Office_Furniture_&_Modular_Cubicles_(Addendum_#1_Revision).pdf

REQUEST FOR PROPOSALS

FURNISH AND DELIVER

OFFICE FURNITURE & MODULAR CUBICLES

FOR THE

WATER & POWER DEPARTMENT

CITY OF PASADENA, CALIFORNIA

Request for Proposals - Office Furniture & Modular Cubicles Release Date: Thursday, February 29, 2024

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

H - RELEVANT EXPERIENCE FORM

J - PWP-Phase1-Floorplan L - PWP-Phase2-Floorplan-Updated M - PWP-Phase-I-CAD-Base-Floorplan N - PWP-Phase-II-CAD-Base-Floorplan

1. Introduction

1. Summary

Pasadena Water & Power Offices at 150 S. Los Robles Avenue.

Pasadena Water & Power (PWP) is seeking proposals for the purchase and installation of modular cubicles and furniture for its offices. The scope of work includes providing new or gently used high-quality modular cubicles and office furniture. The Contractor will be responsible for designing the layout of the cubicles to fit the room specifications provided by PWP. The Contractor will also be responsible for delivery and assembly/installation of cubicles and furniture, including placement in the offices as per PWP's request.

Floorplans will be provided in the "Attachments" section. Room and measurement specifications are approximate. Floorplans are not to scale. While Contractor is expected to propose a layout design, PWP reserves the right to make modifications to the final layout. PWP prefers cubicles and furniture that are in stock and can be delivered/installed within ten (10) business days of order.

There will be a pre-proposal meeting scheduled at the PWP offices for Contractors to view the spaces and take measurements.

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.

Founded in 1912, PWP is a municipally-owned water and electric utility governed by Pasadena’s elected Mayor and seven-member City Council. PWP’s electric service area encompasses approximately 23 square miles. PWP is under the management and control of the City Manager, subject to the powers and duties vested in the City Council, and is supervised by the General Manager who is responsible for design, construction, maintenance and operation of the water and electric utilities. PWP is responsible for the Electric System and the City’s Water System.

Select portions of PWP's offices are in the process of being renovated to better accommodate staff and the public. Renovation will occur in two phases. For Phase I, there is immediate need for design and furnishing of one office consisting of approximately 1,200 square feet. Installation must be completed within thirty (30) days of contract signing. Phase II will require design and furnishing of an approximately 4,300 square-foot section of one (1) floor at PWP's offices. This will consist of planning, purchase and installation of cubicles and furniture for up to fifty-four

(54) staff members. Expected completion date for second phase construction will occur between July, 2024 and December, 2024.

3. Timeline

Release Project Date February 29, 2024

Pre-Proposal Meeting (Non-Mandatory) March 14, 2024, 10:00am

Agenda

PWP - Large Conference Room

Question Submission Deadline March 25, 2024, 3:00pm

Proposal Submission Deadline April 8, 2024, 3:00pm https://government-project.s3.amazonaws.com/82653/4a5bbda1-28a5-4431-9f94-710ab436ee67_office_furniture_modular_cubicles-2024-02-29-00-33-56.pdf

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 Monday, April 8, 2024. 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 100 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/82653?section=737546 https://procurement.opengov.com/portal/pasadena/projects/82653?section=737552 https://procurement.opengov.com/portal/pasadena/projects/82653?section=737546

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.

Reference SAMPLE 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. Using the attached Price Proposal in this RFP, 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/82653?section=737552

• 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 ,Office Furniture & Modular Cubicles, 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/82653?section=737544 https://procurement.opengov.com/portal/pasadena

3. Scope of Work

1. Scope of Work: Design Layout Planning, Purchase of Modular Cubicles and Furniture, and Installation

A. Summary

Pasadena Water & Power (PWP) is seeking proposals for the purchase and installation of cubicles and furniture for its offices. The scope of work includes providing new or gently used high-quality office cubicles and furniture. The Contractor will be responsible for designing the layout of the cubicles to fit the room specifications provided by PWP. The Contractor will also be responsible for delivery and assembly/installation of cubicles and furniture, including placement in the offices per PWP's request.

Floor plans will be provided in the "Attachments" section. Room and measurement specifications are approximate. While Contractor is expected to propose a layout design, PWP reserves the right to make modifications to the final layout. PWP prefers cubicles and furniture that are in stock and can be delivered/installed within ten (10) business days of order.

2. Service Requirements

The Contractor shall provide the following services:

1. Design Layout: The Contractor shall work closely with PWP to design the layout of the cubicles based on the provided room specifications. The layout should maximize the available space and facilitate efficient workflow.

2. Product Selection: The Contractor shall provide a catalog or website with a wide range of office furniture options for PWP to choose from, should it decide to make changes to Contractor's suggested design. The catalog or website shall include detailed specifications, pricing, and images for each product.

3. Product Delivery: The Contractor shall be responsible for the timely delivery of all office furniture and cubicles to the designated location within the City of Pasadena, CA.

4. Installation: The Contractor shall assign a skilled installation team to assemble and install all office furniture and cubicles according to the approved design layout. The installation team shall follow all safety protocols and ensure that the installation meets the highest quality standards.

5. Customer Support: The Contractor shall offer ongoing customer support to address any issues or concerns regarding the office furniture or cubicles after installation. The Contractor shall respond promptly to service requests and provide prompt resolutions.

6. Project Manager: Contractor shall appoint a project manager and a primary relationship contact for PWP. These can be the same individual.

3. Renovation Phases

Select portions of PWP's offices are in the process of being renovated to better accommodate staff and the public. Renovation will occur in two phases. For Phase I, there is immediate need for design and furnishing of one office consisting of approximately 1,200 square feet. Installation must be completed within thirty (30) days of contract signing. Phase II will require design and furnishing of an approximately 4,300 square-foot section of one (1) floor at PWP's offices. This will consist of planning, purchase and installation of cubicles and furniture for up to fifty-four

(54) staff members. Expected completion date for second phase construction will occur between July, 2024 and December, 2024.

A. Phase I

The 1,200 square foot office consists of two (2) small offices (8' x 10' each), one (1) small meeting room (8' x 10'), and an open area with a small sitting area, dry kitchen and space for cubicles. PWP requires Contractor to provide a design layout for up to four (4) cubicles, and furniture for one (1) small sitting area. Power supply to the cubicles is via "power whip" and wall outlets located along the northern wall of the office. PWP will also require Contractor to propose furnishings for the two (2) small offices and the one (1) small meeting room.

B. Phase II

The 4,300 square-foot section consists of two open areas of approximately 1,700 square feet of available open space (85' x 20') and 320 square feet of open space (16’ x 20’), six small offices (various sizes), and one small meeting room. PWP will require Contractor to provide a design layout for up to forty-two (42) cubicles and furniture for six (6) small offices and one (1) meeting room. Power supply to cubicles will be distributed overhead from the ceiling.

4. Minimum Specifications

To summarize, PWP is currently looking for solutions for up to forty-six (46) cubicles across three

(3) open space areas and furniture for eight (8) small offices, two (2) small meeting rooms and one (1) sitting area.

A. Cubicles

PWP is looking for cubicle workstations that will maximize privacy for staff members while minimizing the footprint of each assigned desk. It is anticipated that each cubicle shall include a desk (preferably L-shaped) with hutch and drawers and noise reducing privacy partitions. Cubicle walls should be at least five (5) feet high. Cubicle desks should be at least six (6) feet wide on one side. Each cubicle should also be provided a removable plastic floor mat for office chairs. Cutouts for ergonomic monitor arms are preferred but not required. Integrated task lighting is optional.

B. Office Furniture

PWP is looking to furnish each office with an L-shaped desk with hutch and drawers. Each office should have at least one (1) guest chair, and should also be provided a removable plastic floor mat for office chairs. Cutouts for ergonomic monitor arms are preferred but not required.

Integrated task lighting is optional.

C. Meeting Room Furniture

For the Phase I meeting room, PWP requires a conference table for four (4) seats, with four (4) conference room chairs. For the Phase II meeting room, cutouts for power supply are preferred but not required.

D. Seating Area

For the seating area, PWP requires seating for six (6) to eight (8) people. Acceptable furnishings would include modular waiting area seating or a sofa/loveseat and armchair set. A coffee table or small conference table should also be included. Rugs or decorative accessories would be welcome but are not required.

E. Optional Furnishings

At its discretion, Contractor may suggest additional furnishings such as seating, desk lamps, bookcases, storage, dry erase boards, bulletin boards, acoustic panels, coat racks or decorative accents.

F. Excluded Items

Office furniture must not include office chairs for individual desks, but will still include guest chairs, conference chairs and sofas. Specifications will not include electronics of any kind, other than optional lighting or cabling for power supply.

G. Design Layout

Contractor shall provide a layout solution for the items requested, based on provided room specifications. The layout should maximize the available space and facilitate efficient workflow.

Once selected, Contractor shall work closely with PWP to execute proposed layout and make any modifications as PWP deems necessary.

5. Detailed Specifications

The following specifications must be met for the office furniture and cubicles:

1. The office furniture shall be made of durable materials to ensure longevity and withstand daily use.

2. The cubicles shall be modular and customizable to accommodate various office layouts and configurations.

3. The cubicles shall provide sufficient storage options, such as filing cabinets and shelves, to meet the needs of PWP employees.

4. The cubicles shall be ergonomically designed to ensure the comfort and well-being of the employees.

5. The office furniture shall comply with all applicable safety and ergonomic standards, including but not limited to ANSI/BIFMA standards.

6. The color and finish of the office furniture shall be aesthetically pleasing and suitable for a professional office environment.

7. The cubicles shall include soundproofing features to minimize noise distractions.

8. The office furniture shall be easy to clean and maintain.

9. Any used items must be in like-new condition, fully functional and include all original and necessary components.

10. All cubicles and furniture must be free of cracks, tears, rips, dips, stains, odors, rust or excessive markings.

11. Price proposal must include maximum amount of cubicles and furnishings referenced in this solicitation.

12. Cubicle and furniture design layout should allow for acceptable ingress/egress on foot pathways.

6. Form of Proposal

In addition to any required documents or forms, Contractor must submit the following items as part of its proposal:

Technical Proposal

• Contractor must propose one layout per Phase. Phases I and II must be submitted simultaneously as part of the proposal. Submission of a proposal addressing one phase only may be considered nonresponsive.

• Legible drawing of proposed design layout of four (4) cubicles within "open space" areas of Phase I office, and proposed layouts for sitting area, individual offices and meeting room.

• Legible drawing of proposed design layout of forty-two (42) cubicles and furniture within "open space" areas of Phase II office, and proposed layouts for individual offices and meeting room.

• Design layout details should include office and wall detail, placement of cubicles, desks and waiting area seating, based on provided floorplans.

• Text on design layout can be decreased to fit drawing.

• Itemized list of proposed cubicles and furniture for Phase I office, indicating if new or used and including brand, model, dimensions, colors, proposed shipping/delivery time (in calendar days) and proposed installation time (in hours).

• Itemized list of proposed cubicles and furniture for Phase II office, indicating if new or used and including brand, model, dimensions, colors, proposed shipping/delivery time (in days) and proposed installation time (in hours).

• Recent photos of any used cubicles or furniture that are proposed.

• Drawings may be done by computer or by hand and submitted as a PDF or image file (jpeg, gif, etc.).

• Itemized lists must be provided in Word or PDF format, or in Excel format (preferred).

• Name and contact of proposed Project Manager and designated primary relationship contact.

Price Proposal

• Price proposal must include quantities and unit price of each item.

7. Projected Requirements/Estimated Quantities

The quantities specified in this solicitation are estimates only and are given for the information of bidders and for the purpose of bid evaluation. They do not indicate the actual quantity that will be ordered since the actual volume will depend upon requirements that develop during the contract period. Quantities may be increased or decreased as needed.

8. Sales/Delivery Tickets

All orders placed shall be supported by the Contractor’s sales/delivery ticket. Contractor’s sales/delivery ticket shall contain the following information:

• Contractor’s Name

• Purchase Order Number

• Date of Purchase

• Itemized list of items furnished and/or services performed

• Quantity, unit price, and extension of each item and/or services ordered and/or performed

• Name of authorized employee who placed the order

9. Delivery Requirements

The Contractor shall adhere to the following delivery requirements:

1. Office furniture and cubicles shall be delivered and installed within ten (10) business days from the date of order.

2. The Contractor shall coordinate delivery schedules with PWP to ensure minimal disruption to daily operations.

3. Contractor shall keep delivery costs to a minimum. Bundle delivery of items is preferred when practicable. Availability of optional items should not hold up delivery of required items.

4. Delivery personnel shall handle the office furniture and cubicles with care and professionalism to avoid any damage during transportation.

5. The Contractor shall provide delivery tracking information to PWP to monitor the progress of the delivery.

6. In case of any delays or unforeseen circumstances that may affect the delivery timeline, the Contractor shall promptly notify PWP and provide an updated delivery schedule.

7. All deliveries must be made during normal business hours (Monday through Thursday and alternating Fridays between 8:00 a.m. and 4:00 p.m.). Unless specifically requested, no deliveries shall be made after business hours, on weekends, or on any day considered a holiday by the City of Pasadena.

10. Cancellation of Orders

Orders placed under this contract are for readily available supplies. Time is of the essence in furnishing the item ordered. PWP reserves the right to cancel the order and/or to refuse delivery if the item ordered is not furnished within the period for time specified in the contract, or if the item does not meet the quality requirements specified herein.

11. Invoices

Contractor must submit invoices for payment electronically through the City of Pasadena's vendor portal within seven days after the delivery date. Each invoice must include appropriate supporting documentation including purchase order number, order date, delivery location and PWP staff name, and proof of delivery or service.

12. Subcontractors

Use of subcontractors must be clearly explained in the proposal, and major subcontractors must be identified by name. Primary Contractor shall be wholly responsible for the entire performance whether or not subcontractors are used.

4. Sample Price Proposal

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

INSTRUCTIONS:

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

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

B. performance of each and every portion of the work

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

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

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

SCOPE OF WORK;

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

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

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

PWP OFFICE RENOVATIONS

Please include quantity and unit price for each item.

Line Item Description Quantity Unit of Measure

Unit Cost Total

1 Space Planning - Phase I Each

2 Space Planning - Phase II Each

3 Cubicles - Phase I Each

4 Cubicles - Phase II Each

5 Office Desks - Phase I Each

6 Office Desks - Phase II Each

7 Conference Table - Phase I Each

8 Conference Table - Phase II Each

9 Conference Chairs - Phase I Each

10 Conference Chairs - Phase II Each

11 Guest Chairs - Phase I Each

12 Guest Chairs - Phase II Each

13 Chair Mats - Phase I Each

14 Chair Mats - Phase II Each

15 Coffee Table - Phase I Each

16 Sofa - Phase I Each

17 Loveseat - Phase I Each

18 Waiting Area Seating - Phase I Each

19 Optional Decorative Item - Phase I Each

20 Optional Decorative Item - Phase II Each

21 Delivery - Phase I Each

22 Delivery - Phase II Each

23 Installation - Phase I Each

24 Installation - Phase II Each

25 Sales Tax (10.25%) Each

TOTAL

5. 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. PREVAILING WAGE RATE PROJECT:

The prevailing wage rate provisions of Section 1770-1777 of the Labor Code and Section 7-2, entitled "Labor", of the Standard Specifications shall apply to this project. However, if there is a difference between the Pasadena Living Wage and Prevailing Wage rates for similar classifications of labor, the contractor and his subcontractors shall pay no less than the highest wage rate.

9. NOTICE REQUIREMENTS:

No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

10. 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.

11. 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.

12. 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/

13. REBATES, KICKBACKS, OR OTHER UNLAWFUL CONSIDERATION

Consultant agrees to comply with and abide by: (i) the terms of the Davis-Bacon Act, codified at 40 U.S.C. § 3141 et seq., as supplemented by regulations at 29 CFR Part 5, and that such terms and regulations are a part of this RFP and incorporated herein by this reference; and (ii) the terms of the Copeland “Anti- Kick Back” Act, codified at 40 U.S.C. § 3145 et seq., as supplemented by 29 CFR 3, and that such terms and regulations are a part of this RFP and incorporated herein by this reference.

14. CONFLICT OF INTEREST STATEMENT ** REVIEW

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 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/

15. 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.

16. RELEVANT EXPERIENCE

Provide experience for two projects/contracts of similar scope and size. Complete and submit the attached Relevant Experience Form with your proposal to demonstrate experience with projects/contracts of similar scope and size to that which is to be performed.

17. 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.

18. 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.

6. City Requirements

There are 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, PRHB, 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

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. Pasadena Business License

Awarded bidder or proposer may be required to obtain and pay for any required business license under Title 5 of the Pasadena Municipal Code.

• If the business will not come into the City for the purpose of providing services for this contract they are not required to obtain a business license.

• If the business will only be coming into the city no more than 10 times to work on projects, they are charged 33% of the annual tax (5.04.130C)

• If they come into the City more than 10 times they are required to pay the annual fee.

• Any subcontractors used by the awarded bidder or proposer will be required to obtain a license if they will be coming into the City to perform services.

For further information contact Municipal Services Department at (626) 744-4166, Monday- Friday between 7:15 am and 5:15 pm. Additional Information regarding business license fees can be found here: https://www.cityofpasadena.net/finance/licenses/business-licenses/

8. Invoice Submission Portal

Invoice Submission Portal https://procurement.opengov.com/governments/portal/pasadena/projects/82653?section=undefined https://www.cityofpasadena.net/finance/licenses/business-licenses/

The invoice submission process is activated when an invoice is submitted through the Vendor Invoice Portal. Invoices submitted are automatically sent to the department being invoiced for review. Once the city department verifies its accuracy, the department will submit the invoice to Accounts Payable for payment processing. One final review and approval by the department who was invoiced is needed in order for a check to be issued. Checks are issued on Tuesday and Thursday.

How to submit invoices to the City of Pasadena?

Create an account: Visit the City’s Invoice Submission website:

https://invoice.cityofpasadena.net/ and select “Create Account”

Refer to the "Invoice Submission Portal - Vendor User Guide" for detailed instructions.

9. Acceptance of Conditions

By submitting a bid or proposal, each bidder or proposer expressly agrees to and accepts the following conditions:

• All parts of the Instructions to bidder or proposer and Specifications will become part of the Contract between the selected bidder or proposer and the City;

• The City may require whatever evidence is deemed necessary relative to the bidder or proposer financial stability and ability to complete this project;

• The City reserves the right to request further information from the bidder or proposer, either in writing or orally, to establish any stated qualifications;

• The City reserves the right to solely judge the bidder or proposer representations, and to solely determine whether the bidder or proposer is qualified to undertake the project pursuant to the criteria set forth herein. The bidder or proposer, by submitting a bid, expressly acknowledges and agrees that the judgment of the City as to whether or not the bidder or proposer is qualified to perform the project, shall be final, binding and conclusive;

• The City reserves the right to reject all bids, waive any irregularity in any of the bids, or cancel or delay the project at any time;

• This bidding process does not commit the City to award any contract, and the City is not liable for any costs incurred by the bidder or proposer in the preparation and submission of a bid.

10. Award of Bid and Determination of Responsiveness

The contract shall be awarded to the lowest responsive and responsible bidder. In determining whether a bidder is responsible and responsive, the following shall be considered:

• The quality of the material offered;

• The ability, capacity and skill of the bidder to perform the contract or provide the material or services;

https://invoice.cityofpasadena.net/PortalGuide.pdf

• Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference;

• The sufficiency of the bidder's financial resources and the effect thereof on his ability to perform the contract or provide the material or services;

• The character, integrity, reputation, judgment, experience and efficiency of the bidder;

• The quality and timeliness of the bidder's performance on previous orders or contracts for the City;

• Litigation by the bidder on previous orders or contracts with the City;

• The ability of the bidder to provide future maintenance and service where such maintenance and service is essential;

11. Pasadena Living Wage Ordinance

If this purchase includes a service, and the contract total is at $25,000 or more, it is then subject to the City of Pasadena's Living Wage Ordinance, Pasadena Municipal Code Chapter 4.11. The ordinance requires that contractors providing labor or services to the City under contracts in excess of $25,000 pay no less than the City’s Living Wage to all employees who spend any of their time providing labor or delivering services to the City.

The selected contractor will be required to evidence compliance with the Living Wage Ordinance by submitting payroll records as requested by the City. Each record shall include the full name of each employee performing labor or providing services under the contract; job classification; rate of pay and benefit rate.

Failure to comply with the provisions of the Pasadena Living Wage Ordinance is grounds for termination of the contract and a basis for penalties as stated in Pasadena Municipal Code Chapter 4.11. Questions concerning the Pasadena Living Wage Ordinance should be directed to:

Finance Department Purchasing Division 626-744-6755 - phone 626-744-6757 – fax

Please visit https://ww5.cityofpasadena.net/finance/doing-business-with-the-city/ for the current calendar year Pasadena Living Wage rate.

12. Errors and Omissions

Bidders or Proposers shall not be allowed to take advantage of any errors or omissions in the Instructions to Bidders/General Instructions or Specifications/Scope of Work. Full instructions will be given if such error or omission is discovered and timely called to the attention of the City.

13. Patent Fees; Patent, Copyright, Trade Secret, and Trademark Fees

Each bidder or 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.

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

14. Taxes

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

15. Certificate of Insurance

Proof of insurance is not required to be submitted with your bid/proposal, but will be required prior to the City's award of the contract. Refer to the Insurance requirements in the "Insurance Requirements" section of this document.

16. REQUEST FOR TAXPAYER IDENTIFICATION NUMBER AND CERTIFICATION (IRS Form W-9)

The winning proposal/bid may be required to submit a completed and signed IRS Form W-9.

Failure to submit this form may result in the response being deemed non-responsive.

Link: https://www.irs.gov/pub/irs-pdf/fw9.pdf

17. LIMITATIONS ON LIABILITY

Bidders acknowledge that they shall provide the goods and/or services without monetary limitations on liability. If Bidders take exception to this requirement, Bidders shall expressly state any exceptions, including the proposed limits of liability, (a) in detail; (b) as a separate line item;

and (c) not part of any form documents submitted. Bidders acknowledge that any exceptions may result in a finding of non-responsivness.

18. Recycled Product Procurement Mandates Pertaining to Local Governments [22150 - 22154]

This section is only applied when buying paper products.

Beginning January 1, 2022, SB 1383 requires jurisdictions (cities, counties, cities and counties, or special districts that provide solid waste collection services) to purchase recycled-content paper products that are recyclable.

SB 1383 builds upon existing laws that require jurisdictions to purchase products that contain minimum recycled content, and adds additional requirements on product recyclability and recordkeeping.

All vendors providing Paper Products and Printing and Writing Paper shall:

• Provide products that contain no less than 30% minimum recycled content and…