Historic_Report_on_the_710_Displacement_(Addendum_#5_Revision).pdf

REQUEST FOR PROPOSALS

FURNISH AND DELIVER

HISTORIC REPORT ON THE 710 DISPLACEMENT

FOR THE

CITY MANAGERS OFFICE

CITY OF PASADENA, CALIFORNIA

Request for Proposals - Historic Report on the 710 Displacement Release Date: Tuesday, June 6, 2023

Attachments:

A - Master Services Contract B - REQUIRED_FORMS_-_AAs_-_SIG-LEGAL-STATUS_-_DECLARATION_OF_NONCOLUSION (27)

C - DISQUALIFICATION_DISCLOSURE (4)

D - CONFLICT_OF_INTEREST (5)

E - Pasadena_Taxpayer_Protection_Amendment_Disclosure (2) G - DESIGNATED REPRESENTATIVESdocx

1. INTRODUCTION

1. Summary

PROJECT OVERVIEW

State Route 710 (SR 710) North Stub Historical Background

This section of the SR-710 North was constructed over several years in the early 1970s and displaced at least 4,000 residents and resulted in the demolishment of some 1,500 homes and commercial and institutional buildings. A majority of the homes were owned or rented by low income residents and people of color.

SR-710 North Stub Relinquishment Background

CITY PARTICIPATION

The consultant will be expected to develop materials and maps for project meetings and workshops, and identify assistance needed from the City with community outreach, translation/interpretation needs, and dissemination and distribution of materials (such as announcements, newspaper ads, etc.). The City will provide written comments on the administrative drafts of all requested documents prior to finalization.

TIME IS OF THE ESSENCE AND EACH TASK MAY BE BID SEPARATELY

All respondents shall submit a clear and detailed timeline for each TASK that is bid

on. Consultants may bid on 1, 2 or all 3 Tasks. The City will score each Task from each respondent separately, and therefore may select 1, 2 or 3 consultants to perform the work.

2. Background

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

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

On November 18, 1964, the California Highway Commission determined the routing for the final five (5) miles of the SR 7 freeway – now known as the SR 710 – through the communities of El Sereno, South Pasadena, and Pasadena to complete the adoption of the Long Beach Freeway.

While the freeway never materialized in El Sereno and South Pasadena, the SR 710 northern interchange was constructed in the City of Pasadena in the early 1970s, resulting in the Northern Stub. The construction of this stub displaced thousands of residents and divided a residential community from an active central business district.

Following decades of planning and discussion regarding the future of the SR 710 freeway connection, in 2018, Caltrans identified the Transportation System Management/Transportation Demand Management as the locally preferred alternative that would facilitate local, multi-modal capacity enhancement projects. However, this action alone did not preclude the possibility of a future 710 North freeway connection.

Through a collaborative multi-year effort with Caltrans and aided by State legislation, the relinquishment of the SR 710 Northern Stub transportation network, from Union Street to Columbia Street was approved by the California Transportation Commission on June 29, 2022, and ownership was transferred to the City of Pasadena on August 15, 2022.

The goal of this project is to document the displacement of the established community formerly located within the relinquished area – and to the extent feasible, surrounding areas. The project also seeks documentation regarding freeway expansion at the national and regional level as well as background on the impacts of construction of the SR 210 Freeway. The City seeks to understand the impacts that Freeway expansion has had on our community. The project shall incorporate a rigorous data collection and analysis of the SR 710, including but not necessarily limited to, the demographic make-up of the people who were displaced, as well as the number and types of buildings that were removed (commercial, institutional, multi-family residential, single-family residential, etc.). The report shall document the laws, practices, cultural environment, and other influences that existed at the time that may have resulted in racial discrimination and segregation in Pasadena. The project also seeks to include an oral history of this time as may be told from many vantage points: people who were displaced or family members of displaced residents; people who lost community connections as businesses they patronized, schools they attended and/or places they worshipped were displaced; people who may have had knowledge of the displacement but were not directly impacted; or other oral history that may be relevant to this time period and the impacts associated with it.

3. Contact Information

Deadline for Questions

The deadline to submit questions related to this solicitation is Thursday, June 15, 2023, prior to 3:00 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.

David Reyes Assistant City Manager Email: davidreyes@cityofpasadena.net Phone: (626) 744-7371 Department:

City Managers Office mailto:davidreyes@cityofpasadena.net tel:(626)744-7371

4. Timeline

Release Project Date June 6, 2023

Pre-Proposal Meeting (Non-Mandatory) June 15, 2023, 3:00pm Via Zoom Join Zoom Meeting https://us02web.zoom.us/j/82001606621?pwd=VlI zYWg0TnR3Y1hrK3A0ZmlPOVI2dz09

Meeting ID: 820 0160 6621 Passcode: 219080 One tap mobile +16699006833,,82001606621# US (San Jose)

16694449171,,82001606621# US

Dial by your location +1 669 900 6833 US (San Jose)

+1 669 444 9171 US

+1 719 359 4580 US

+1 253 205 0468 US

+1 253 215 8782 US (Tacoma) +1 346 248 7799 US (Houston) +1 301 715 8592 US (Washington DC)

+1 305 224 1968 US

+1 309 205 3325 US

+1 312 626 6799 US (Chicago)

+1 360 209 5623 US

+1 386 347 5053 US

+1 507 473 4847 US

+1 564 217 2000 US

+1 646 931 3860 US

+1 689 278 1000 US

+1 929 205 6099 US (New York) Meeting ID: 820 0160 6621 Find your local number:

https://us02web.zoom.us/u/kd2HVtAsRP

Question Submission Deadline June 15, 2023, 3:00pm

Proposal Submission Deadline September 20, 2023, 3:00pm https://us02web.zoom.us/j/82001606621?pwd=VlIzYWg0TnR3Y1hrK3A0ZmlPOVI2dz09 https://us02web.zoom.us/j/82001606621?pwd=VlIzYWg0TnR3Y1hrK3A0ZmlPOVI2dz09 https://us02web.zoom.us/u/kd2HVtAsRP

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. Electronic Submission and Delivery Instructions

Parties interested in responding are required to submit proposals electronically through the City of Pasadena's eProcurement Portal no later than 3:00 pm on Wednesday, September 20, 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," "Additional Data," and "Statement of Qualifications" can be no more than 50 grand total pages.

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

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

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

3. 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 “Submittals/Checklist.”

https://procurement.opengov.com/portal/pasadena https://procurement.opengov.com/portal/pasadena/projects/47897?section=398609 https://procurement.opengov.com/portal/pasadena/projects/47897?section=398614 https://procurement.opengov.com/portal/pasadena/projects/47897?section=398609

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.

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 Submittals/Checklist. No Pricing shall be included in this part.

PRICE PROPOSAL.

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

A contract will not be awarded to a consultant without an adequate financial management and accounting system as required by 48 CFR Part 31 and 2 CFR Part 200.

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

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

performance of each and every portion of the work

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

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

https://procurement.opengov.com/portal/pasadena/projects/47897?section=398614

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

SCOPE OF WORK;

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

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

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

4. Pre-Proposal Meeting

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

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

5. 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.

6. Addenda

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

Any interpretation or correction of City specifications will be made only by addendum, duly issued by the City representative(s) identified in 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 ,Historic Report on the 710 Displacement, 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.

https://procurement.opengov.com/portal/pasadena/projects/47897?section=398607 https://procurement.opengov.com/portal/pasadena

3. SCOPE OF WORK

1. SCOPE OF SERVICES

TASK 1. HISTORICAL DATA/SETTING

The purpose of this task is to frame the discussion of the impacts of Freeway expansion by completing the following tasks:

• Task 1.1: Research applicable resources and document the rise of freeway construction and expansion in the United States, California and the Southern California region; and provide this historical context as backdrop to the below Tasks.

• Task 1.2: Document the specific history and construction of the SR 710 and the opposition to its completion by Pasadena and neighboring cities.

• Task 1.3: Document the construction of the SR 210 Freeway in Pasadena.

• Task 1.4: Document the demographics of the people who were displaced as a result of the SR

710. Document the number and types buildings that were demolished as a result of the SR

710. As available, seek to identify where the people/businesses may have relocated. Use all available data for this task, including but not limited to Census data, Sanborn maps, etc.

• Task 1.5: Document the eminent domain process and any available information/documentation related to that process for the SR 710 project.

Deliverables:

Deliverable 1.1: Complete a report documenting historical trends, practices, and consequences of freeway expansion in the US, the state, and the region. Document history of the SR 7/SR 710 (originally planned to connect Long Beach to Pasadena) and document the efforts to stop its expansion through Pasadena and South Pasadena. Briefly document the construction of the 210 Freeway in (through) Pasadena.

Deliverable 1.2: Complete a report documenting Historical Data related to the SR 710 displacement in Pasadena. The report will, at minimum, identify the number and demographic information of persons displaced (whether from home, business, or institution) as well as the number and types of buildings that were demolished, the eminent domain process (including whether or not fair market and any City action, if any, related to this displacement.

Deliverable 1.3: Compile the above tasks into one written report and present the findings of these reports in an electronic video format such as Powerpoint or similar media at up to five public meetings.

2. ORAL HISTORY PROJECT

TASK 2. ORAL HISTORY PROJECT

The purpose of this task is to bring the statistical data to a human level.

• Task 2.1: Identify potential and existing persons/sources with direct knowledge or experience of the freeway expansion (explain how you will go about this task).

• Task 2.2: Research and review any existing documentation of this qualitative data, oral history, etc.

• Task 2.3: Conduct interviews with persons having knowledge of the people or events surrounding the displacement resulting from freeway expansion and solicit photographs, newspaper clippings, and other artifacts or documents.

• Task 2.4: Transcribe the interviews

Deliverables:

Deliverable 2.1: Provide audio and/or video recordings of interviews.

Deliverable 2.2: Provide a document combining all interview transcriptions into a single document.

Deliverable 2.3: Present the summary of these interviews in electronic video format such as PowerPoint or similar media at up to five public meetings.

3. IMPACTS OF FREEWAYS ON SEGREGATION IN PASADENA

TASK 3. IMPACTS OF FREEWAYS AND OTHER MECHANISMS ON SEGREGATION IN PASADENA

The purpose of this task is to better understand and learn from the historical and current demographic segregation in Pasadena and how the freeways and other mechanisms have fostered this outcome. This information will be used to inform future decision making.

• Task 3.1: Document demographic data in the city by census tract over time, from 1950 to present.

• Task 3.2: Document changes in demographic data prior to and after the SR710 “displacement.”

• Task 3.3: Document changes in demographic data prior to and after the construction of the 210 Freeway.

• Task 3.4: Document other institutional policies, practices or projects that may have contributed to segregation and/or negative outcomes such as but not limited to: racial covenants; redlining; zoning; the construction of the Parsons campus; the expansion/development of the Ambassador College/World Wide Church of God.

Deliverables:

Deliverable 3.1: Prepare a report that compiles the above information into a cohesive document supported by factual data.

Deliverable 3.2: Present the findings of these report in electronic video format such as PowerPoint or similar media at up to five public meetings.

4. COMPENSATION

All consultants who respond to this RFP should propose a “Not to Exceed” maximum dollar amount which will be the maximum cost to complete the project scope, including expenses and sub-consultant work, broken down by task.

4. 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.

The weighted scoring in the Evaluation Criteria prioritizes the factors most important for this solicitation. A winner will be chosen based on the Total Average points of all evaluators across all scoring factors.

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.

For City Departments: 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.

For Operating Companies (such as the Rose Bowl): Any contract resulting from this RFP, if less than $75,000, shall not be effective until approved by the top executive official of the Operating Company. Any contract resulting from this RFP, if $75,000 or more, shall not be effective until approved by the Board of the Operating Company.

2. Separate Review of Technical, and Price Proposals

The Technical Proposal and the Price Proposal will be evaluated separately. First will be all non-price qualifications including but not limited approach, experience, all Required Forms, litigation history, responsiveness, and all elements related to the non-price evaluation factors in the Evaluation Criteria (#Evaluation Criteria). The City may utilize separate evaluation committees to review the Technical and Price elements.

3. Split Award

Proposals will be evaluated and awarded independently for each Group listed below, the contract awards will be made to the highest scoring proposal for each Group. Vendors may respond to any of the Group listed below:

• Group One: HISTORICAL DATA/SETTINGThe purpose of this task is to frame the discussion of the impacts of Freeway expansion by completing the following tasks:

https://procurement.opengov.com/portal/pasadena/projects/47897?section=undefined o Task 1.1: Research applicable resources to document the rise of freeway construction and expansion in the United States, California and the Southern California Region.

o Task 1.2: Document the history and construction of the SR 710 and the opposition to its completion by Pasadena and neighboring cities..

o Task 1.3: Document the construction of the 210 Freeway in Pasadena.

o Task 1.4: Document the demographics of the people that were displaced as a result of the SR 710. Document the number and types buildings that were demolished as a result of the SR 710. Use all available data for this task, including but not limited to Census data, Sanborn maps, etc.

o Task 1.5: Document the eminent domain process and any available information/documentation related to that process for the SR 710 project.

• Deliverables:Deliverable 1.1: Complete a Memo documenting a brief history of freeway expansion in the US, the state and the region. Document history of the SR 7/SR 710 (originally planned to connect Long Beach to Pasadena and document the efforts to stop its expansion through Pasadena and South Pasadena. Briefly document the construction of the 210 Freeway in (through) Pasadena.Deliverable 1.2: Complete a Memo documenting Historical Data related to the SR 710 displacement in Pasadena. The Memo will identify the demographic information of those persons that were displaced (whether from home, business or institution) as well as the number and types of buildings that were demolished, the eminent domain process and any City action, if any, related to this displacement. Deliverable 1.3: Present the findings of these Memos in powerpoint or similar media in 3 public meetings.

• Group Two: ORAL HISTORY PROJECT The purpose of this task is to bring the statistical data to a human level.

o Task 2.1: Conduct interviews with persons having knowledge of the people or events surrounding the displacement resulting from freeway expansion.

o Task 2.2: Transcribe the interviews

• Deliverables:Deliverable 2.1: Provide audio recordings of interviews.Deliverable 2.2:

Provide a document combining all interview transcriptions into a single document. Deliverable 2.3: Present the summary of these interviews in powerpoint or similar media in 3 public meetings.

• Group Three:IMPACTS OF FREEWAYS ON SEGREGATION IN PASADENAThe purpose of this task is to better understand the historical and current demographic segregation of Pasadena and how the freeways and other mechanisms fostered this outcome. A goal is to ensure that future decisions are informed by past practices.

o Task 3.1: Document demographic data in the city by census tract over time, from 1950 to present.

o Task 3.2: Document changes in demographic data prior to and after the SR710 “displacement.”

o Task 3.3: Document changes in demographic data prior to and after the implementation of the 210 Freeway.

• Deliverables:Deliverable 3.1: Prepare a memo that compiles the above information into a cohesive document supported by factual data.Deliverable 3.2: Present the findings of these Memos in powerpoint or similar media in 3 public meetings.

The contract award for each Group will be made from among responsive and responsible proposers.

5. 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.

6. GENERAL REQUIREMENTS

1. Standard terms and conditions

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

2. Firm commitment of availability of service

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

3. Reservations

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

4. 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.

5. 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.

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

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

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

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

8. Request for Proposal (RFP) quantities:

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

9. CHANGE ORDER MANAGEMENT

CHANGE ORDER MANAGEMENT

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

10. 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 formto the City Clerk’s Office if the contract is to be awarded by the City Council via e-mail: OfficialRecords- CityClerk@Cityofpasadena.net or by fax: (626) 744-3921, and submit a copy with the response package.

For more information please go to: https://www.cityofpasadena.net/city-clerk/disclosure-reportsax-payer-protection-act-tpa/

11. CONFLICT OF INTEREST STATEMENT ** REVIEW

https://www.cityofpasadena.net/city-clerk/wp-content/uploads/sites/21/TPA-Disclosure-Form-Non-Land-Use-contracts-and-all-others.pdf?v=1657730649410 mailto:OfficialRecords-CityClerk@Cityofpasadena.net mailto:OfficialRecords-CityClerk@Cityofpasadena.net https://www.cityofpasadena.net/city-clerk/disclosure-reportsax-payer-protection-act-tpa/ https://www.cityofpasadena.net/city-clerk/disclosure-reportsax-payer-protection-act-tpa/

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

Proposers must complete and submit the following Form: Conflict of Interest Statement

12. Contract Duration

The initial term of the Contract resulting from this proposal is for one year from the date the City executes the contract. The compensation set forth in the Proposal shall remain valid and in effect during the initial term of the contract. No optional extension periods will be included with this contract.

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

The Levine Act precludes an officer of a local government agency, including an elected official, from participating in the award of a contract if he or she receives any political contributions totaling more than $250 in the 12 months preceding the pendency of the contract award, and for 12 months following the final decision, from the person or company awarded the contract.

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

14. PRICE ADJUSTMENTS

At the conclusion of the first contract year and prior to the commencement of the second contract year or any subsequent contract extension period, the contractor may request unit price increases. Under no circumstances shall the City accept price increases, which exceed the rate of the then current Consumer Price Index (C.P.I.) for the latest available preceding 12 month period.

7. CITY REQUIREMENTS

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.

1. 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.

2. Declaration of Non-Collusion by Contractor

This form is only applied for formal solicitations at $25,000 or more.