Prepare_Nexus_Study_to_update_the_existing_Traffic_Reduction_Transportation_Improvement_Fee_(“TR_TIF”)_(Addendum_#2_Revision).pdf

REQUEST FOR PROPOSALS

FURNISH AND DELIVER

PREPARE NEXUS STUDY TO UPDATE THE EXISTING

TRAFFIC REDUCTION/TRANSPORTATION IMPROVEMENT

FEE (“TR/TIF”)

FOR THE

TRANSPORTATION DEPARTMENT

Request for Proposals - Prepare Nexus Study to update the existing Traffic Reduction/Transportation Improvement Fee (“TR/TIF”) Release Date: Wednesday, November 30, 2022

CITY OF PASADENA, CALIFORNIA

Release Date: Wednesday, November 30, 2022

Attachments:

A - Master Services Contract

B - RELEVANT EXPERIENCE FORM

Release Date: Wednesday, November 30, 2022

1. INTRODUCTION

1. Summary

The City is seeking professional services to Prepare Nexus Study to update the existing Traffic Reduction/Transportation Improvement Fee (“TR/TIF”) to support the mobility initiatives identified in the 2015 General Plan http://www.cityofpasadena.net/GeneralPlan/

The update to DOT’s TR/TIF to be developed from this RFP will review existing City methodology and the methodology of other agencies in the development of transportation impact fees for long-range infrastructure improvements in the City; utilize projections in the City’s TransCAD 7.0 Travel Demand Model to determine a future development’s fair share of future facilities costs;

research future developments and future transportation needs from current transportation studies and reports; develop a comprehensive report that documents the City’s future transportation facility needs and cost; and determine the level of fees that may be imposed on future developments to pay their fair share cost of future transportation infrastructure improvements.

The City has estimated a budget of $45,000 - $65,000 for this effort.

2. Background

In 1981, the City of Pasadena established a New Development Impact Fee to help mitigate the traffic impacts of new development on the city’s transportation infrastructure. Following the adoption of the General Plan Update in 2004, City Council directed staff to study a new “fair share” transportation impact fee. The resulting Traffic Reduction and Transportation Improvement Fee (TR/TIF) was established by City Council in November 2006 and updated in July 2017.

The purpose of the TR/TIF is to help address the city-wide transportation infrastructure needs that are projected to be required in order to support the city’s growth as identified in the 2015 General Plan. With the adoption of the 2015 General Plan Land Use and Mobility Elements, a number of new transportation facilities, including transit, pedestrian and bicycle infrastructure were deemed necessary in order to address the potential impact of future new development on the City’s transportation system. The TR/TIF ensures that future developments pay their “fair share” of the cost of future facilities. TR/TIF funds are used to plan, design, and implement transportation improvements that align with the Mobility Element goals of livability, sustainability, neighborhood protection, and mobility.

The City’s current TR/TIF are assessed on developments based on the net new square feet of space or the number of net new dwelling units as identified in the table below. This fee is increased annually by the Consumer Price Index (CPI) or the Engineering News Record, Construction Cost Index.

TR/TIF fees for FY 2023

Land Use Unit Current Fee http://www.cityofpasadena.net/GeneralPlan/

Release Date: Wednesday, November 30, 2022

Industrial Net new square feet $1.28

Office Net new square feet $9.35

Retail Net new square feet $12.42

Single Family Residential Net new dwelling unit $10,257.02

Multi-family Residential Net new dwelling unit $3,971.78

The 2015 General Plan Mobility Element Update redefined critical aspects of Pasadena’s transportation policy. The city’s transportation system is expected to support the goals of livability, neighborhood protection and mobility. As a result, the City is electing to improve multimodal traffic operations, expanded transit, bicycle and pedestrian systems. To support these sustainable strategies, the City Council adopted new policies to include bicycle and pedestrian improvements identified in the Capital Improvements Projects (CIP) in the Fee.

In July 2017, City Council amended the TR/TIF as was supported by a Facility Needs List developed from a nexus study that determined the level of fees that may be imposed to pay for future facilities. The Needs List was and continues to be informed by a number of recent studies and reports that identify the City’s transportation infrastructure needs. The studies and reports, which include the City’s annual Capital Improvement Program, Intelligent Transportation Systems Master Plan Framework, Bicycle Transportation Action Plan, Short Range Transit Plan, Pedestrian Plan and American with Disabilities Act Transition plan, are updated on a regular basis, as appropriate.

In order to ensure the TR/TIF reflects the current and future project needs as defined in the Capital Improvement Program and updated action plans, a nexus study is needed to justify the level of fees that may be imposed to pay the cost of future facilities. The Department of Transportation is requesting proposals from qualified firms to recommend an updated TR/TIF with projected future development based on the City’s 2017 Travel Demand Model and future facilities (the Needs List) based on the FY 2023 CIP and previously referenced plans, including the Short Range Transit Plan, Pedestrian Plan, Bicycle Transportation Action Plan, Local Road Safety Plan, Intelligent Transportation System and Traffic Signal Master Plan.

3. Contact Information

Project Contact:

Conrad Viana Engineer Email: cviana@cityofpasadena.net Phone: (626) 744-7424 Procurement Contact:

Antonio Watson Project Manager Email: awatson@cityofpasadena.net Phone: (626) 744-8382 Department:

Transportation Department mailto:cviana@cityofpasadena.net tel:(626)744-7424 mailto:awatson@cityofpasadena.net tel:(626)744-8382

Release Date: Wednesday, November 30, 2022

4. Timeline

Release Project Date November 30, 2022

Question Submission Deadline December 29, 2022, 12:00pm

Proposal Submission Deadline January 19, 2023, 12:00pm

Release Date: Wednesday, November 30, 2022

2. SUBMITTAL PROCESS AND 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 12:00 pm on Thursday, January 19, 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.

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/31088?section=252518 https://procurement.opengov.com/portal/pasadena/projects/31088?section=252519 https://procurement.opengov.com/portal/pasadena/projects/31088?section=252518

Release Date: Wednesday, November 30, 2022

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 with their Technical proposal through the City's eProcurement Portal.

The pricing must include the total price proposed to accomplish all the performance and deliverables requested in this RFP, and offered by your firm. Each Proposer must submit a Price Proposal containing all costs associated with the technical proposal. The price proposal shall describe both the total and the detailed price for which the consultant will commit to complete the total scope of work and end products. The price proposal detail shall describe costs for each professional’s time, for the completion of each proposed task, and for all materials and supplies.

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

6. Deadline for RFP Questions

The deadline to submit questions related to this RFP is Thursday, December 29, 2022, prior to 12:00 pm.

Questions regarding this Request for Proposals should be submitted directly through the City's eProcurement Portal Q&A function. Do not contact any City employee or official regarding this

RFP.

Any questions submitted after the date and time specified will not be considered.

Vendor Registration Instructions & Customer Service information:

Click here to register onto the City's eProcurement Portal hosted by OpenGov.

If you are already registered and need help logging in or retrieving your user information simply click on the blue chat bubble on the lower right hand corner of your screen or contact OpenGov at procurement-support@opengov.com for help at any time.

https://procurement.opengov.com/portal/pasadena/projects/31088?section=252518 https://procurement.opengov.com/portal/pasadena/projects/31088?section=252519 https://procurement.opengov.com/portal/pasadena/projects/31088?section=252518 https://procurement.opengov.com/portal/pasadena https://procurement.opengov.com/portal/pasadena mailto:procurement-support@opengov.com

Release Date: Wednesday, November 30, 2022

Customer Service

For assistance with e-bidding or uploading documents: Contact OpenGov via the blue chat bubble on the lower right hand corner of your screen or email at procurement-support@opengov.com.

Monday through Friday 5am - 5pm PST, except statutory holidays-- response time is typically less than ten minutes.

7. 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.

8. 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.

9. 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 ,Prepare Nexus Study to update the existing Traffic Reduction/Transportation Improvement Fee (“TR/TIF”), 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.

mailto:procurement-support@opengov.com mailto:procurement-support@opengov.com https://procurement.opengov.com/portal/pasadena/projects/31088?section=252521

Release Date: Wednesday, November 30, 2022

10. Withdraw of Proposal

Any Proposer may withdraw their proposal, via the City's eProcurement Portal prior to the proposal deadline.

11. Training Resources for Vendors

Videos:

Instructions for the new eProcurement System: The following link https://help.procurement.opengov.com/en/articles/5815468-opengov-procurement-vendor-training will include video instructions for using the new system.

Screen Shots:

1) Registering for a new account - Vendor Registration

2) Update profile - company and user, email, logo

3) Subscribing for an agency's notifications - Using the Network Tab

4) Following a project

5) How to respond to a bid, submit a bid, or No bid?

6) Get Notifications

7) Managing Addenda

8) OpenGov Procurement Support https://procurement.opengov.com/portal/pasadena https://help.procurement.opengov.com/en/articles/5815468-opengov-procurement-vendor-training https://help.procurement.opengov.com/en/articles/5815468-opengov-procurement-vendor-training https://help.procurement.opengov.com/en/articles/5815468-opengov-procurement-vendor-training https://help.procurement.opengov.com/en/articles/2482165-vendor-registration http://help.procurenow.com/en/articles/2482226-updating-company-information https://help.procurement.opengov.com/en/articles/3955963-how-to-subscribe-to-organizations-and-find-active-rfps-bids https://help.procurement.opengov.com/en/articles/2478854-follow-a-project https://help.procurement.opengov.com/en/articles/2478772-how-to-respond-to-a-project https://help.procurement.opengov.com/en/articles/2921877-get-notifications https://help.procurement.opengov.com/en/articles/4413350-managing-addenda https://help.procurement.opengov.com/en/articles/5680392-using-support

Release Date: Wednesday, November 30, 2022

3. SCOPE OF WORK

1. Seeking one qualified firm/team to update the City's Traffic Reduction/Transportation Improvement Fee ("TR/TIF")

The City is seeking the services of a qualified firm/team to update the City’s Traffic Reduction/ Transportation Improvement Fee (City of Pasadena Ordinance 5571) through a nexus study establishing the relationship between new developments and the impact on traffic. The required components of the study are the following:

Task 1 - Project Management

The consultant shall provide one project manager to be the point of contact between the City and consultant. Virtual project update meetings will be held every two weeks throughout the life of the project. The consultant will provide an agenda at least 1 day prior to scheduled meetings.

The consultant will take notes and provide written meeting minutes within one week after every progress meeting.

Task 1.0 Deliverables

1.1 Project Manager contact information

1.2 1-hour virtual project update meeting with City staff every two weeks (approximately 12 meetings total)

1.3 Meeting Agenda for every project update meeting

1.4 Meeting Minutes to City staff within one week of every update meeting

Task 2 - Review Existing City Methodology and Other Agency Methodology

The consultant shall review the City’s existing methodology utilized to calculate the current Traffic Reduction/Transportation Improvement Fee and confirm that it is consistent with current regulations. The consultant shall complete a comparative study of fee amounts and methodologies used by up to ten other comparable cities in Southern California (City will assist in the research and provide a non-inclusive list of comparable cities).

Task 2.0 Deliverables

2.1 Draft memo summarizing the review of the City’s existing methodology, consistent with current regulations and results of the comparative study of fee amounts and methodologies from other agencies (in editable MS Word and pdf format)

2.2 Following City review, final memo to be incorporated into the final report identified in Task 4.

Task 3 - Projected Future Development, Future Facilities, and Portion of Benefit to Assign to Future Developments

Future Development

Release Date: Wednesday, November 30, 2022

The City will provide a calibrated and validated Travel Demand Model and associated data for analysis. This model was updated in 2017, with a 2035 build-out year consistent with the General Plan. The City uses modeling software TransCAD 7. The selected consultant would need to provide their own license to operate the model.

The consultant shall utilize projections in the City’s Travel Demand Model to determine how much development, by Land Use Category, is anticipated within the City by 2035. These projections shall then be compared with existing development Land Use Category information derived from the 2017 model and be updated to include City development building permit data for net new development from 2017 – 2022. The consultant shall use this data to determine future development’s fair share of future facilities costs.

The consultant shall recommend if the five current TR/TIF land use categories used by the City should remain or if they should be modified, including the potential for additional land use categories.

Future Facilities

The consultant shall recommend a needs list and transportation facilities cost based on the following documents:

• 2015 General Plan Mobility Element

• FY2023 – 2027 Capital Improvement Program

• Pedestrian Plan

• Short Range Transit Plan

• Bicycle Transportation Action Plan

• ITS Master Plan

• Local Road Safety Plan

• Measure R Mobility Improvement Project List

• ADA Compliance Plan

• Other planning documents as needed

Portion of Benefits to Assign to Future Developments

Based on the information collected through this task, the consultant shall determine the portion of benefits to assign to future developments and recommend the TR/TIF for each land use identified in this task. This nexus study will provide the validity of the recommended methodology for the fees, and the relationship between new development and the fee collected.

Task 3.0 Deliverables

3.1 Draft memo summarizing the results of this task (in editable MS Word and pdf format).

3.2 Following City review, final memo to be incorporated into the final report identified in Task 4.

Task 4 – Draft and Final Report

Release Date: Wednesday, November 30, 2022

The results of the analysis shall be provided in a comprehensive report which will be compiled based on the deliverables from Task 2 and 3. The report shall include an Executive Summary.

Following City staff review, a Final Report with updated TR/TIF Fee Table and a Transportation Facilities Needs List shall be submitted.

Task 4.0 Deliverables

4.1 Draft Report incorporating the prior task work efforts (in editable MS Word and pdf format).

4.2 Following City review, a final report (in editable MS Word and pdf format).

4.3 Deliverables of final report shall be no later than six (6) months from beginning of Contract.

Task 5 – Public Meetings

The Consultant shall develop presentation material (in MS PowerPoint format) and be available to present the results of the TR/TIF fee updates to the Transportation Advisory Commission, Finance Committee, Planning Commission, Municipal Services Committee, and the City Council.

Task 5.0 Deliverables per meeting

5.1 Draft memo and MS PowerPoint presentations for up to 5 Commission/Committee/City Council meetings.

5.2 Following City review, final memos and PowerPoint presentations for public meetings (in editable MS Word/PowerPoint and pdf format).

2. Requirements

At a minimum, the submitted Proposal should include:

• Recommended fee update strategy, including an outline of the general approach.

• Defined Scope of Work that includes specific measures, tasks, modes/tools of outreach, and deliverables.

Parties interested in responding are required to submit their Cost Proposal with their Technical proposal through Planet Bids.

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 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 cost proposal detail shall describe costs for each professional’s time, for the completion of each proposed task, and for all materials and supplies.

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

Release Date: Wednesday, November 30, 2022

3. Staffing

The City will require the resumes of all staff working on the project.

Release Date: Wednesday, November 30, 2022

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.

TRAFFIC REDUCTION/TRANSPORTATION IMPROVEMENT FEE (TR/TIF) PRICING TABLE

Detailed breakdown (with staffing hours) shall be included in the body of the proposal.

Release Date: Wednesday, November 30, 2022

Line Item Description Quantity Unit of Measure

Unit Cost Total

1 Task 1 - Project Management 1 LS

2 Task 2 - Review Existing City Methodology and Other Agency Methodology

1 LS

3 Task 3 - Projected Future Development, Future Facilities, and Portion of Benefit to Assign to Future Developments

1 LS

4 Task 4 - Draft and Final Report 1 LS

5 Task 5 - Public Meetings 1 LS

TOTAL

Release Date: Wednesday, November 30, 2022

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:

Release Date: Wednesday, November 30, 2022

No. Evaluation Criteria Scoring Method Weight (Points)

1. Approach This criterion will be used to assign points based on how well the proposal demonstrates the Proposer's understanding of the project, and on how well the Proposer describes the approach to satisfy the City requirements identified in the SCOPE OF WORK. The Proposer should be able to explain how each task identified in this RFP will be accomplished. Highlight any ingenious approaches to achieve the project objective.

Points Based 15 (15% 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.

Maximum point value will be awarded to Proposers that have successfully worked with 3 or more cities/municipalities on similar scope projects within the last 5 years.

Points Based 40 (40% of Total)

3. Ability to Perform Points will also be assigned based on availability and capability of the project team. Points will be assigned based on the qualifications of project team members identified in the "Statement of Qualifications" part of your proposal. The Proposer should include projects of similar scope that the project team member has done in the past with successful results.

The scoring will also be based on any additional number of value-added services, if any. If there are two or more firms with identical or very similar proposals, then the firm that provides the most value-added services beyond the RFP requirements will be assigned the higher score.

Points Based 20 (20% of Total)

Release Date: Wednesday, November 30, 2022

4. 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 15 (15% of Total)

5. 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.

Points Based 5 (5% of Total)

6. 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

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

Release Date: Wednesday, November 30, 2022

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.

Release Date: Wednesday, November 30, 2022

7. GENERAL REQUIREMENTS

1. Pasadena Living Wage Ordinance

This project is subject to the City of Pasadena's Living Wage Ordinance, Pasadena Municipal Code Chapter 4.11. The ordinance requires that contractors providing labor or services to the City under contracts in excess of $25,000 pay no less than the City’s Living Wage to all employees who spend any of their time providing labor or delivering services to the City.

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

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

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

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

2. 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.

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

Release Date: Wednesday, November 30, 2022

3. Certificate of Insurance

Proof of insurance is not required to be submitted with your bid, 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.

4. 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.

5. Equal opportunity contracting

Policy - The City of Pasadena is committed to a policy of Equal Opportunity Contracting. Qualified firms including small businesses and businesses owned by women, minorities, and disabled persons are encouraged to submit bids or proposals. 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 may be required to submit documentation during the term of the contract to evidence on-going compliance with the City’s Contracting Ordinance. Such documentation may include, but not be limited to certified payroll records and Current Permanent Workforce Utilization reports.

Questions regarding the City of Pasadena’s Contracting Ordinance and policy should be directed to the Department of Finance, Purchasing & Payables Division 626.744.6755.

6. 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.

7. Reservations

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.

8. Documents to be construed together

Release Date: Wednesday, November 30, 2022

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.

9. Errors and omissions

PROPOSER and/or the Contractor shall not be allowed to take advantage of any errors in or omissions from in the Request for Proposals. Full instructions will be given if such error or omission is discovered and timely called to the attention of the City.

10. 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.

11. 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.

12. Taxes

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

13. System for Award Management (SAM.Gov)

Prior to contract award, the winner of this solicitation must provide an active registration with "Sam.Gov." Vendors seeking to register can register for free at the following link:

https://sam.gov/content/entity-registration

14. 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.

15. 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.

https://sam.gov/content/entity-registration

Release Date: Wednesday, November 30, 2022

16. 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.

17. 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-reports/tax-payer-protection-act-tpa/

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

The highest scoring proposer may be required to submit a completed and signed IRS Form W-9.

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

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

19. Pasadena Business License

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

https://www.cityofpasadena.net/city-clerk/wp-content/uploads/sites/21/TPA-Disclosure-Form-Non-Land-Use-contracts-and-all-others.pdf?v=1657730649410 mailto:OfficialRecords-CityClerk@Cityofpasadena.net mailto:OfficialRecords-CityClerk@Cityofpasadena.net https://www.cityofpasadena.net/city-clerk/disclosure-reports/tax-payer-protection-act-tpa/ https://www.cityofpasadena.net/city-clerk/disclosure-reports/tax-payer-protection-act-tpa/ https://www.irs.gov/pub/irs-pdf/fw9.pdf https://www.irs.gov/pub/irs-pdf/fw9.pdf

Release Date: Wednesday, November 30, 2022

• 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 provide product or services for this contract, they are charged 33% of the annual tax (PMC 5.04.130C)

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

• Any subcontractors used by the awarded vendor 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/general-fund/fees-tax-schedules/

20. CONFLICT OF INTEREST STATEMENT ** REVIEW

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

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

21. Invoice Submission Portal

Invoice Submission Portal

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

How to submit invoices to the City of Pasadena?

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

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

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

22. Contract Duration https://www.cityofpasadena.net/finance/general-fund/fees-tax-schedules/ https://invoice.cityofpasadena.net/ https://invoice.cityofpasadena.net/PortalGuide.pdf

Release Date: Wednesday, November 30, 2022

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

23. RELEVANT EXPERIENCE

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

Release Date: Wednesday, November 30, 2022

8. INSURANCE REQUIREMENTS

1. Insurance Requirements (PROFESSIONAL SERVICES) 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

Release Date: Wednesday, November 30, 2022

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:

Release Date: Wednesday, November 30, 2022

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…