On-Call_Geotechnical_Engineering_Services.pdf

REQUEST FOR PROPOSALS

FURNISH AND DELIVER

ON-CALL GEOTECHNICAL ENGINEERING SERVICES

FOR THE

PUBLIC WORKS DEPARTMENT, ENGINEERING

CITY OF PASADENA, CALIFORNIA

Request for Proposals - On-Call Geotechnical Engineering Services Release Date: Thursday, August 17, 2023

Attachments:

A - Master Services Contract B - LAPM_10-H2_-_OnCall_Sample_Cost C - REQUIRED_FORMS_-_AAs_-_SIG-LEGAL-STATUS_-_DECLARATION_OF_NONCOLUSION (27)

D - DISQUALIFICATION_DISCLOSURE (4)

E - CONFLICT_OF_INTEREST (5)

G - Pasadena_Taxpayer_Protection_Amendment_Disclosure (2) H - DESIGNATED REPRESENTATIVESdocx

K - PROOF_OF_AUTHORITY (2)

L - Civil_Litigation_History_Certification (2)

1. INTRODUCTION

1. Summary

The City desires to procure services of a maximum of three outside organizations to help the City with its geotechnical engineering needs for a wide variety of Capital Improvement Projects that range in project cost. Such services include, but are not limited to: geotechnical engineering services, including soils and geologic exploration, analysis, and recommendations in conjunction with project design and all services that are customarily rendered for code and QA/QC inspection including special inspection of construction trades work, geotechnical monitoring and testing, investigations and analyses and various materials sampling, testing, and inspection. At least 5 years of experience providing similar services for a variety of projects that range in magnitude and scope, as is characteristic of on-call contracts, is required to oversee the work, stamp, and sign all project related documents as required for city-owned building and infrastructure projects.

2. Contact Information

Tiffiny Chen Engineer Email: tchen@cityofpasadena.net Phone: (626) 744-6771 Department:

Public Works Department, Engineering

3. Timeline

Release Project Date August 17, 2023

Question Submission Deadline September 7, 2023, 2:00pm

Proposal Submission Deadline September 14, 2023, 2:00pm mailto:tchen@cityofpasadena.net tel:(626)744-6771

2. GENERAL INSTRUCTIONS

1. NOTICE REGARDING DISCLOSURE OF CONTENTS OF DOCUMENT

All responses to this Request for Proposal (RFP) accepted by the City of Pasadena (City) shall become the exclusive property of the City. At such time as the City Manager recommends a contractor to the City Council, and such recommendation, with any recommended contract appears on the Council agenda, all proposals accepted by the City shall become a matter of public record and shall be regarded as public, with the exception of those elements of each proposal which are defined by the contractor as business or trade secrets and plainly marked as "Trade Secret", "Confidential" or "Proprietary". Each element of a proposal which a contractor desires not to be considered a public record must be clearly marked as set forth above, and any blanket statement (i.e. regarding entire pages, documents or other non-specific designations) shall not be sufficient and shall not bind the City in any way whatsoever. If disclosure is required or permitted under the California Public Records Act or otherwise by law, the City shall not in any way be liable or responsible for the disclosure of any such records or part thereof.

2. Funding Source

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

3. Electronic Submission and Delivery Instructions

Parties interested in responding are required to submit proposals electronically through the City of Pasadena's eProcurement Portal no later than 2:00 pm on Thursday, September 14, 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.

4. Separation of Technical, and Price Proposals https://procurement.opengov.com/portal/pasadena https://procurement.opengov.com/portal/pasadena/projects/38651?section=316150 https://procurement.opengov.com/portal/pasadena/projects/38651?section=316151 https://procurement.opengov.com/portal/pasadena/projects/38651?section=316150

The proposal must be prepared in two parts: a "Technical Proposal" and a "Price Proposal." Each of the parts shall be separate and complete in itself so evaluation of one may be accomplished separate from the evaluation of the other.

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

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

5. PRICE PROPOSAL: PRICE Proposal Submittal

Parties interested in responding are required to submit their Price Proposal separate from their Technical proposal through the City's eProcurement Portal as a "Cost File."

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. Price shall include the proposed costs and, if necessary, the approximate number of hours to provide the services as described in your proposal. Any additional fees outside the scope of the agreement must be approved in writing before commencing services for said fees. Vendor’s RFP response must be inclusive of all costs and expenses associated with travel, lodging, and any other incidental costs. The City will not separately reimburse costs not included in the proposal.

6. Pre-Proposal Meeting

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.

7. Definitions https://procurement.opengov.com/portal/pasadena/projects/38651?section=316150 https://procurement.opengov.com/portal/pasadena/projects/38651?section=316151 https://procurement.opengov.com/portal/pasadena/projects/38651?section=316150 https://procurement.opengov.com/portal/pasadena https://procurement.opengov.com/portal/pasadena/projects/38651?section=316154

The words (A) "City", (B) "Department", (C) "Director", or (D) "Contractor", as used in this RFP, shall be understood to refer respectively to (A) the City of Pasadena, California; (B) the several departments therein; (C) the directors of the several City departments; or any of their properly authorized assistants; and ( D) the person, firm or corporation with whom the contract is made by said City or the agent or legal representative who may be appointed to represent such person, firm or corporation in the signing and performance of said contract.

8. Addenda

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

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 ,On-Call Geotechnical Engineering Services, to insure they receive all RFP documents including addendums which are available as a download.

The City reserves the right to change any part of these Instructions to PROPOSERS and Specifications any time prior to Deadline for Submissions. Any changes shall be in the form of addenda and will become a part of the Proposal documents and of the contract.

3. SCOPE OF WORK

1. OBJECTIVE

The City desires to procure services of a maximum of three outside organizations to help the City with its geotechnical engineering needs for a wide variety of Capital Improvement Projects that range in project cost. Such services include, but are not limited to: geotechnical engineering services, including soils and geologic exploration, analysis, and recommendations in conjunction with project design and all services that are customarily rendered for code and QA/QC inspection including special inspection of construction trades work, geotechnical monitoring and testing, investigations and analyses and various materials sampling, testing, and inspection.

Provided as reference is a table of projects where on-call geotechnical engineering services were previously utilized and the associated project costs listed below:

The term of the contract resulting from this proposal shall be a four-year term from the date the City executes the contract, or until the amount of $750,000, is expended, whichever occurs first.

2. GENERAL

The City’s usage of the Consultant’s services are on an as-needed basis such that if the demand is not there, then the services will not be requested. The RFP shall result in a contract award to a maximum of three (3) of the highest scoring Geotechnical Engineering firms that exhibit proficiency in providing the scope of services outlined in Section 3.3 for typical capital improvement projects and facilities in the City of Pasadena. Proposers are encouraged to focus on their areas of strength and are not required to team with a large number of sub-consultants to cover all potential types of projects.

For each work order request, a specific scope of work shall be identified from which the highest scoring Proposer shall be solicited for a cost proposal and detailed scope of services. If the highest scoring Proposer cannot meet the City's requirements, the City shall solicit proposals from the next highest-ranking Proposer (refer to Review and Award Recommendation Process section for more information). Services for each request will be provided on a negotiated fee basis. All cost proposals provided for each work order request shall include, at a minimum, the following:

A. Detailed scope of work

B. Sub-consultant listing

C. Deliverables

D. Schedule

E. Assumptions and exclusions

F. Not-to-Exceed amount

G. Breakdown of staff time

H. Sub-consultant’s proposals that also include all aforementioned items

Each work order shall be awarded through issuance of a Notice to Proceed (NTP) to the lowest responsive Consultant that is also most qualified to perform said work order based on information provided with the cost proposal.

The City has the right to retain other consulting firms at its sole discretion when the City believes there will be an economic or other significant advantage for doing so. No minimum amount of work is guaranteed under these agreements. Compensation will be based on established rates with a not-to-exceed limit agreed upon by both Consultant and City before work begins.

3. SERVICES TO BE PROVIDED

The City desires to obtain the services of a maximum of three outside organizations to assist with Geotechnical Engineering Services for maintenance and capital improvement projects and peer review services. At least 5 years of experience providing similar services for a variety of projects that range in magnitude and scope, as is characteristic of on-call contracts, is required to oversee the work, stamp, and sign all project related documents as required for city-owned building and infrastructure projects.

Typical projects may include:

• Renovation and Tenant Improvements

• Space Planning

• New buildings/parks/facilities

• Additions to existing structures

• Historic preservation

• Complete Streets

• Street resurfacing and/or reconstruction

• Maintenance and repair

• Seismic retrofit buildings, bridges, and accessory structures

Typical facilities may include:

• Community centers

• Parks (i.e. Restroom Buildings, Playgrounds)

• Emergency response facilities (i.e Fire Department and Police Department)

• Libraries

• Municipal service buildings (i.e. Permit Center)

• Parking structures

• Parking Lot

• Storm drain and sewer

• Traffic signals and street lighting

• Complete street

The Consultant shall provide the following services:

A. Administrative Duties

1. Consultant shall attend community meetings and pre-bid conference, if required for the project, and respond to the bidder’s technical questions via addendum that will be prepared by the City’s Project Manager;

2. Make presentations to City Council, public, and other agencies as requested by City staff.

3. Provide litigation support, expert-witness testimony, and conduct geoforensic studies in support of City-related litigation.

4. Provide technical advice to City personnel related to all matters of geotechnical engineering, including but not limited to current building code requirements, State and Federal regulations.

B. Geotechnical Engineering

1. Provide design investigation services, including borings and material testing.

2. Provide design recommendations and structural analysis calculations for foundations, pipe bedding and retaining walls.

3. Perform geological studies, geotechnical testing, geotechnical-engineering evaluation, and design mitigation measures for landslides and publicly-owned properties. Work shall be performed under the direct supervision of a registered California Geotechnical Engineer (GE) and California Certified Engineering Geologist

(CEG).

4. Make recommendations for backfill, excavation, dewatering, utility trenches, drainage, and typical sections for pavement.

5. Preparation of geotechnical reports for City projects.

6. Feasibility evaluation and alternative analysis for City projects.

7. Provide Environmental / Hazardous Waste assessment and remediation services, including soil and groundwater investigations.

8. Prepare annual report summarizing monitoring data and maintenance operations.

Prepare quarterly and annual reports for submittal to the Regional Water Quality Control Board in accordance with NPDES permit requirements.

9. Collect, compile and review field monitoring data. Evaluate data trends and provide periodic communication with City staff regarding data analyses. Maintain databases of monitoring and maintenance records. Provide Geographic Information System and mapping services.

10. Provide hydrogeologic consulting services. Work shall be supervised by a registered California Certified Hydrogeologist (CHG).

11. Geotechnical design including contract plan preparation and development of specifications for City projects.

C. Plan Check/Review

1. Review and evaluate engineering geology and geotechnical engineering reports including, but not limited to, geotechnical sections of Environmental Impact Reports (EIR). Provide the City staff with specific recommendations regarding the acceptability of such reports and provide detailed review comments to bring the report in compliance with City requirements.

2. Review foundation and grading plans for proposed development projects to ensure compliance with applicable geotechnical recommendations.

3. Review “As Built” geotechnical engineering and geological reports for adequacy/completeness.

4. Peer Review of Environmental Site Assessments and Hazardous Materials Issues.

D. Field Inspection Services

1. Provide field observation, recommendations, and reporting as to adequacy / completeness during grading or during other geotechnical aspects of construction projects, as requested by the City. Review field testing procedures being implemented by the developer’s geotechnical consultant, if so requested by the City.

2. Provide construction inspection and testing services for placement of fill, HMA, PCC, and pipe; trenching; and dewatering.

3. Provide special/deputy inspection including, but not limited to, concrete, steel, epoxy anchorage, and welding

4. Provide 24-hour on-call emergency response services as necessary to evaluate existing or pending geological hazards (or damages resulting therefrom) to public or private property, including earthquakes, landslides, mud / debris flows, flooding, fires and other natural hazards. When requested, provide recommendations to the Building Official regarding the necessity for yellow-tagging or red-tagging structures threatened by geological hazards. Coordinate emergency services with FEMA / OES representatives and perform work in accordance with FEMA/OES guidelines in order to ensure maximum recovery of incurred costs.

5. Review construction material submittals and test results, respond to RFIs and draft change orders.

4. SUPPLEMENTAL SERVICES

The aforementioned scope of services shall be considered minimum services to be provided by the Proposer. Proposer may suggest additional services the firm offers and/or Proposer deems applicable to the RFP.

4. EVALUATION CRITERIA

Evaluation of the proposals will be based on a competitive selection process, in which the evaluation of proposals will not be limited to price alone. The capability of the proposer to satisfy the City requirements identified in the Scope of Services, and the experience of the proposer in providing services of this type, size and scope will also be considered in the selection. A minimum of five (5) years of experience providing similar services is required.

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

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

No. Evaluation Criteria Scoring Method Weight (Points)

1. Completeness of Response Responses to this RFP must be complete.

Responses that do not include the proposal content requirements identified within this RFP and subsequent addenda and do not address each of the items listed below may be considered incomplete, be shall be scored accordingly.

Points Based 5 (5% of Total)

2. Qualification and Experience

A. Relevant experience, specific qualifications, and technical expertise of the firm and sub-consultants to conduct geotechnical engineering services on municipal projects related to parks, buildings, bridges, and accessory facilities. Proposer shall demonstrate, at a minimum, successful completion of geotechnical services of three (3) projects that are similar to projects listed in the Scope of Work Section of this RFP which do not meet this minimum requirement will be awarded zero under this evaluation criteria.

1. In order to be considered, experience of Consultant must be projects in which the key staff was with the present firm in the past five years.

B. On-Call Contracts

1. Proposer shows thorough understanding of the nature of on-call contracts and recognizes that a wide variety of work that range from $75,000 to $5 million in total project costs will be requested of the Proposer.

Proposer must treat each work order, regardless of magnitude, with same level of importance and service.

C. Public Sector Experience

1. Team and its leaders have experience working in the public sector and knowledge of public sector procurement process.

2. List experience specific to City of Pasadena projects.

Points Based 35 (35% of Total)

3. Organization and Approach

A. Project and Management Approach.

1. Describes familiarity of project and demonstrates understanding of project scope and project objectives.

2. Team is managed by an individual with appropriate experience in similar projects.

This person’s time is appropriately committed to the project.

3. Project team and management approach responds to project issues. Team structure provides adequate capability to perform both volume and quality of needed work within project schedule milestones.

4. Team demonstrates ability to be responsive to on-call needs.

B. Roles and Organization of Proposed Team and Key Individuals. Provide an organizational chart.

1. Proposes adequate and appropriate disciplines of project team.

2. Some or all of team members have previously worked together on similar project(s).

3. Overall organization of the team is relevant to City of Pasadena needs.

4. Indicate the composition of sub-consultants and number of project staff, number of years in the business, facilities available, location where the work will be performed, and experience of your team as it relates to this project. (Note: Due to the nature of on-call contracts, multiple sub-consultants of similar trades can be presented as an available pool in order to accomplish work orders that can be requested at any time during contract duration. Substitutions of team members or sub-consultants during performance of the contract can also be requested pending approval by the City);

Points Based 25 (25% of Total)

5. Proposed team members, as demonstrated by enclosed resumes, have relevant experience for their role in the project. It is important to note how a particular staff’s expertise is related to the skills or tasks that would be required to provide the best solution and project deliverables

6. Key positions required to execute the project team’s responsibilities are appropriately staffed based on availability and capability. Provide resumes and references for all key team members, including length of employment with the proposing Consultant, registered discipline, as well as California License numbers.

7. If two or more firms are involved in an association or a joint venture for this Project, provide information concerning past associations and outline the working relationship for this Project between the firms, e.g., indicate where management responsibility resides and where quality control, and production coordination will be performed;

4. Scope of Services to be Provided

A. Detailed Scope of Services to be Provided

1. Proposed scope of services is appropriate for all phases of the work.

2. Scope of services addresses all potential project needs.

B. Project Deliverables

1. Deliverables are appropriate to each phase of work for potential project.

Points Based 20 (20% of Total)

5. References

A. Provide a detailed description of a minimum of three (3) projects within the past five (5) years which include the information listed below:

• Project title

• Project description

• Contracting agency

• Contracting agency Project Manager

• Contracting agency contact information

• Contract amount

• Funding source

• Date of contract

• Date of completion

• Consultant Project Manager and contact information

Pass / Fail 5 (5% of Total)

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

Pass / Fail 5 (5% of Total)

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

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

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

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

5. REVIEW AND AWARD RECOMMENDATION PROCESS

1. Review and Award

By submitting a response to this RFP, each Consultant expressly agrees to and accepts the following conditions:

A. The City reserves the right to request further information, either in writing or orally, to establish the stated qualifications.

B. The City reserves the right to solely judge the Consultant’s representations, either written or orally, and to solely determine whether the Consultant is qualified to perform the requested Services. Consultant acknowledges and agrees that the judgment of the City as to whether or not the Consultant is qualified to perform the Project shall be final, binding and conclusive.

C. The City reserves the right to reject all Proposals, waive any irregularity in any of the responses, or cancel the Project at any time.

D. The RFP process does not commit the City to award any contract and the City is not liable for any cost incurred by the Consultant in the preparation and submission of a Proposal.

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

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

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

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

2. On Call Award Recommendation

The City reserves the right to award one or multiple contracts to provide the services associated with this RFP. There is no guarantee of usage, and orders will be placed on an as needed basis.

Thereafter, the City will utilize the following procedures for services detailed in this RFP.

1. For each task order to be fulfilled, regardless of the size, the City shall make its first attempt to the highest scoring proposer only.

2. The City will submit a written order of services to be fulfilled by the highest scoring proposer.

3. The City will make an order of services to be fulfilled by the next highest scoring proposer in the following situations:

• If the highest scoring proposer is unable to fulfill part or all of the task order according to the scope of work in this RFP

• If the highest scoring proposer is non-responsive or does not submit a cost proposal within two weeks of the City's work order request or deadline established by the City representative

• If the highest scoring proposer has shown on awarded work orders that the proposer consistently cannot meet project deadlines or exceeds approved design services budget on two or more projects (exception if the schedule or scope of work is revised by the City)

• If there is not enough remaining budget within the contract to award services to the highest scoring proposer

3. 5.3 Negotiations

After total scores are recorded, the envelopes containing fee schedules and hourly rates will be opened privately. Fee and hourly rate information may be used for discussion purposes and will not be disclosed to other Proposers.

The City will attempt to negotiate a mutually agreeable professional services agreement with the most qualified firm at a price that the City Engineer determines to be fair and reasonable. The City reserves the right to select the firm, which in the City’s sole judgment, best meets the needs of the City. Negotiations will be limited to the fee only; the terms and conditions of the Standard Agreement are not subject to negotiation.

In the event the City is unable to negotiate a satisfactory contract with the firm considered most qualified, negotiations with that firm shall be formally terminated. The City shall then undertake negotiations with the second most qualified firm. Failing to reach accord with the second most qualified firm, the City shall terminate negotiations and commence negotiations with the next most qualified firm, so on and so forth. Should the City be unable to negotiate a satisfactory contract with any of the top five qualified firms, the City shall select additional firms in order of their competence and qualifications and continue negotiations, or take whatever other actions are deemed to be in the best interest of the City.

Upon reaching a satisfactory agreement, a recommendation will be made to the City Council for award of the contract.

A copy of the Standard Form of Agreement is provided in the Attachments for your information only. After award of the contract by the City Council, the City will tender the Agreement to Consultant. Upon receipt of the signed Agreement and all required Exhibits, the City will execute the Agreement. The contract duration and start date shall be expressly written in the Contract.

6. 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 or proposer.

1. Pasadena Operating Companies

If this solicitation is issued by an Operating Company of the City of Pasadena including the Pasadena Center Operating Company; or Rose Bowl Operating Company; or Pasadena Community Access Corporation: In this solicitation, any reference to the City, shall actually refer to the PCOC, or RBOC, or PCAC, e.g. "City" shall refer to the Operating Company, "City Council" to its Board of Directors, and "City Manager" to its Chief Executive Officer.

2. Equal Employment Opportunity in Contracting

Policy - The City of Pasadena is committed to a policy of Equal Employment:

• Contracting. Contractors expressly agree to comply with the City’s ordinances and regulations regarding Equal Opportunity Employment as well as regulations that may be mandated by the source of the funds supporting this contract.

Compliance – To the extent permitted by law, Contractor expressly agrees to establish compliance with the Equal Employment Opportunity Practices Provisions of Chapter 4.08 of the Pasadena Municipal Code, and the Rules and Regulations adopted pursuant to said ordinance.

The successful bidder or proposer may be required to submit documentation during the term of the contract to evidence on going compliance with the City’s Equal Opportunity Practices Provisions. Such documentation may include, but not be limited to certified payroll records and Current Permanent Workforce Utilization reports.

Required Forms – Each bidder or proposer must submit a completed Form AA-1. Failure to submit this form will result in automatic disqualification with no exceptions unless bidder or proposer has an approved Form on file with the City.

Questions regarding Chapter 4.08 of the Pasadena Municipal Code and regulations adopted pursuant thereto should be directed to the Department of Finance, Purchasing Division 626.744.6755.

3. Declaration of Non-Collusion by Contractor

This form is only applied for formal solicitations at $25,000 or more. The City requires that each bidder or proposer executes and submits to the City with the Bid/Proposal, the attached Declaration of Non Collusion in the #Bidder's Submittals/Checklist.

4. SAMPLE CONTRACT

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

5. CHANGE ORDER MANAGEMENT

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

6. Local Preferences

The City of Pasadena is committed to promoting the economic health and well being of its residents. To this end, contractor agrees to recruit Pasadena residents initially and to give them preference, if all other factors are equal, for any new positions that result from the performance of this contract and which are performed within the City.

7. Protest Procedure

This procedure specifies the process to be utilized by the City of Pasadena in resolving protests regarding this solicitation. In order for a protest to be considered by the City of Pasadena, it must be submitted in accordance with the procedures outlined in the FORMAL SOLICATION PROTEST PROCEDURE found at the following link: (https://ww5.cityofpasadena.net/finance/doing-business-with-the-city/). A protest submitted that is not in accordance with this procedure, may be returned to the submitting party without any further action by the City of Pasadena.

8. 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.

https://procurement.opengov.com/governments/portal/pasadena/projects/38651?section=undefined https://ww5.cityofpasadena.net/finance/doing-business-with-the-city/

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/

9. Invoice Submission Portal

Invoice Submission Portal

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.

10. 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.

11. Award of Contract and Determination of Responsiveness https://www.cityofpasadena.net/finance/licenses/business-licenses/ https://invoice.cityofpasadena.net/PortalGuide.pdf

The contract shall be awarded based on qualification. In determining whether a Proposer is qualified, 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;

• 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;

12. Pasadena Living Wage Ordinance

If this purchase includes a service 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.

13. 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.

14. 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.

15. Taxes

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

16. 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.

17. 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

18. 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.

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

7. 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. 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.

7. 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.

8. 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.

9. 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/

10. 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

11. Contract Duration

The initial term of the Contract resulting from this proposal is for four years 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.

12. RELEVANT EXPERIENCE

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.

8. 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…