Power_Delivery_Call_Center_Services_(Addendum_#1_Revision).pdf

REQUEST FOR PROPOSALS

FURNISH AND DELIVER

POWER DELIVERY CALL CENTER SERVICES

FOR THE

WATER & POWER DEPARTMENT, POWER DELIVERY

CITY OF PASADENA, CALIFORNIA

Request for Proposals - Power Delivery Call Center Services Release Date: Thursday, March 9, 2023

Attachments:

A - Master Services Contract

D - DISQUALIFICATION_DISCLOSURE (4)

E - DESIGNATED_REPRESENTATIVESdocx (1)

F - CONFLICT_OF_INTEREST (5)

G - Pasadena_Taxpayer_Protection_Amendment_Disclosure (2) H - DoIT Technical Questionnaire L - REQUIRED_FORMS_-_AAs_-_SIG-LEGAL-STATUS_-_DECLARATION_OF_NONCOLUSION (27)

1. INTRODUCTION

1. Summary

Pasadena Water and Power (“PWP”) is seeking Call Center services to disseminate information from live calls and recorded messages and handle routine overflow calls for emergencies and disasters, and citizen requests and complaints. The Center will handle both inbound and outbound calls specifically for outage reporting and outage related callback functions with the ability to add custom notifications concerning status of outage.

2. Background

Pasadena Water and Power is owned and operated by the City of Pasadena for the benefit of its customers and the community. Our priorities are reliability, responsiveness to customers, reasonable rates and environmental stewardship. We measure our success not by profits but by how reliable and affordable our services are. We receive and transmit high voltage electricity, generated locally or purchased from a mix of conventional and renewable energy sources, and step it down to deliver low voltage electricity to more than 65,000 customers throughout Pasadena.

3. Contact Information

Jerome Bragg Project Manager Email: jbragg@cityofpasadena.net Phone: (626) 744-4438 Department:

Water & Power Department, Power Delivery

4. Timeline mailto:jbragg@cityofpasadena.net tel:(626)744-4438

Release Project Date March 9, 2023

Pre-Proposal Meeting (Non-Mandatory) March 16, 2023, 10:00am Microsoft Teams meeting Join on your computer, mobile app or room device.

To join the meeting:

https://teams.microsoft.com/l/meetup-join/19%3ameeting_ODBmNWEyOWQtNmQ5NC00 MGMxLTljM2ItYzJmOTY5NDIxOTcx%40thread.v2/0?

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Meeting ID: 283 858 427 720 Passcode: DwBky5

Join on the web Or call in (audio only) +1 213-493-7443,,372543853# Phone Conference ID: 372 543 853#

Question Submission Deadline March 21, 2023, 1:00pm

Proposal Submission Deadline March 29, 2023, 1:00pm https://teams.microsoft.com/l/meetup-join/19%3ameeting_ODBmNWEyOWQtNmQ5NC00MGMxLTljM2ItYzJmOTY5NDIxOTcx%40thread.v2/0?context=%7b%22Tid%22%3a%2282d9fc00-2c66-4402-a28f-c6bcdc32e491%22%2c%22Oid%22%3a%22c2c4c4fd-ca68-4207-b6fa-41bbddcb77ba%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ODBmNWEyOWQtNmQ5NC00MGMxLTljM2ItYzJmOTY5NDIxOTcx%40thread.v2/0?context=%7b%22Tid%22%3a%2282d9fc00-2c66-4402-a28f-c6bcdc32e491%22%2c%22Oid%22%3a%22c2c4c4fd-ca68-4207-b6fa-41bbddcb77ba%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ODBmNWEyOWQtNmQ5NC00MGMxLTljM2ItYzJmOTY5NDIxOTcx%40thread.v2/0?context=%7b%22Tid%22%3a%2282d9fc00-2c66-4402-a28f-c6bcdc32e491%22%2c%22Oid%22%3a%22c2c4c4fd-ca68-4207-b6fa-41bbddcb77ba%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ODBmNWEyOWQtNmQ5NC00MGMxLTljM2ItYzJmOTY5NDIxOTcx%40thread.v2/0?context=%7b%22Tid%22%3a%2282d9fc00-2c66-4402-a28f-c6bcdc32e491%22%2c%22Oid%22%3a%22c2c4c4fd-ca68-4207-b6fa-41bbddcb77ba%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ODBmNWEyOWQtNmQ5NC00MGMxLTljM2ItYzJmOTY5NDIxOTcx%40thread.v2/0?context=%7b%22Tid%22%3a%2282d9fc00-2c66-4402-a28f-c6bcdc32e491%22%2c%22Oid%22%3a%22c2c4c4fd-ca68-4207-b6fa-41bbddcb77ba%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ODBmNWEyOWQtNmQ5NC00MGMxLTljM2ItYzJmOTY5NDIxOTcx%40thread.v2/0?context=%7b%22Tid%22%3a%2282d9fc00-2c66-4402-a28f-c6bcdc32e491%22%2c%22Oid%22%3a%22c2c4c4fd-ca68-4207-b6fa-41bbddcb77ba%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ODBmNWEyOWQtNmQ5NC00MGMxLTljM2ItYzJmOTY5NDIxOTcx%40thread.v2/0?context=%7b%22Tid%22%3a%2282d9fc00-2c66-4402-a28f-c6bcdc32e491%22%2c%22Oid%22%3a%22c2c4c4fd-ca68-4207-b6fa-41bbddcb77ba%22%7d

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 1:00 pm on Wednesday, March 29, 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/37223?section=305506 https://procurement.opengov.com/portal/pasadena/projects/37223?section=305510 https://procurement.opengov.com/portal/pasadena/projects/37223?section=305506

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/37223?section=305506 https://procurement.opengov.com/portal/pasadena/projects/37223?section=305510 https://procurement.opengov.com/portal/pasadena/projects/37223?section=305506 https://procurement.opengov.com/portal/pasadena https://procurement.opengov.com/portal/pasadena/projects/37223?section=305511

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 ,Power Delivery Call Center 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. OBJECTIVES

PWP is seeking proposals from experienced and qualified organizations to provide Call Center Services in accordance with the Scope of Work specified in this Request for Proposal (RFP). PWP desires to partner with a company to provide telephone support services to complement PWP’s Outage Management System (“OMS”) and Interactive Voice Response (“IVR”) system when PWP’s customers opt out of the IVR call tree.

The call center will act as a backup call center to PWP’s IVR system. The call center will handle call transferred from PWP’s IVR system to speak with a representative or requesting Spanish speaking assistance. The call center will be responsible for inputting water and power trouble related calls into one of two hosted web-based system (one for water and one for power) that will assist the PWP Dispatchers in providing the highest level of customer support for interruptions of service, whether planned or forced.

In the event the hosted web-based system is not available or unreachable, the call center will provide a call detail report for each call. The call center will input PWP customer’s data into a pre-existing call detail template and email completed templates to the PWP Dispatch center. This will help Dispatchers, Power Troubleshooters and field crews effectively deal with any level of system outage, from the small routine equipment outage to emergency storm situations where a significant portion of PWP customers are without utility services.

The estimated average number of calls is 50 per month.

2. GENERAL REQUIREMENTS

• Solution must be readily configurable, with minimal, if any, development required.

• Record all inbound calls and make recordings available to PWP staff.

• 24 hours live operators 365 days a year, 7 days a week.

• During business hours: 8:00 A.M. to 5:00 P.M. Monday through Friday.

o A minimum of 75% of all calls shall be answered within 30 seconds.

o A minimum of 98% of all calls shall be answered within 3 minutes.

• During non-business hours o A minimum of 75% of all calls shall be answered within 60 seconds.

o A minimum of 95% of all calls shall be answered within 3 minutes.

• Call center shall provide call support with PWP’s system interface during water and/or power emergencies.

o Support shall provide:

▪ English and Spanish speaking operators.

▪ Callers with an estimated hold time, if applicable;

▪ Callers with an automated “call back” option for callers who will be put on hold for more than three minutes.

• Provide customer service and submit data via a hosted web-based call input system to record water or power outages in OMS as reported by the customers.

o Data must be entered within 15 minutes from received call.

• Send emails with call details to PWP dispatch staff when hosted web-based system is unavailable or unreachable.

A. Maintain an archive of such calls for a minimum period of 24 months.

• Call center must make arrangements to send all archive voice and data records per year or prior to purging of system.

• Call center must have “bursting” capability (the ability to bring in other call centers within the same company to handle the very high call rates) during storms or ultra-high volume call periods.

• Provide monthly reports that demonstrate whether performance standards have been met. Must be able to provide daily stats.

3. Functional Area Topics to be Addressed

Describe the offering firm’s background and experience:

A. Relevant call center experience specific to each of the types of services requested;

B. Experience in serving public sector clients;

C. Qualifications of call center staff to handle support responsibilities;

D. Security and training measures taken to properly handle confidential information;

E. Support for ADA compliance, including any limitations;

F. Call center staffing- do your sites or offerings include multiple locations or home-based staff; and

G. Links to any demonstrations/simulations of your service.

H. Provide a profile of what minimum skills and experience employees have while providing service to the call center

Describe the following service elements of the offering firm:

A. Detailed implementation plan and timeframes;

B. How representatives will be trained to meet minimum service standards;

C. Measures the firm takes to ensure confidentiality and security in dealing with personal data.

D. How the firm maintains the representatives’ level of training for the duration of the contract;

E. How staffing will be managed during call volume peaks;

F. How callbacks will be handled and resolution tracked;

G. How service escalations occur, and what will be done to track resolution;

H. What ticketing system is used by the firm, and whether or not it integrates with other vendors’ solutions;

I. Outline experience with non-English speaking customers and proposed resolution process;

J. Detailed plans for initial and ongoing training and development and how that training will be tracked;

K. Are international locations proposed;

L. What assessment tools are used to determine representative’s knowledge, as well as steps taken if knowledge is deficient;

Describe how metrics and reporting will be handled:

A. List all metrics to be captured, frequency of capture and how the data will be accessed;

B. How monthly and annual service level metrics will be provided;

C. How long customer interactions are stored for quality tracking purposes;

D. How employee performance is measured, including corrective action, recognition, and performance measurements. Describe the process whereby the City can request removal of a customer service representative for poor performance; and Standard process for expectations of call center agents

E. How customer satisfaction is tracked and handled. Please provide examples of periodic surveys used.

F. Ability for City Staff to pull reports/data metrics based on volume, trends, success outcomes and user queues at any given time

G. At a minimum the following list of reports will be provided to the City on a weekly/monthly/quarterly basis.

1. Unavailability Report

2. Incoming Call Reports

3. Abandoned Call Report

4. Call Detail Report

5. Hold Time Report

6. Speed of Answer Report

7. Handle Time (Call length) Report

8. Call Origin (Reason for call) Report

9. Customer Satisfaction Report

Quality Assurance

A. 1. Ability to provide callers with after call and email surveys and pull survey reports

B. 2. Ability to listen to recorded calls at any time, with appropriate search options to locate the call.

Contract Management

Present the standard process for how the city will address concerns and how to report outcomes back to the City.

Provide examples.

4. Qualifications

The proposal must describe the firm’s qualifications to provide the requested products and/or services, and include the following:

A. Description of the nature of the firm’s business; include a description of experience, competencies, and overall organizational capabilities.

B. Corporate organization chart indicating key management team members.

C. Number of years in business.

D. Description of the firm’s capabilities to provide the requested product(s)/service(s).

E. Description of the project staff structure, the background, qualifications and relevant experience of all staff involved in the project, including length of time at contractor;

include the responsibilities that each staff member will have during the execution of this project.

F. Overview of approach and description of methodology to be used.

G. Description of project structure and detailed project timelines and phases (if applicable).

H. References: The offeror must provide three (3) independent references from three (3) different projects of similar scope, nature, and complexity to that requested by the City.

The City prefers governmental entity references. Each of the references must include the following information:

1. Entity Name

2. Industry Type

3. Address, City, Province/State/Country

4. Contact Name, Title, Phone Number, and Email address

5. Year(s) service(s) provided

6. Comments (include details regarding the current status of the product/service provided by offeror)

4. SAMPLE PRICE PROPOSAL

Each Proposer must submit a Price Proposal containing all costs associated with the technical proposal. The cost proposal shall describe both the total and the detailed price for which the consultant will commit to complete the total scope of work and end products. The table(s) below is intended to be a sample. Proposers may add necessary line items provided they are in compliance with instructions in this RFP for "Cost Proposals." The cost proposal detail shall describe costs for each professional’s time, for the completion of each proposed task, and for materials and supplies.

INSTRUCTIONS:

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

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

B. performance of each and every portion of the work

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

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

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

SCOPE OF WORK;

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

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

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

YEAR ONE: CALL CENTER SERVICES

Line Item Description Quantity Unit of Measure

Unit Cost Total

Call Center Initialization

1 Initial Setup Costs, if any 1 Lump Sum

Monthly Fees

2 Monthly Flat Rate Fee (250 minutes or less)

12 Months

3 Holiday Charge (if any) 6 Days

4 Calls in excess of 250 min monthly allotment, but less than 500.

50 Minutes

5 Calls in excess of 500 min monthly allotment.

50 Minutes

TOTAL

YEAR TWO: CALL CENTER SERVICES

Line Item Description Quantity Unit of Measure

Unit Cost Total

Call Center Initialization

1 Initial Setup Costs, if any 1 Lump Sum

Monthly Fees

2 Monthly Flat Rate Fee (250 minutes or less)

12 Months

3 Holiday Charge (if any) 6 Days

4 Calls in excess of 250 min monthly allotment, but less than 500.

50 Minutes

5 Calls in excess of 500 min monthly allotment.

YEAR THREE: CALL CENTER SERVICES

Line Item Description Quantity Unit of Measure

Unit Cost Total

Call Center Initialization

1 Initial Setup Costs, if any 1 Lump Sum

Monthly Fees

2 Monthly Flat Rate Fee (250 minutes or less)

12 Months

3 Holiday Charge (if any) 6 Days

4 Calls in excess of 250 min monthly allotment, but less than 500.

50 Minutes

5 Calls in excess of 500 min monthly allotment.

YEAR FOUR: CALL CENTER SERVICES

Measure

Unit Cost Total

Call Center Initialization

1 Initial Setup Costs, if any 1 Lump Sum

Monthly Fees

2 Monthly Flat Rate Fee (250 minutes or less)

12 Months

3 Holiday Charge (if any) 6 Days

4 Calls in excess of 250 min monthly allotment, but less than 500.

50 Minutes

5 Calls in excess of 500 min monthly allotment.

YEAR FIVE: CALL CENTER SERVICES

Line Item Description Quantity Unit of Measure

Unit Cost Total

Call Center Initialization

1 Initial Setup Costs, if any 1 Lump Sum

Monthly Fees

2 Monthly Flat Rate Fee (250 minutes or less)

12 Months

3 Holiday Charge (if any) 6 Days

4 Calls in excess of 250 min monthly allotment, but less than 500.

50 Minutes

5 Calls in excess of 500 min monthly allotment.

YEAR SIX: CALL CENTER SERVICES

Measure

Unit Cost Total

Call Center Initialization

1 Initial Setup Costs, if any 1 Lump Sum

Monthly Fees

2 Monthly Flat Rate Fee (250 minutes or less)

12 Months

3 Holiday Charge (if any) 6 Days

4 Calls in excess of 250 min monthly allotment, but less than 500.

50 Minutes

5 Calls in excess of 500 min monthly allotment.

5. EVALUATION CRITERIA

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

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

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

No. Evaluation Criteria Scoring Method Weight (Points)

1. Proposed Solution Points will be assigned for “Functional and Technical Merit” based on the capability of the proposer to satisfy the City requirements identified in the SCOPE OF WORK and as delineated. Points will be assigned for “Completeness of Proposed Solution” based on the vendor submitting a proposal that follows the guidelines specified in the SCOPE OF WORK.

Points Based 30 (30% of Total)

2. Experience Points will be assigned for “Experience with Projects of this Size and Scope in an Agency of Similar Size” based on a vendor’s previous experience with municipal agencies, as delineated in the SCOPE OF WORK, and CLIENT REFERENCES. Relevant experience, and technical expertise of the Consultant and sub- Consultants (if allowed) to perform the work.

Points Based 30 (30% of Total)

3. Cost Proposal Points will be assigned based on a “Ratio Method.” The proposer’s cost must include the delivery of the proposed solutions, as well as any recurring costs (if any) as delineated in the Scope of Work and the PRICE PROPOSAL.

With this method, the proposal with the lowest cost receives the maximum points allowed. All other proposals receive a percentage of the points available based on their cost relationship to the lowest price. This is determined by applying the following formula:

Lowest Price / Evaluated Price X maximum points available = Awarded Points

Example: The cost for the lowest proposal is $100,000. The next lowest proposal has a cost of $125,000. The total points available for cost = 30 points.

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

Reward Low Cost 30 (30% of Total)

4. 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)

5. 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

6. REVIEW AND AWARD RECOMMENDATION PROCESS

1. Review and Award

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

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

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. Separate Review of Technical, and Price Proposals

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

https://procurement.opengov.com/portal/pasadena/projects/37223?section=305505

7. PUBLIC CONTRACT CLAIMS PROCEDURE

PUBLIC CONTRACT CODE SEC. 9204 PUBLIC WORKS CLAIMS PROCEDURE

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SECTION 1.

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

9204.

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

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

(c) For purposes of this section:

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

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

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

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

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

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

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

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

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

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

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

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

The Department of General Services as to all other projects.

The High-Speed Rail Authority.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations.

(i) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2027, deletes or extends that date.

(Amended by Stats. 2019, Ch. 489, Sec. 1. (AB 456) Effective January 1, 2020. Repealed as of January 1, 2027, by its own provisions.)

SEC. 2.

The Legislature finds and declares that it is of statewide concern to require a charter city, charter county, or charter city and county to follow a prescribed claims resolution process to ensure there are uniform and equitable procurement practices.

SEC. 3.

If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

8. GENERAL REQUIREMENTS

1. Local Preference

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 which result from the performance of this Contract and which are performed within the City.

• The Contractor will be required to make good-faith effort to hire Pasadena residents for all new hires, including subcontractor new hires.

• A good-faith effort will include requests to unions or community organizations designated by City to provide a list of qualified Pasadena residents. If qualified candidates available, Contractor will conduct interviews with assistance of City and union/community organizations.

• Residents are individuals who are, and have been one year prior to the effective date of the contract, residents of the City of Pasadena.

• Submission to the City of documentation of requests and interviews will constitute proof of a good-faith effort.

• Interviews of Pasadena residents, if conducted, shall be completed and documentation submitted to the City prior to commencement of Contract work.

2. 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.

3. 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.

4. 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.

5. 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.

6. 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.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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/

12. CONFLICT OF INTEREST STATEMENT ** REVIEW

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