Consultant_to_Plan_and_Conduct_Community_Events_During_Walktober_2023.pdf

Informal Selection - Consultant to Plan and Conduct Community Events During Walktober 2023 Release Date: Monday, July 31, 2023

City of Pasadena Transportation Department

Informal Selection for Consultant to Plan and Conduct Community Events During Walktober 2023

2023-Informal-730

1. INTRODUCTION

1. Summary

The City is seeking quotes or proposals for Consultant to Plan and Conduct Community Events During Walktober 2023 as outlined in this SOLICITATION.

The Contractor may need to meet other certain minimum qualifications to propose on this specification..

2023-Informal-730

The City of Pasadena is seeking proposals from qualified consultants to plan and conduct public community events during Walktober 2023. Walktober is one month full of engaging community walks through various parts of Pasadena for every one of all ages and abilities. Walktober takes place in October and includes events such as Walk to School Day, among others. It is expected that the cost of this campaign will be within the Transportation Director's authority to award.

2. Contact Information

Dealine for Questions

The deadline to submit questions related to this solicitation is Thursday, August 3, 2023, 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.

Vendor Registration Instructions & Customer Service information:

Click here to register on the City's eProcurement Portal.

If you are already registered and need help logging in or retrieving your user information use the blue chat bubble on the lower right hand corner of the screen.

Additional instructions are included in this solicitation (See section named "Instructions for Registering onto the City's eProcurement Portal.

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

For assistance with e-bidding or uploading documents: Contact Open Gov via the blue chat bubble

Monday through Friday 5am - 5pm PST, except statutory holidays

Donson Liu Associate Engineer Email: dliu@cityofpasadena.net Phone: (626) 744-7672 Department:

Transportation Department

3. Timeline

Release Project Date July 31, 2023

Question Submission Deadline August 3, 2023, 12:00pm

Submission Deadline August 10, 2023, 12:00pm

2. INSTRUCTIONS

1. TERMS AND CONDITIONS OF PURCHASE ORDER CONTRACT

TERMS AND CONDITIONS OF PURCHASE ORDER CONTRACT

https://www.cityofpasadena.net/wp-content/uploads/sites/27/Terms-Conditions-of-Purchase- Order.pdf

2. Contract Duration

The Contract resulting from this proposal is scheduled to start upon issuance of the Purchase Order.

The Contract resulting from this proposal is scheduled to end December 31, 2023.

3. 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.

mailto:dliu@cityofpasadena.net tel:(626)744-7672 https://www.cityofpasadena.net/wp-content/uploads/sites/27/Terms-Conditions-of-Purchase-Order.pdf https://www.cityofpasadena.net/wp-content/uploads/sites/27/Terms-Conditions-of-Purchase-Order.pdf https://www.cityofpasadena.net/wp-content/uploads/sites/27/Terms-Conditions-of-Purchase-Order.pdf

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.

4. 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.

5. Quantities

The quantities contained in the documents are approximate only and are for the sole purpose of comparing proposals. The City may, in accordance with the specifications, request additional goods or 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 goods or services actually provided as determined by the City and accepted at the unit prices noted in the proposal.

6. 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 SOLICITATION are strongly advised to review all the terms and conditions of the contract, and shall be deemed to have accepted them.

7. Funding Source

This procurement is funded by: City of Pasadena. Vendors must submit all required document with their proposal.

8. COST PROPOSAL: Cost Proposal Submittal

Parties interested in responding are required to submit their Cost Proposal with their Technical proposal (if one was required).

The pricing must include the total price proposed to accomplish all the performance and deliverables requested in this SOLICITATION, and offered by your firm. Each Proposer must submit a Price Proposal containing all costs associated with the technical proposal. The cost 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 cost 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 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.

9. Definitions

The words (A) "City", (B) "Department", (C) "Director", or (D) "Contractor", as used in this SOLICITATION, 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.

10. 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 SOLICITATION, he/she may submit to the City representative(s) identified in the subsection named "Deadline for RFP Questions," above, a written request 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 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 with “OpenGov” at www.cityofpasadena.net to insure they receive all SOLICITATION 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.

11. Ordering Authority

Work orders of products or services will be placed in writing by Donson Liu, Associate Engineer ((626) 744-7672; dliu@cityofpasadena.net). Any work orders made through any other methods or by any other individuals may be accepted.

12. RELEVANT EXPERIENCE

Provide experience with governmental agencies for two projects/contracts of similar scope and size. As part of your proposal, please demonstrate experience with projects/contracts of similar scope and size to that which is to be performed.

13. WARRANTY

Contractor shall provide factory warranties on all materials furnished against defects in materials and/or workmanship. The factory warranty shall become effective on the date of delivery and acceptance by the City. Should any defect in materials or workmanship appear during the warranty period, the Contractor shall repair or replace the same at no cost to the City.

14. DEFECTIVE MATERIALS:

Any materials not conforming to requirements of this Specification shall be considered defective. All such materials, whether in place or not, shall be immediately removed from the site of the work. Any defective materials installed shall be removed and replaced by the City and all costs of removal and replacement shall be deducted from any amounts due or to become due to the Contractor. No rejected materials, the defects of which have been subsequently corrected, shall be used.

15. RECEIVING AND INSPECTION

Deficient parts will be rejected and the Contractor will be required to make the necessary adjustments or replacements. It shall be the Contractor’s responsibility to pick up any rejected parts, make the necessary corrections, and re-deliver at no additional cost to the City.

3. SPECIFICATION

1. PROJECT MANAGEMENT (General Requirements)

Upon contract approval, the contractor will meet with City staff to review the scope of work and timeline to complete the project. The Consultant shall describe the time schedule for each proposed task and sub-task described in Scope of Work. Proposed work periods, milestones, and completion dates, as well as anticipated meeting dates, shall also be identified.

A single Project Manager will be designated by the Contractor to manage and coordinate all services related to the project. The designated Project Manager shall be the primary point of contact with the DOT Project Manager and representatives in administering and advancing the project through the process. The Project Manager may be called upon to support the DOT at City Council Meetings or other community meetings.

2. COMMUNITY ENGAGEMENT EVENTS

The City expects to hold approximately ten events throughout the month of October 2023. Funding from this program will not cover large expenses such as event space fees. Participation for each event is anticipated to average between 40 and 70 people. The following walking tours from previous Walktober programs provide an idea of the types of events expected. The only events that are mandatory are those on Wednesday, October 4, 2023 as they coincide with national Walk & Roll to School Day. All other events below are suggestions based on previous community events.

1. October 4, 2023 (Wednesday morning) – City of Pasadena Walk & Bike to School Day

Assist and staff a minimum of two and maximum of four Walk to School Day events at Pasadena Unified School District (PUSD) Elementary Schools. These events require early coordination with PUSD and City staff as school and walking route selection will require the approval of both entities. City Department of Transportation staff will manage these two events due to the coordination required with several other City Departments, including but not limited to Police, Fire, and Parks, Recreation and Community Services.

Specifically, Walk to School Day consists of an approximately ½ to ¾ mile chaperoned walk with elementary school students from a neighborhood gathering spot to school in the morning followed by a short on-campus morning assembly hosted by the school. Attendees in the past have included the Mayor of Pasadena, City Councilmembers, and State Assemblymembers.

2. Pasadena City Council Themed Weeknight Walks

Work with all seven Pasadena City Councilmembers and the Mayor to organize and host District specific community walking tours with each Councilmember that highlight cultural, historic, or interesting landmarks. Potential example events include:

- Mayor’s Tour of City Hall and the Civic Center,

- District 1 tour of neighborhood pocket parks and/or the Rose Bowl

- District 2 tour of East Washington Village,

- District 3 tour of historic landmarks in Civic Center and Old Pasadena,

- District 4 tour of East Colorado Boulevard small businesses and plant life,

- District 5 tour of Washington Park,

- District 6 tour of Bridges over the Arroyo, and

- District 7 tour of CalTech and nearby small businesses.

3. Pasadena Nature Themed Walks

Pasadena is home to several natural assets, especially along the Lower and Upper Arroyo. Past community walking tours have been organized in partnership with the Pasadena Audubon Society.

4. Other Community Walks

Other Pasadena community events organized by other organizations should be partnered/promoted as a Walktober event as long as these events are open to the public, appropriate for all ages, promotes Pasadena attractions, and involves some level of walking or on-foot engagement.

All community walking tours not associated with time specific events should be scheduled at times most convenient for residents, typically on weekdays starting in the late afternoon or weekday mornings to mid-day.

3. PUBLICITY AND MARKETING MATERIALS

Develop a poster and campaign to advertise Walktober in the month leading up to the public outreach events. The poster will be an 11” x 17” glossy print declaring “Walktober 2023” and optionally include the dates of individual public outreach events. At least 200 copies of this poster shall be distributed to local storefronts to publicize events. An electronic draft of the design shall be submitted to City staff for review before production. The Consultant will be responsible for printing and distributing the posters.

The Consultant, with the assistance of City staff, shall develop a Walktober 2023 webpage and promote all events through press releases, banners, event posters, and social media outlets and advertisement. Paid media though local publications and websites (i.e. PasadenaNow, Pasadena Weekly, Pasadena Star News, etc) shall be the responsibility of the Contractor.

All promotional material layouts and language must be approved by the City prior to posting. City staff will review all materials within one week of draft submissions. City staff will assist the contractor with coordinating press releases through the City’s Public Information Officer.

All promotional materials shall prominently display the Pasadena Department of Transportation logo and where appropriate identify this campaign as being presented by the City of Pasadena.

4. FINAL REPORT

The Consultant shall develop a memorandum that summarizes the outcome of each event, including number of attendees, includes pictures of each event, and provide suggestions for future improvement.

4. PRICING PROPOSAL

In response to the Request for Quotes for Consultant to Plan and Conduct Community Events During Walktober 2023 the undersigned proposes and agrees to furnish the required material in strict conformity with the general and detailed specifications and data on manufacturer’s data sheets and/or exceptions made part of the bid and accepted by the City in writing.

INSTRUCTIONS:

Each bidder must bid on all items shown in the Bidder’s Pricing Table. If any bidder makes any alteration, interlineation or deviation in any of the printed matter of the proposal or if the signature of the bidder is incomplete, the bid will be considered informal and may be rejected.

The price bid shall include any and all charges required under the California Retail Sales Act of 1933 as amended and the California Use Tax Act of 1935.

Instructions:For each Item, please multiply the Unit Price by the corresponding Quantity to determine the Item Price. Sum the Item Prices to determine the Item Total. Sum the Item Total and the Sales Tax to determine the Grand Total Price.

All bid pricing must be entered into the City's eProcurement Portal or the bid may be considered informal and deemed non-responsive, do not use a separate document attachment to represent your pricing.

Line Item Description Quantity Unit of Measure Unit Cost Total 1 Walktober 2023

Campaign (Full Scope of Work)

1 Campaign

TOTAL

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. A minimum of five (5) years of experience providing similar services is required.

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. Proposed Solution Points will be assigned for “Completeness of Proposed Solution” based on the vendor submitting a proposal that follows the guidelines specified in the SCOPE OF WORK. Consideration will be provided for proposals that demonstrate knowledge and logistical planning necessary to achieve the goals of this project.

Points Based 20 (20% of Total)

2. Experience Points will be assigned for “Experience with Projects of this Size and Scope in an Agency of Similar Size” based on a vendor’s previous experience with municipal agencies, as delineated in the SCOPE OF WORK, and CLIENT

REFERENCES.

Points Based 30 (30% of Total)

3. Company Staffing Assigned to Project Points will be assigned for staffing assigned to this project/contract; and staff accessibility and availability to the project. Education and experience of key personnel. Consideration will be given based on the professional, technical, and educational qualifications of personnel that will be assigned to the project based on the resumes provided. Proposer should demonstrate that all key personnel have been successfully involved with projects of similar scope and magnitude.

Points Based 15 (15% of Total)

4. 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 and 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 $100,000. The next lowest proposal has a cost of $125,000. The total points available for cost = 30 points.

( $100,000 / $125,000 ) X 30 = 24 points

Points Based 25 (25% of Total)

5. 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 Solicitation is posted on the City’s Website.

Points Based 5 (5% of Total)

6. 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)

6. INSURANCE REQUIREMENTS

1. Insurance Requirements https://caleprocure.ca.gov/pages/sbdvbe-index.aspx https://caleprocure.ca.gov/pages/sbdvbe-index.aspx https://caleprocure.ca.gov/pages/sbdvbe-index.aspx https://caleprocure.ca.gov/pages/sbdvbe-index.aspx https://www.cityofpasadena.net/finance/wp-content/uploads/sites/27/General-Most- Contracts.pdf?v=1623280176766

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.

https://www.cityofpasadena.net/finance/wp-content/uploads/sites/27/General-Most-Contracts.pdf?v=1623280176766 https://www.cityofpasadena.net/finance/wp-content/uploads/sites/27/General-Most-Contracts.pdf?v=1623280176766

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. SUBMITTAL INSTRUCTIONS

1. Training Resources for Vendors:

Videos:

Instructions for the new eProcurement System: The following link https://help.procurement.opengov.com/en/articles/5815468-opengov-procurement-vendor-trainingwill include video instructions for using the new system.

Screen Shots:

A. Subscribing for an agency's notifications - Using the Network Tab

B. Following a project

C. How to respond to a bid, submit a bid, or No bid?

D. Get Notifications

E. Managing Addenda

F. OpenGov Procurement Support

2. Electronic Submission and Delivery Instructions

Parties interested in responding are required to submit electronically through the City of Pasadena's eProcurement Portal prior to 12:00 pm, Thursday, August 10, 2023. Please upload all required documents as instructed in the section named Submittals/Checklist sufficiently early electronically through the city's eProcurement Portal before the time and day listed in this solicitation. Responses must be received in the system prior to the deadline.

The Specification or Scope of Work included in this Notice shall be considered part of any contract made pursuant thereunder.

3. Withdraw of Proposal

Any Bidder or Proposer may withdraw their response via the City's eProcurement Portal prior to 12:00 pm on Thursday, August 10, 2023.

https://help.procurement.opengov.com/en/articles/5815468-opengov-procurement-vendor-training https://help.procurement.opengov.com/en/articles/5815468-opengov-procurement-vendor-training https://help.procurement.opengov.com/en/articles/5815468-opengov-procurement-vendor-training https://help.procurement.opengov.com/en/articles/3955963-how-to-subscribe-to-organizations-and-find-active-rfps-bids https://help.procurement.opengov.com/en/articles/2478854-follow-a-project https://help.procurement.opengov.com/en/articles/2478772-how-to-respond-to-a-project https://help.procurement.opengov.com/en/articles/2921877-get-notifications https://help.procurement.opengov.com/en/articles/4413350-managing-addenda https://help.procurement.opengov.com/en/articles/5680392-using-support https://procurement.opengov.com/portal/pasadena https://procurement.opengov.com/portal/pasadena/projects/54940?section=undefined

4. City Changes to the Solicitation Documents

The City reserves the right to change any part of these Instructions and Specifications any time prior to the bid opening. Any changes shall be in the form of addenda and will become a part of the bid documents and of the contract. Addenda shall be made available to each Bidder or Proposer. A Bidder's or Proposer's failure to address the requirements of the addenda may result in the response not being considered. If the City determines that a time extension is required for the bid, the addenda will give the new submission date.

Addenda shall be acknowledged via the City'seProcurement Portal for the project named "Consultant to Plan and Conduct Community Events During Walktober 2023." Project ID: 2023-Informal-730.

Bidders or Proposers can view a list of addenda released by the City by clicking on "Addenda & Notices." While drafting a response, there is a section for "Addenda Confirmation" where Bidders or Proposers must acknowledge each addenda released.

5. Deadline for Questions

The deadline to submit questions related to this solicitation is Thursday, August 3, 2023, 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.

6. Follow these simple steps to submit your proposal electronically:

If you are already registered and need help logging in or retrieving your user information utilize the blue chat bubble visible on the lower right hand corner of the screen.

Click on the hyperlink for the City's eProcurement Portal to create your vendor profile.

Electronic Submission of Bids

All Proposers are required to submit their bid pricing electronically via the city's eProcurement Portal.

The electronic system will close submission exactly at the date and time set forth in this solicitation or as changed by addenda. In addition, your bid must be submitted via the eProcurement Portal.

Proposers are responsible for submitting and having their bid accepted before the closing time set forth in this solicitation or as changed by addenda. NOTE: It is the Proposer's sole responsibility to ensure their bid and document(s) are uploaded, transmitted, and arrive in time electronically. The City will have no responsibility for bids that do not arrive in a timely manner, no matter what the reason.

Upon closing of the Bid, Bid Results will be available on the City's eProcurement Portal.

In the case of a discrepancy between the electronic bid schedule (pricing) and any uploaded Bid schedule document or pricing, the electronic bid schedule will be the accepted bid.

Steps to Submit Your Electronic Proposal:

To submit an offer to the City, vendor must begin by clicking on the green DRAFT PROPOSAL button.

1. Acknowledge all Addenda

2. Accept City of Pasadena Terms and Conditions Message

3. Answer all required vendor questions.

4. Upload all required forms. Proposer may save their work and return.

5. Review your work and submit proposal when ready.

6. You will receive a confirmation email from OpenGov upon receipt of your bid/proposal.

7. Proposer may withdraw their bid at any time prior to 12:00 pm on Thursday, August 10, 2023.

Note: If an addenda is issued after a response has been submitted, Proposer or bidder must return to take steps below. Failure to do both steps will result in an invalidated offer.

1- Acknowledge the new addenda; and

2- Resubmit your bid through the City's eProcurement Portal.

7. Vendor Registration Instructions & Customer Service information:

Click here to register onto the City's eProcurement Portalhosted by OpenGov.

If you are already registered and need help logging in or retrieving your user information simply click on the blue chat bubble on the lower right hand corner of your screen or contact OpenGov at procurement-support@opengov.com for help at any time.

Customer Service

For assistance with e-bidding or uploading documents: Contact OpenGov via the blue chat bubble on the lower right hand corner of your screen or email at procurement-support@opengov.com.

Monday through Friday 5am - 5pm PST, except statutory holidays-- response time is typically less than ten minutes.

9. SUBMITTALS/CHECKLIST

The following list is provided for the convenience of both you and the City and to help eliminate errors and omissions which may render your bid unacceptable. Please review this Checklist section. Ensure that all forms required at the time of bid are included with your bid proposal in and through this portal.

Training Resources for Vendors:

Videos:

Instructions for the new eProcurement System: The following link https://help.procurement.opengov.com/en/articles/5815468-opengov-procurement-vendor-trainingwill include video instructions for using the new system.

Screen Shots:

1) Registering for a new account - Vendor Registration

2) Update profile - company and user, email, logo

3) Subscribing for an agency's notifications - Using the Network Tab https://procurement.opengov.com/portal/pasadena mailto:procurement-support@opengov.com mailto:procurement-support@opengov.com https://help.procurement.opengov.com/en/articles/5815468-opengov-procurement-vendor-training https://help.procurement.opengov.com/en/articles/5815468-opengov-procurement-vendor-training https://help.procurement.opengov.com/en/articles/5815468-opengov-procurement-vendor-training https://help.procurement.opengov.com/en/articles/2482165-vendor-registration http://help.procurenow.com/en/articles/2482226-updating-company-information https://help.procurement.opengov.com/en/articles/3955963-how-to-subscribe-to-organizations-and-find-active-rfps-bids

4) Following a project

5) How to respond to a bid, submit a bid, or No bid?

6) Get Notifications

7) Managing Addenda

8) OpenGov Procurement Support

1. Forms AA1; AA2; and AA3* The following list is provided for the convenience of both you and the City and to help eliminate errors and omissions which may render your bid unacceptable.

• VENDOR QUESTIONNAIRE

o AA1; AA2; and AA3 (Optional)

Subsequent to the closing of this solicitation, the selected vendor will be required to provide the following documents within 10 calendar days of being notified, otherwise the submitted proposal may be deemed non-responsive.

• Request for Tax Payer Identification Number and Certification (IRS Form W-9)

• Pasadena Business License (if required)

• Any Required Licenses or Certifications

• All Insurance Required by this Solicitation (If Required) #Insurance Requirements

• REQUIRED_FORMS_-_AAs_111720...

*Response required

2. Relevant Experience Form * Please download the below documents, complete, and upload.

• RELEVANT_EXPERIENCE_FORM.pdf

*Response required

3. Additional Data (if necessary) “Additional Data” shall include any other data the PROPOSER deems essential to the evaluation of the proposal, i.e., letter of reference, other related projects, etc., or other required documents.

4. Insurance Requirements ☐ Yes ☐ No

10. CITY REQUIREMENTS

https://help.procurement.opengov.com/en/articles/2478854-follow-a-project https://help.procurement.opengov.com/en/articles/2478772-how-to-respond-to-a-project https://help.procurement.opengov.com/en/articles/2921877-get-notifications https://help.procurement.opengov.com/en/articles/4413350-managing-addenda https://help.procurement.opengov.com/en/articles/5680392-using-support https://www.irs.gov/pub/irs-pdf/fw9.pdf https://procurement.opengov.com/portal/pasadena/projects/54940?section=undefined https://government-project.s3.us-west-2.amazonaws.com/17824/555d711c-7b67-48fd-a188-4f3c4f1b47d6_REQUIRED_FORMS_-_AAs_11172022.pdf?AWSAccessKeyId=AKIARC2J5PZDGOGWDMYG&Expires=1690888858&Signature=aIkC4e8LXn0ok0xXXG7O%2BAn4j6w%3D&response-content-disposition=attachment%3B%20filename%3D%22REQUIRED_FORMS_-_AAs_11172022.pdf%22 https://government-project.s3.us-west-2.amazonaws.com/17824/88d786ae-a7d7-437d-b5e9-7f7634651e1d_RELEVANT_EXPERIENCE_FORM.pdf?AWSAccessKeyId=AKIARC2J5PZDGOGWDMYG&Expires=1690888858&Signature=sKXsi7LDG8BWZqL8InPHtBJqB54%3D&response-content-disposition=attachment%3B%20filename%3D%22RELEVANT_EXPERIENCE_FORM.pdf%22

There are of 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, 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 at $25,000 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 #Bidder's Submittals/Checklist.

4. SAMPLE CONTRACT

https://procurement.opengov.com/governments/portal/pasadena/projects/54940?section=undefined

A sample of the contract the successful bidder or proposer will be required to enter into with the City is attached hereto and by this reference incorporated herein and made part of these specifications.

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. Protest Procedure

This procedure specifies the process to be utilized by the City of Pasadena in resolving protests regarding this solicitation. In order for a protest to be considered by the City of Pasadena, it must be submitted in accordance with the procedures outlined in the FORMAL SOLICATION PROTEST PROCEDURE found at the following link: (https://ww5.cityofpasadena.net/finance/doing-business-with-the-city/).