description Unit of Measure Unit Cost

$/hr

$/hr

$/hr

$/hr

$/hr

$/hr

$/hr

$/hr

$/hr

$/hr

$/hr

$/hr

5. EVALUATION CRITERIA

Evaluation of the proposals will be based on a competitive selection process, in which the evaluation of proposals will not be limited to price alone. The capability of the proposer to satisfy the City requirements identified in the Scope of Services, and the experience of the proposer in providing services of this type, size and scope will also be considered in the selection.

This RFP has been structured to provide specific requirements which function as a standardized framework for the evaluation of a prospective consultant’s qualifications.

The City, in consultation with the selection panel, reserves the right to reject any and all proposals. The selection panel will grade and score responsive proposals with the following criteria and weights. The competitive selection evaluation criteria are as follows:

No. Evaluation Criteria Scoring Method Weight (Points)

1. Experience This criterion will be used to review the company’s previous experience on similar projects and their project team. A minimum of five (5) years of experience providing similar services is required. Relative experience of key personnel working as a team is highly valued. All Proposers must demonstrate and document a satisfactory written response of similar projects in a manner which addresses the stated evaluation criteria. The Proposer shall be entirely responsible for the accuracy of the information supplied including: breadth and depth of services, technical, professional and practical experience with similar projects, experience with local and applicable codes, standards, and regulations, and experience with local governments and other governmental agencies of similar type and complexity as the City of Pasadena.

In addition, this criterion will be used to review the availability and capability of the project team. Emphasis will be assigned based on qualification of staff or project team members, provided in the “Statement of Qualifications and Experience” provided in your proposal. It is important to note how a particular staff’s expertise is related to the skills or tasks that would be required to provide the best solution and project deliverables. Please identify the Project Manager and the individuals assigned to the project, local staff resources and their expertise, and a list of California offices.

Points Based 40 (40% of Total)

2. Project Approach This criterion will be used to review how well the consultant’s proposal demonstrates their understanding of the Scope of Work. The criterion is also based on innovative project approach or methodology. The project approach should discuss issues and challenges and demonstrate alternative ways that would be practical and cost effective. In addition, the consultant should include a listing of similar completed projects to illustrate any unique or innovative project solutions that their firm has done in the past.

Points Based 25 (25% of Total)

3. Cost Proposal Points will be assigned based on a “Ratio Method.” The Proposer’s cost must include the delivery of the proposed solutions, as well as any recurring costs (if any) as delineated in the Scope of Work. List your rates for the positions as specified in section 4 Sample Price Proposal (or equivalent positions), include an average, evenly distributed blended rate and multiply this rate by 2,080 hours. This price proposal will be used for evaluation purposes and the rates should be included in the all-inclusive list provided in the Work Plan and Fee Table found in the Contents of Proposal section of this RFP.

EXAMPLE of a blended rate Price Proposal:

Senior Construction Manager, $150 per hour

Senior Construction Inspector, $140 per hour

Project Manager, $160 per hour

Blended Rate is ($150+$140+$160)/3=$150 per hour

$150 per hour X 2,080 hours = $312,000 is the Price Proposal

With this method, the proposal with the lowest cost receives the maximum points allowed. All other proposals receive a percentage of the points available based on their cost relationship to the lowest price. This is determined by applying the following formula:

(Lowest Price / Evaluated Price) X maximum points available = Awarded Points

EXAMPLE: The cost for the lowest proposal is $280,800. The evaluated proposal has a cost of $312,000. The total points available for cost =

22.5 points.

Reward Low Cost 25 (25% of Total)

4. Local Pasadena Business To be awarded a 5 point preference for this category, the proposer must have an official business address within the City of Pasadena at the time that this RFP is posted on the City’s Website.

Points Based 5 (5% of Total)

5. Small or Micro-Business To be awarded a 5 point preference for this category, the proposer must be certified by the State of California as a small or micro-business.

Refer to the State of California Department of General Services Division for further information.

https://caleprocure.ca.gov/pages/sbdvbe-index.aspx

Points Based 5 (5% of Total) https://caleprocure.ca.gov/pages/sbdvbe-index.aspx

6. REVIEW AND AWARD RECOMMENDATION PROCESS

1. Review and Award

A screening committee will determine which proposals are responsive to City requirements and needs. The technical portions of responsive proposals will be evaluated by a selection panel consisting of personnel from the City. The selection may be based solely on the written proposals submitted.

Proposers may be invited to a meeting to provide additional clarification of the content of their proposal. The City reserves the right to invite all of the Proposers for an oral clarification OR only the top three (3) ranked firms based on the initial written proposal review. The meeting will not alter the selection criteria but will be used to clarify content of the proposal. The final scoring and ranking will be made after the meetings. Proposals shall consist of the sections named in the “Contents of Proposal” outlined below.

Once an agreement is reached with a Proposer, staff will recommend award of a contract. The City reserves the right to select the firm which, in its sole judgment, best meets the needs of the City.

Any contract resulting from this RFP, if $25,000 or more, shall not be effective until approved by the City Manager. Any contract resulting from this RFP, if $75,000 or more, shall not be effective until approved by the City Council.

7. PUBLIC CONTRACT CLAIMS PROCEDURE

PUBLIC CONTRACT CODE SEC. 9204 PUBLIC WORKS CLAIMS PROCEDURE

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.

For this legislation, a “public works project” is defined as “the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind.” This definition is not as broad as in the Prevailing Wage Law.

A “claim” is defined as “a separate demand by a contractor sent by registered mail or certified mail with return receipt requested…” and is limited to three types of contract disputes:

1. “A time extension…for relief from damages or penalties for delay assessed by a public entity….”

2. “Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled”, and/or

3. “Payment of an amount that is disputed by the public entity.”

Upon receipt of a claim, a public entity must "conduct a reasonable review" and provide a written statement to the contractor within 45 days of receipt of the claim. Failure of a public entity to respond to a claim within the time periods described in Section 9204 "shall result in the claim being deemed rejected in its entirety."

For any undisputed portion of a claim, a public entity must make payment within 60 days of the public entity's issuance of the written statement.

If the contractor disputes the public entity's written statement, or if the public entity fails to respond, the contractor may demand "an informal conference to meet and confer for settlement of the issues in dispute." The public entity must schedule the meet and confer conference within 30 days of the demand.

Within 10 business days following the meet and confer conference, the public entity must provide a written statement identifying the portion of the claim that remains in dispute.

Any payment due on an undisputed portion of the claim must be made within 60 days of the meet and confer conference. Amounts not paid in a timely manner shall bear interest at 7 percent per year.

After the meet and confer conference, any disputed portion of the claim "shall be submitted to non-binding mediation." If mediation fails to resolve the dispute, the parts of the claim that remain in dispute shall be subject to applicable procedures outside Section 9204 (statutory and contractual).

The full text of this new legislation is set forth below:

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1.

Section 9204 is added to the Public Contract Code, to read:

9204.

(a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner.

(b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project.

(c) For purposes of this section:

(1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:

(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project.

(B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled.

(C) Payment of an amount that is disputed by the public entity.

(2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project.

(3) (A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency.

(B) “Public entity” shall not include the following:

The Department of Water Resources as to any project under the jurisdiction of that department.

The Department of Transportation as to any project under the jurisdiction of that department.

The Department of Parks and Recreation as to any project under the jurisdiction of that department.

The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code.

The Military Department as to any project under the jurisdiction of that department.

The Department of General Services as to all other projects.

The High-Speed Rail Authority.

(4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind.

(5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor.

(d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision.

(B) The claimant shall furnish reasonable documentation to support the claim.

(C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion.

(D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.

(2) (A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute.

(B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.

(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.

(D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.

(E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute.

(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant.

(4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.

(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim.

Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.

(e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section.

(f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section.

(g) This section applies to contracts entered into on or after January 1, 2017.

(h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations.

(i) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2027, deletes or extends that date.

(Amended by Stats. 2019, Ch. 489, Sec. 1. (AB 456) Effective January 1, 2020. Repealed as of January 1, 2027, by its own provisions.)

SEC. 2.

The Legislature finds and declares that it is of statewide concern to require a charter city, charter county, or charter city and county to follow a prescribed claims resolution process to ensure there are uniform and equitable procurement practices.

SEC. 3.

If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

8. GENERAL REQUIREMENTS

1. Pasadena Living Wage Ordinance

This project is 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.

2. Local Preference

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 which result from the performance of this Contract and which are performed within the City.

• The Contractor will be required to make good-faith effort to hire Pasadena residents for all new hires, including subcontractor new hires.

• A good-faith effort will include requests to unions or community organizations designated by City to provide a list of qualified Pasadena residents. If qualified candidates available, Contractor will conduct interviews with assistance of City and union/community organizations.

• Residents are individuals who are, and have been one year prior to the effective date of the contract, residents of the City of Pasadena.

• Submission to the City of documentation of requests and interviews will constitute proof of a good-faith effort.

• Interviews of Pasadena residents, if conducted, shall be completed and documentation submitted to the City prior to commencement of Contract work.

https://ww5.cityofpasadena.net/finance/doing-business-with-the-city/

3. Certificate of Insurance

Proof of insurance is not required to be submitted with your bid, 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.

4. 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.

5. Equal Opportunity Contracting

Policy - The City of Pasadena is committed to a policy of Equal Opportunity Contracting. Qualified firms including small businesses and businesses owned by women, minorities, and disabled persons are encouraged to submit bids or proposals. 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 Proposer may be required to submit documentation during the term of the contract to evidence on-going compliance with the City’s Contracting Ordinance. Such documentation may include, but not be limited to certified payroll records and Current Permanent Workforce Utilization reports.

Questions regarding the City of Pasadena’s Contracting Ordinance and policy should be directed to the Department of Finance, Purchasing & Payables Division 626.744.6755.

6. 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.

7. Reservations

The City reserves the right to reject any or all bids 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.

8. Documents to be Construed Together

The Request for Proposals, 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 as one document.

9. Errors and Omissions

Proposer and/or the Contractor shall not be allowed to take advantage of any errors in or omissions from in the Request for Proposals. Full instructions will be given if such error or omission is discovered and timely called to the attention of the City.

10. RFP Not Contractual

Nothing contained in this Request for Proposals shall create any contractual relationship between the Proposer and the City. The City accepts no financial responsibility for costs incurred by any Proposer regarding this RFP.

11. 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.

12. Taxes

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

13. System for Award Management (SAM.Gov)

Prior to contract award, the winner of this solicitation must provide an active registration with "Sam.Gov." Vendors seeking to register can register for free at the following link:

https://sam.gov/content/entity-registration

14. 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.

15. Request for Proposal 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.

https://sam.gov/content/entity-registration

16. 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.

17. 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-reports/tax-payer-protection-act-tpa/

18. Request for Taxpayer Identification Number and Certification (IRS Form W-9)

The highest scoring proposer may be required to submit a completed and signed IRS Form W-9.

Failure to submit this form may result in…