Safe_Speed_Campaign.pdf

REQUEST FOR PROPOSALS

FURNISH AND DELIVER

SAFE SPEED CAMPAIGN

FOR THE

TRANSPORTATION DEPARTMENT

CITY OF PASADENA, CALIFORNIA

Request for Proposals - Safe Speed Campaign Release Date: Tuesday, December 20, 2022

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) J - REQUIRED_FORMS_-_AAs_-_SIG-LEGAL-STATUS_-_DECLARATION_OF_NONCOLUSION (27)

1. INTRODUCTION

1. Summary

The City of Pasadena is seeking consultant services to Develop and Implement a Motorist Safety Campaign and Outreach Program focused on the importance of safe speeds. This outreach will include the planning and conducting of active transportation safety presentations, safety fairs, and pop-up events, procurement of digital media including targeted social media, and development and distribution of safety education materials, posters, and banners.

Funding for this pedestrian and bicyclist safety program is provided by a grant from the California Office of Traffic Safety through the National Highway Traffic Safety Administration.

2. Background

A November 2020 study on traffic patterns conducted by the Pasadena Department of Transportation found that average speeds Citywide were at least 1 to 2 miles per hour faster during post-Safer at Home Order months compared to the same time in 2019 and remains faster to this day. These increased speeds have had a measurable effect on pedestrian and bicycle involved crash data. Data from 2019-21 revealed that speeding is a growing primary collision factor in pedestrian and bicycle involved crashes. This campaign seeks to remind drivers of the need to watch their speeds and their driving habits. The total anticipated cost of this campaign is $70,000 to $80,000 dollars.

3. Contact Information

Project Contact:

Donson Liu Associate Engineer Email: dliu@cityofpasadena.net Phone: (626) 744-7672 Procurement Contact:

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

Transportation Department

4. Timeline mailto:dliu@cityofpasadena.net tel:(626)744-7672 mailto:awatson@cityofpasadena.net tel:(626)744-8382

Release Project Date December 20, 2022

Question Submission Deadline December 30, 2022, 12:00pm

Proposal Submission Deadline January 13, 2023, 12:00pm

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 National Highway Traffic Safety Administration through the California Office of Traffic Safety . 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 Friday, January 13, 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 40 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/32572?section=265694 https://procurement.opengov.com/portal/pasadena/projects/32572?section=265698 https://procurement.opengov.com/portal/pasadena/projects/32572?section=265694

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 Friday, December 30, 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.

Customer Service https://procurement.opengov.com/portal/pasadena/projects/32572?section=265694 https://procurement.opengov.com/portal/pasadena/projects/32572?section=265698 https://procurement.opengov.com/portal/pasadena/projects/32572?section=265694 https://procurement.opengov.com/portal/pasadena https://procurement.opengov.com/portal/pasadena mailto:procurement-support@opengov.com

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 ,Safe Speed Campaign, 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.

10. Withdraw of Proposal mailto:procurement-support@opengov.com mailto:procurement-support@opengov.com https://procurement.opengov.com/portal/pasadena/projects/32572?section=265697

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

3. SCOPE OF WORK

1. Overview

The City of Pasadena is seeking consultant services to Develop and Implement a Motorist Safety Campaign and Outreach Program focused on the importance of safe speeds. This outreach will include the planning and conducting of active transportation safety presentations, safety fairs, and pop-up events, procurement of digital media including targeted social media, and development and distribution of safety education materials, posters, and banners.

The consultant will be responsible for developing creative ways to distribute educational materials designed to teach people about the importance of safe driving with a focus on the need to drive at or below posted speed limits. The consultant will provide street teams for safety outreach and educational material distributions during at least forty (40) pop-up engagements throughout the life of the campaign, targeting parking areas around central business districts and other major local attractions. The consultant will coordinate with local parking garage operators and business districts for distribution of safety information. The consultant will participate in National Walk to School Day, National Bicycle Safety Month, California’s Pedestrian Safety Month, and National Pedestrian Safety Month. The consultant will utilize social media to disseminate safety information. The outreach component should be the main emphasis of the submitted proposal.

This project consists of the following key elements:

1) Development of safety campaign

2) Development of outreach plan

3) Procurement of public relations material

4) Street teams to distribute safety materials

5) Distribution of safety information to local parking garage operators and business districts.

6) Implementation of the outreach plan via street teams/community outreach, specifically:

- Participation in at least three (3) community events with an effort to reach individuals

- Work with community-based organizations at both the neighborhood and community level

- Conduct at least forty (40) pop-up community outreach engagements

7) Social media campaign to promote safe driving

8) Summary Report detailing dates of events, photos, and level of engagement for the entire campaign.

2. Duration and Service Dates

The campaign is anticipated to start in April/May 2023. All work must be completed and invoiced by September 30, 2023.

The Proposal shall include a proposed work schedule to indicate duration and completion dates along with any project milestone and or deliverables needed to complete the project on time.

Proposal shall also include an estimate on the amount of time to be spent with City Staff.

3. 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.

4. Development of a Safety Campaign

The consultant shall develop a physical and digital media safety campaign emphasizing the dangers of speeding to drivers. The physical media campaign will be designed to fit 11" x 17" posters, safety and educational pamphlets for use in in-person outreach opportunities, and bus shelters. The digital media campaign will focus on social media posts for distribution through various City and community organization pages via platforms such as but not exclusively Instagram, Twitter, Facebook, and NextDoor.

The campaign will be similar in messaging to the statewide traffic safety campaign developed by the Office of Traffic Safety, Go Safely California (https://gosafelyca.org/), but tailored to Pasadena and shall emphasize the importance of speed and safe driving.

Deliverables:

1) At least two drafts of physical and social media materials to be submitted to City staff for review before the campaign is finalized.

2) A final design and production of the campaign and collateral materials.

5. Development of Outreach Plan

The outreach plan should outline how the target audience will be reached and it should provide a schedule, which includes a street team staffing pop-up tables for a minimum of forty (40) pop-up engagements. The plan also includes participation in National Walk to School Day, National Bicycle Safety Month, California’s Pedestrian Safety Month, and National Pedestrian Safety Month. City staff will assist with participation in these events.

Deliverable:

1) An outreach plan which outlines the implementation of the campaign and provides an outreach schedule for both in-person engagement, physical media distribution, and social media campaign.

2) Meeting minutes from meetings associated with this task.

6. Procurement of Campaign Materials and Implementation of Outreach Plan https://gosafelyca.org/

The consultant shall distribute campaign posters, pamphlets, and any other collateral material to the target audience based on the outreach plan. This task also includes providing posters to local parking garage operators and central business district associations. Bilingual (Spanish) outreach is required.

Deliverable:

1) At least 200 11" x 17" posters, 1,600 pamphlets, and 22 bus stop shelter posters. Materials should include Spanish when feasible. If Spanish text cannot be included on English materials, 25% of all materials should be translated to Spanish. Bus Shelter ad placement costs will be managed by City staff through Public Service Announcement allotments provided by local bus shelter operators.

2) At least forty (40) in-person pop-up engagements to distribute materials at high-traffic areas such as central business districts with a focus on parking garages. These small engagements will require 2 staff members for approximately 2 to 4 hours each time.

3) Staffing at at least three (3) large community events. City staff will assist with identification of these events. These large community events will require 2 staff members for approximately 4 hours at each event.

4) Social Media posts and targeted advertisement for 12 weeks to Pasadena residents.

7. Campaign Summary Report

The consultant shall provide a summary report at the conclusion of the campaign documenting physical in-person outreach efforts, social media posts, and physical media distribution. Dates, photos, and estimated engagement numbers will also be provided.

Deliverable:

1) Documentation for the implementation of the bicycle safety outreach plan, include an after action summary of the outreach, pictures of the event, and any social media material used to promote the outreach.

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.

CAMPAIGN DEVELOPMENT AND MANAGEMENT

Line Item Description Unit of Measure Unit Cost

1 Campaign Management and Meetings Lump Sum

2 Campaign Development Lump Sum

3 Outreach Plan Development Lump Sum

4 Campaign Summary Report Lump Sum

CAMPAIGN IMPLEMENTATION AND STAFFING

Line Item Description Quantity Unit of Measure

Unit Cost Total

5 Pop-Up Safety Education Engagements 40 Engagements

6 Large Community Event Staffing 3 Engagements

7 Physical Media Distribution 1 Lump Sum

8 Social Media Campaign (Instagram, Facebook, NextDoor)

12 Weeks

TOTAL

DIRECT COSTS

Line Item Description Quantity Unit of Measure

Unit Cost Total

9 11" x 17" Posters 200 Posters

10 Safety Pamphlets 1,600 Pamphlets

11 Bus Shelter Posters 22 Posters

12 In-Person Engagement Support Materials (tablecloths, etc.)

1 Lump Sum

TOTAL

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. Company Staffing Assigned to the Project Points will be assigned for staffing assigned to this project/contract; and staff accessibility and availability to the project. Education and experience of key personnel. Consideration will be given based on the professional, technical, and educational qualifications of personnel that will be assigned to the project based on the resumes provided. Proposer should demonstrate that all key personnel have been successfully involved with projects of similar scope and magnitude.

Points Based 10 (10% of Total)

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 20 (20% 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

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.

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. 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.

3. 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.

4. 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.

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

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.

5. 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.

6. 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.

7. 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.

8. 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.

9. 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.

10. 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.

11. Taxes

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

12. 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

13. 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.

14. 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.

15. 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.

16. Taxpayer Protection Act https://sam.gov/content/entity-registration

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/

17. 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

18. 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.

• 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.

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

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/

19. 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

20. 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.

21. Contract Duration

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

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

8. INSURANCE REQUIREMENTS

1. Insurance Requirements (GENERAL) https://www.cityofpasadena.net/finance/wp-content/uploads/sites/27/General-Most- Contracts.pdf?v=1623280176766 https://www.cityofpasadena.net/finance/wp-content/uploads/sites/27/General-Most-Contracts.pdf?v=1623280176766 https://www.cityofpasadena.net/finance/wp-content/uploads/sites/27/General-Most-Contracts.pdf?v=1623280176766

9. PUBLIC CONTRACT CLAIMS PROCEDURE

PUBLIC CONTRACT CODE SEC. 9204 NEW PUBLIC WORKS CLAIMS PROCEDURE

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SECTION 1.

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

9204.

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

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

(c) For purposes of this section:

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

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

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

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

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

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

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

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

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

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

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

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

The Department of General Services as to all other projects.

The High-Speed Rail Authority.

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

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

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

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

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

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

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

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

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

(D) Unless otherwise agreed to by the public entity and the contractor in writing, the…