On-Call_Structural_Engineering_Services_(Addendum_#1_Revision).pdf

REQUEST FOR PROPOSALS

ON-CALL STRUCTURAL ENGINEERING SERVICES

FOR THE

PUBLIC WORKS DEPARTMENT, ENGINEERING

CITY OF PASADENA, CALIFORNIA

Request for Proposals - On-Call Structural Engineering Services Release Date: Tuesday, October 6, 2026

Attachments:

B - MASTER SERVICES CONTRACT

D - REQUIRED FORMS - AAs - SIG-LEGAL-STATUS - DECLARATION OF NONCOLUSION 08022024 v2

E - DISQUALIFICATION_DISCLOSURE (4)

F - CONFLICT_OF_INTEREST (5)

H - Pasadena_Taxpayer_Protection_Amendment_Disclosure (2) I - DESIGNATED REPRESENTATIVESdocx

N - RELEVANT EXPERIENCE FORM

1. Introduction

1. Summary

The City of Pasadena Public Works Engineering Division seeks qualified firms to provide on-call structural engineering services for maintenance and capital improvement projects involving City-owned buildings and infrastructure. Proposers shall demonstrate at least five years of experience providing structural engineering services of comparable nature, size, and complexity.

The City may award separate five-year agreements to qualified firms. Compensation under each agreement shall not exceed $1,000,000. No minimum amount of work or compensation is guaranteed.

For each assignment, the City may select the on-call consultant it determines is best suited based on relevant expertise, proposed personnel, availability, past performance, schedule, assignment complexity, and the ability to negotiate a fair and reasonable fee. Each assignment shall be authorized through a written Task Order establishing the scope, staffing, deliverables, schedule, and not-to-exceed fee. No work may begin without written authorization from the City. If the City and the initially selected consultant cannot agree on the terms of a Task Order, the City may negotiate with another on-call consultant.

2. Contact Information

Deadline for Questions

The deadline to submit questions related to this solicitation is Tuesday, October 27, 2026, prior to 2:00 pm.

Questions regarding this solicitation should be submitted directly through the City's eProcurement Portal Q&A function. Do not contact any City employee or official regarding this solicitation. Any questions submitted after the date and time specified may not be considered.

Tony Eskandary Associate Engineer Email: teskandary@cityofpasadena.net Phone: (626) 744-6768 Department:

Public Works Department, Engineering

3. Timeline

Release Project Date October 6, 2026

Question Submission Deadline October 27, 2026, 2:00pm

Proposal Submission Deadline November 17, 2026, 2:00pm mailto:teskandary@cityofpasadena.net tel:(626)744-6768

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. Eligibility Requirement

Proposer must possess and provide the following licenses or certifications to be deemed qualified to perform the work specified:

The Proposer shall designate a Principal-in-Charge who possesses an active California Structural Engineer license issued by the California Board for Professional Engineers, Land Surveyors, and Geologists.

Each individual proposed to serve as the engineer of record or responsible-charge structural peer reviewer for a Task Order shall also possess an active California Structural Engineer license.

Other professional personnel shall possess the licenses, registrations, or certifications required for their assigned responsibilities.

Copies of the licenses held by the proposed Principal-in-Charge and other identified responsible-charge structural engineers shall be included in the proposal. Required licenses shall remain active and in good standing throughout the term of the agreement.

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 Tuesday, November 17, 2026.

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.

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

The Technical Proposal shall be formatted on standard-size 8½-inch-by-11-inch pages using a minimum 12-point font. The Technical Proposal, Statement of Qualifications, and Additional Data shall not exceed a combined total of 50 pages. The page limitation does not include the cover letter, table of contents, separate Hourly Rate Schedule, or required City forms and certifications.

The Proposer shall submit its Hourly Rate Schedule separately from the Technical Proposal in accordance with the “#Proposer's Submittals/Checklist” section. No pricing information shall be included in the Technical Proposal.

The Technical Proposal shall provide the information required by this RFP and demonstrate the Proposer’s qualifications, technical approach, proposed personnel, and ability to perform the requested on-call structural engineering services along with all required forms and submittals (See #Attachments, and #Proposer's Submittals/Checklist.

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

4. 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.

https://procurement.opengov.com/portal/pasadena/projects/288250/document?section=2777751 https://procurement.opengov.com/portal/pasadena/projects/288250/document?section=2777761 https://procurement.opengov.com/portal/pasadena/projects/288250/document?section=2777751

3. 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.

Please add that the contract shall conform with Civil Code 2782.8.

2. Firm commitment of availability of service

Proposals and offered hourly rates shall remain valid for at least 120 calendar days following the Proposal Submission Deadline. If any proposed key personnel becomes unavailable during this period, the Proposer shall promptly notify the City and identify a proposed replacement with qualifications equal to or greater than those of the original individual. Any replacement of key personnel is subject to City approval.

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 Proposal (RFP), 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.

5. 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.

6. Price Adjustment Clause

Hourly labor rates shall remain firm during the first contract year. Beginning with the second contract year, the Consultant may request one adjustment to its hourly labor rates for each subsequent contract year.

Any adjustment shall not exceed the lesser of:

1. The 12-month percentage change in the Consumer Price Index for All Urban Consumers, All Items, Los Angeles-Long Beach-Anaheim, California, not seasonally adjusted; or

2. Three percent.

No negative adjustment shall be required. The Consultant must submit its request and supporting documentation at least 60 calendar days before the beginning of the applicable contract year. Any adjustment is subject to written City approval, applies only to labor rates for future services, and does not automatically increase an existing Task Order or its not-to-exceed amount.

7. Taxpayer Protection Act

Under the provisions of the City of Pasadena Taxpayer Protection Act ("TPA"), the Contractor/Organization will be considered a "recipient of a public benefit." The full provisions of the TPA are set forth in Pasadena City Charter, Article XVII. Under the TPA, City public officials who approve this Contract are prohibited from receiving specified gifts, campaign contributions or employment from Contractor for a specified time. As well, if this Contract is to be approved by the City Council, Councilmembers or candidates for Council are prohibited from receiving campaign contributions during the time this Contract is being negotiated (from the due date for an RFP response until award of a contract; this restriction does not apply to competitive and noticed low bid contracts). This prohibition extends to individuals and entities that are specified in the TPA and includes Contractor/Organization and its trustees, directors, partners, corporate officers and those with more than a 10% equity, participation, or revenue interest in Contractor/Organization. Contractor/Organization understands and agrees that: (A) Contractor/Organization is aware of the TPA; (B) Contractor/Organization will complete the forms provided by the City to identify all of the recipients of a public benefit specified in the TPA;

and (C) Contractor/Organization will not make any prohibited gift, campaign contribution or offer of employment to any public official who negotiated and/or approved this Contract, and will not make any prohibited campaign contribution during the time this contract is being negotiated. The Contractor shall submit a copy of the completed TPA form to the City Clerk’s Office if the contract is to be awarded by the City Council via e-mail: OfficialRecords- CityClerk@Cityofpasadena.net or by fax: (626) 744-3921, and submit a copy with the response package. For more information please go to: https://www.cityofpasadena.net/city-clerk/disclosure-reportsax-payer-protection-act-tpa/

8. CONFLICT OF INTEREST STATEMENT

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

9. 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 $500 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.

10. Payment of Subcontractors, Suppliers, and Workers

The Prime Contractor shall be solely responsible for the payment of all subcontractors, suppliers, laborers, and any other persons or entities employed in connection with the performance of this Contract.

The City shall have no obligation to pay, or to ensure the payment of, any subcontractors, suppliers, or workers directly. The Prime Contractor shall ensure timely and full payment in accordance with all applicable laws, including but not limited to California Public Contract Code §§ 10262 and 10262.5 and Labor Code § 218.7.

Failure to comply with this requirement may result in the withholding of payments, imposition of penalties, and/or other remedies available under the Contract and applicable law.

The Prime Contractor shall also include in all subcontracts a provision requiring subcontractors to pay their lower-tier subcontractors and suppliers in a timely manner consistent with this section.

4. 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 proposer(s) 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 $75,000 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 section named "Submittals/Checklist."

4. SAMPLE CONTRACT

A sample of the contract the successful vendor will be required to enter into with the City is attached hereto and by this reference incorporated herein and made part of this solicitation.

5. 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.

6. 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 (Pasadena Municipal Code Section 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/

7. 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?

https://www.cityofpasadena.net/finance/licenses/business-licenses/

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.

8. 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.

9. Pasadena Business

Local Business is defined in the Pasadena Municipal Code section:

4.08.020, O: "Local business" means a business with a fixed place of business located in the city.

To receive any preferences offered to a Pasadena business in this solicitation, a Pasadena business must be located within the City Boundary by the release date of this solicitation.

10. 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.

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

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.

11. PAYMENT OF A CITY-WIDE MINIMUM WAGE

If a vendor is providing labor for any subsequent contract resulting from this solicitation, they must comply with the City of Pasadena Minimum Wage as set forth in Chapter 5.02 of the Pasadena Municipal Code. Vendors are encouraged to review the City’s minimum wage information guide at (https://bit.ly/3o3SHMh). The minimum wage ordinance may be found at Pasadena Municipal Code.

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. 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.

14. 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

15. LIMITATIONS ON LIABILITY

https://ww5.cityofpasadena.net/finance/doing-business-with-the-city/ https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fbit.ly%2F3o3SHMh&data=05%7C02%7Cawatson%40cityofpasadena.net%7Cbb892f95fde0404d371508dc9bbbf790%7C82d9fc002c664402a28fc6bcdc32e491%7C1%7C0%7C638556478819490734%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=zhx6795nsAtQnJvmzYHL5q2Lzw%2FdOCl95da3qPj4Duw%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Flibrary.municode.com%2Fca%2Fpasadena%2Fcodes%2Fcode_of_ordinances%3FnodeId%3DTIT5BULIRE_ARTIGE_CH5.02PACIDEMIWA&data=05%7C02%7Cawatson%40cityofpasadena.net%7Cbb892f95fde0404d371508dc9bbbf790%7C82d9fc002c664402a28fc6bcdc32e491%7C1%7C0%7C638556478819500215%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=AX1DEPBi2FxNNRsdiRGGB1whWvtl2jG%2FQ7SO5QsB%2Fac%3D&reserved=0 https://www.irs.gov/pub/irs-pdf/fw9.pdf

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-responsiveness.

16. AVAILABILITY OF FUNDS

The provisions of this Contract relating to payment for products or services shall become effective when funds assigned for the purpose of compensating the Contractor as herein provided are actually available to for disbursement. The City shall be the sole judge and authority in determining the availability of funds under this Contract. If any action is taken by the City, any state agency, Federal department or any other agency to suspend, decrease, or terminate its fiscal obligations under, or in connection with, this Contract, the City may amend, suspend, decrease, or terminate its obligations under, or in connection with, this Contract. In the event of termination, The City shall be liable for payment only for products provided or services rendered prior to the effective date of the termination, provided that such products or services were provided or performed in accordance with the provisions of this Contract.

17. 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 this solicitation, above. Addenda (if any) shall be made available on the City's eProcurement system, and sent to each vendor included on the "Followers" list in the City's eProcurement system. A vendor's failure to address the requirements of any and all addenda may result in the response (proposal or bid, or alike) 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 vendor is responsible to register on the City's eProcurement Portal and follow the project named On-Call Structural Engineering Services in order to be included in the "Followers" list in the City's eProcurement system to insure they receive all 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.

18. Accessibility Compliance Requirements

Applicability of Accessibility Requirements

Accessibility compliance requirements apply when scope of work includes:

• Digital deliverables (i.e. websites, web applications, mobile applications, electronic documents, multimedia content)

• Communication and program delivery (i.e. public meetings, outreach materials, surveys, customer service and payment platforms)

If any portion of the work involves these elements, the Contractor must ensure full compliance with applicable accessibility standards.

Digital and Electronic Content

For all digital deliverables (including websites, documents, and applications), the Contractor shall ensure conformance with, at minimum:

• Web Content Accessibility Guidelines (WCAG) 2.1, Level AA, as amended [GS1] ; and

• Section 508 of the Rehabilitation Ace (29 U.S.C. § 794d), where applicable.

All digital materials must undergo both automated and manual accessibility testing, including usability reviews by individuals representing a wide range of functional disability types (e.g., visual, auditory, cognitive, motor), and, if required, remediated prior to final acceptance. Testing must include compatibility with commonly used assistive technologies (e.g., JAWS, NVDA, VoiceOver, ZoomText, Dragon NaturallySpeaking). The Contractor must provide documentation such as Voluntary Product Accessibility Template (VPAT) or equivalent Accessibility Conformance Report (ACR), detailing compliance and describing the testing methodology.

Corrective Action and Liability

The Contractor shall be held responsible for correcting any noncompliant work or deliverables identified by the City of Pasadena or any enforcement agency, at no additional cost. The City of Pasadena reserves the right to withhold payment, suspend work, or terminate the contract for failure to meet accessibility requirements.

The Contractor shall indemnify and hold harmless the City of Pasadena, its officers, agents, and employees from any claims, damages, or liabilities arising from noncompliance with applicable accessibility laws or guidelines.

Certification of Compliance

By submitting a proposal, the Contractor certifies that it has reviewed and will comply fully with all applicable federal, state, and local accessibility laws, including the ADA, CBC, Title 24, and PROWAG, and will ensure that all subcontractors do the same.

19. Proof of Authority

If the PROPOSER is a corporation, formal proof of the authority of the officer signing the Proposer's proposal to bind the corporation must be submitted with said proposal. A copy of the corporate resolution or minutes can be adequate proof. A simple letter is not sufficient.

20. Reservation

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

21. 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.

22. 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://www.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.

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

5. Insurance Requirements

1. Insurance Requirements https://www.cityofpasadena.net/finance/wp-content/uploads/sites/27/Professional- Services.pdf?v=1623280176766 https://www.cityofpasadena.net/finance/wp-content/uploads/sites/27/Professional-Services.pdf?v=1623280176766 https://www.cityofpasadena.net/finance/wp-content/uploads/sites/27/Professional-Services.pdf?v=1623280176766

6. Scope of Work

1. Scope of Work

The City seeks qualified consulting firms to provide on-call structural engineering services for maintenance, repair, rehabilitation, alteration, seismic retrofit, and capital improvement projects involving City-owned buildings and infrastructure. Facilities may include historic and nonhistoric concrete, unreinforced masonry, wood-framed, and steel-framed buildings, as well as bridges, retaining walls, foundations, freestanding walls, canopies, and other structural systems.

Depending on the requirements of an individual Task Order, services may include, but are not limited to, the following:

1. Review available record drawings, reports, calculations, studies, and other existing information.

2. Perform structural assessments, site visits, field investigations, measurements, documentation of existing conditions, and coordination of testing or exploratory work.

3. Prepare seismic evaluations, feasibility studies, retrofit studies, structural condition assessments, and recommendations for repair or rehabilitation.

4. Perform structural analysis and design for repairs, rehabilitation, alterations, additions, seismic retrofits, and new structures.

5. Provide independent structural peer-review services, including review of calculations, drawings, specifications, code compliance, constructability, and design assumptions. A consultant assigned to provide peer-review services shall not review its own work or the work of an affiliated firm or subconsultant and shall disclose any actual or potential conflict of interest.

6. Prepare structural calculations, reports, plans, technical specifications, construction cost estimates, schedules, permit documents, and other deliverables required by an authorized Task Order.

7. Assist during permitting and respond to reviewing-agency comments related to the Consultant’s work.

8. Provide bid and construction-phase services, including participation in meetings, responses to requests for information, review of submittals, technical evaluation of proposed changes, structural observations, preparation of revisions, and record documentation when authorized.

9. Coordinate structural work with the City and with architects, civil engineers, geotechnical consultants, testing laboratories, historic-resource consultants, environmental consultants, and other project disciplines.

10. Establish and implement appropriate quality-assurance and quality-control procedures for all calculations, reports, drawings, specifications, and other technical deliverables.

11. Attend meetings, prepare meeting materials, monitor assigned budgets and schedules, and provide progress reports as required by the applicable Task Order.

The Consultant shall comply with applicable federal, state, and local laws, codes, regulations, standards, and City requirements. Structural documents shall be signed and sealed by the responsible licensed professional when required by law or the applicable Task Order.

The Consultant may also be required to assist the City and separately retained environmental consultants by providing project descriptions, structural technical information, design alternatives, phasing and construction information, responses to comments, and related design revisions. Preparation of CEQA documents or environmental technical studies shall be required only when expressly authorized by a Task Order.

The specific scope, deliverables, staffing, schedule, and not-to-exceed fee for each assignment shall be established in a written Task Order. No services shall be performed before written authorization from the City.

7. Sample Contract

1. Contract Duration

Each agreement resulting from this RFP shall have a term of five years beginning on the date the agreement is fully executed by the City. No optional extension periods are included.

2. SAMPLE CONTRACT

A sample of the contract the successful vendor will be required to enter into with the City is attached (Attachments) and by this reference incorporated herein and made part of this solicitation.

https://procurement.opengov.com/portal/pasadena/projects/288250/document?section=2777761

8. Review and Award Recommendation Process

1. Review and Award

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

The City may invite all responsive Proposers, or only the five highest-ranked Proposers based on the initial written evaluation, to participate in an oral clarification meeting or interview. Any meeting or interview will be used to clarify the content of a proposal and will not alter the published evaluation criteria.

Proposals will be evaluated using the weighted criteria identified in the Evaluation Criteria section. Selected Proposers will be determined based on the average total score assigned by the evaluators.

Hourly Rate Schedules will be reviewed separately from the Technical Proposals to determine whether proposed rates are fair and reasonable and to support negotiation of the agreements and individual Task Orders. Pricing shall not be included in the weighted technical evaluation.

The City may select fewer than five firms or may elect not to award any agreements. Following completion of the evaluation and negotiation process, staff may recommend award of separate agreements to the selected firms. Award of an agreement does not guarantee the issuance of any Task Order or any minimum amount of work or compensation.

9. Public Contract Claims Procedure

PUBLIC CONTRACT CODE SEC. 9204 NEW PUBLIC WORKS CLAIMS PROCEDURE

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SECTION 1.

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

9204.

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

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

(c) For purposes of this section:

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

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

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

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

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

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

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

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

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

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

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

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

The Department of General Services as to all other projects.

The High-Speed Rail Authority.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(h) Nothing in…