Rose Bowl Stadium Administrative Offices Housekeeping Bid Documents

ROSE BOWL OPERATING COMPANY NOTICE INVITING BIDS

FURNISH MATERIALS FOR ADMINISTRATIVE OFFICES HOUSEKEEPING

Three (3) copies of sealed bids will be received prior to 12:00 P.M. PST on Thursday, March 26, 2020, by Nancy Silver, Director of Compliance, at the Rose Bowl Administrative Offices, 1001 Rose Bowl Drive, Pasadena, CA 91103, and will be opened at that time and place. The bids shall be clearly titled:

“Furnish Materials for Administrative Offices Housekeeping”

Copies of the Specifications may be obtained by mail or in person from the Rose Bowl Administrative Offices, 1001 Rose Bowl Drive, Pasadena, CA, 91103, Telephone No. (626) 577-3100, or on the Rose Bowl website at www.rosebowlstadium.com. Refer to the specifications for complete details and bidding requirements. The Specification and this Notice shall be considered a part of any contract made pursuant thereunder.

Bid security in the amount of five percent (5%) of the total bid price in the form of cash, a certified or cashier’s check, money order, or surety bond must accompany the bid.

Bidders are required to be fully licensed by the Contractor’s State License Board (CSLB), must be registered with the California Department of Industrial Relations, and must otherwise comply with any state, federal and/or local laws and regulations governing the industry. Refer to the Specifications for complete details and bid requirements. The Specifications and this Notice shall be considered a part of any contract made pursuant thereto.

Parties interested in responding are asked to submit a signed original and two (2) copies of the bid documents no later than 12:00 p.m. PST, on Thursday March 26, 2020 to:

Rose Bowl Operating Company Nancy Silver, Stadium Director of Compliance 1001 Rose Bowl Drive Pasadena, CA 91103 626-577-3100 P/626-405-0992 F [email protected]

If you have any questions regarding any aspect of this RFP, please contact Nancy Silver, Stadium Director of Compliance, via email at [email protected].

DATED: March 4, 2020

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1 ROSE BOWL OPERATING COMPANY

Instructions to Bidders and Specifications for

FURNISH MATERIALS FOR ADMINISTRATIVE OFFICES HOUSEKEEPING

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RBOC personnel with whom prospective bidders will deal with are:

Nancy Silver, Director of Compliance, Rose Bowl Stadium, Pasadena, California, (626) 577-3100, [email protected].

Bid opening time is 12:00 P.M. PST on Thursday, March 26, 2020

Bids will be received and opened at the Rose Bowl Administrative Offices, 1001 Rose Bowl Drive, Pasadena, CA 91103.

The bid must be received by the Rose Bowl Operating Company Director of Compliance prior to the time set for bid opening. A bid received after the time set for the bid opening shall not be considered.

2 Table of Contents NOTICE INVITING BIDS ...... 1 INSTRUCTIONS TO BIDDERS ...... 4 1.0 GENERAL INSTRUCTIONS ...... ERROR! BOOKMARK NOT DEFINED. 1.1 GENERAL BID REQUIREMENTS...... ERROR! BOOKMARK NOT DEFINED. 1.2 BIDDER’S GUARANTEE ...... ERROR! BOOKMARK NOT DEFINED. 1.3 BIDDER MUST MAKE THOROUGH INVESTIGATION ...... ERROR! BOOKMARK NOT DEFINED. 1.4 ACCEPTANCE OF CONDITIONS ...... ERROR! BOOKMARK NOT DEFINED. 1.5 TRUTH AND ACCURACY OF REPRESENTATION...... ERROR! BOOKMARK NOT DEFINED. 1.6 CITY CHANGES TO THE BID DOCUMENTS...... ERROR! BOOKMARK NOT DEFINED. 1.7 NOTICE REGARDING DISCLOSURE OF CONTENTS OF DOCUMENT ...... ERROR! BOOKMARK NOT DEFINED. 1.8 AWARD OF BID AND DETERMINATION OF RESPONSIVENESS ...... ERROR! BOOKMARK NOT DEFINED. 1.9 ERRORS AND OMISSIONS ...... ERROR! BOOKMARK NOT DEFINED. 1.10 PATENT FEES; PATENT, COPYRIGHT, TRADE SECRET AND TRADEMARK FEES……...... ERROR! BOOKMARK NOT DEFINED. 1.11 TAXES ...... ERROR! BOOKMARK NOT DEFINED. 1.12 LOCAL BIDDERS; REFUND OF SALES AND USE TAX ...... ERROR! BOOKMARK NOT DEFINED. 1.13 SPECIAL REQUIREMENTS OF CONTRACTORS ...... ERROR! BOOKMARK NOT DEFINED. 2.0 SPECIAL CITY REQUIREMENTS ...... ERROR! BOOKMARK NOT DEFINED. 2.1 EQUAL EMPLOYMENT OPPORTUNITY IN CONTRACTING ...... ERROR! BOOKMARK NOT DEFINED. 2.2 DECLARATION OF NON-COLLUSION BY CONTRACTOR ...... ERROR! BOOKMARK NOT DEFINED. 2.3 LOCAL PREFERENCES...... ERROR! BOOKMARK NOT DEFINED. 3.0 GENERAL SPECIFICATIONS ...... ERROR! BOOKMARK NOT DEFINED. 3.1 BID PROPOSAL QUANTITIES ...... ERROR! BOOKMARK NOT DEFINED. 3.2 EVALUATION OF BID ...... ERROR! BOOKMARK NOT DEFINED. 3.3 SAMPLE CONTRACT ...... ERROR! BOOKMARK NOT DEFINED. 3.4 LICENSE AND PERMITS ...... ERROR! BOOKMARK NOT DEFINED. 3.5 SUBSTITUTION FOR PATENTED AND SPECIFIED ARTICLES ...... ERROR! BOOKMARK NOT DEFINED. 3.6 BID YOUR FULL EQUAL OR BETTER...... ERROR! BOOKMARK NOT DEFINED. 3.7 PASADENA LIVING WAGE ORDINANCE ...... ERROR! BOOKMARK NOT DEFINED. 3.8 PREVAILING WAGE RATE PROJECT ...... 11 3.9 NOTICE REQUIREMENTS ...... ERROR! BOOKMARK NOT DEFINED. 3.10 PAYMENT ...... ERROR! BOOKMARK NOT DEFINED. 3.11 LIABILITY INSURANCE...... ERROR! BOOKMARK NOT DEFINED. 3.12 REQUEST FOR TAXPAYER IDENTIFICATION NUMBER AND CERTIFICATION (IRS FORM W-9) ...... ERROR! BOOKMARK NOT DEFINED. 3.13 DURATION OF CONTRACT ...... ERROR! BOOKMARK NOT DEFINED. 3.14 PRICE ADJUSTMENTS ...... ERROR! BOOKMARK NOT DEFINED. 4.0 BID SPECIFICATIONS FOR: FIELD MAINTENANCE PRODUCTS ...... 12 4.1 GENERAL REQUIREMENTS ...... 12 5.0 BIDDER’S PROPOSAL ...... 31 6.0 SIGNATURE PAGE AND LEGAL STATUS ...... 34 7.0 ATTACHMENTS ...... 35 BIDDER’S CHECKLIST ...... 36 DECLARATION OF NON-COLLUSION BY CONTRACTOR ...... 37 VENDOR QUESTIONNAIRE (FORM AA-1) ...... 23 PROJECT WORKFORCE UTILIZATION (FORM AA-2) ...... 24 CURRENT PERMANENT WORKFORCE UTILIZATION (FORM AA-3) ...... 25 REQUEST FOR TAXPAYER IDENTIFICATION NUMBER AND CERTIFICATION (IRS FORM W-9)...... ERROR! BOOKMARK NOT DEFINED. INSURANCE REQUIREMENTS ...... 40 SAMPLE CONTRACT ...... 30

INSTRUCTIONS TO BIDDERS:

1.0 GENERAL INSTRUCTIONS

1.1 GENERAL BID REQUIREMENTS: To be considered, a bidder must follow the format for bids in the specifications. Bids must be binding and firm. Any bid may be withdrawn before bid opening but not for 90 days after opening.

1.2 BIDDER’S GUARANTEE: Bid security in the amount of five percent (5%) of the total bid price in the form of cash, cashier's check, money order or surety bond, meeting RBOC/City requirements, must accompany all bids. If the Bidder to whom the contract is awarded shall for fifteen (15) calendar days after such award fail or neglect to enter into the contract and file the required bonds, the RBOC may deposit said bid security and, under no circumstances, shall it be returned to the defaulting Bidder.

1.3 BIDDER MUST MAKE THOROUGH INVESTIGATION: It is the bidder's responsibility to examine the location of the proposed work, to fully acquaint themselves with the specifications and the nature of the work to be done. The bidder shall have no claim against the RBOC/City based upon ignorance of the nature and requirements of the project, misapprehension of site conditions, or misunderstanding of the specifications or contract provisions.

1.4 ACCEPTANCE OF CONDITIONS: By submitting a bid, each bidder expressly agrees to and accepts the following conditions:

1.4.1 All parts of the Instructions to Bidders and Specifications will become part of the Contract between the selected bidder and the RBOC; 1.4.2 The RBOC may require whatever evidence is deemed necessary relative to the bidder's financial stability and ability to complete this project; 1.4.3 The RBOC reserves the right to request further information from the bidder, either in writing or orally, to establish any stated qualifications; 1.4.4 The RBOC reserves the right to solely judge the bidder's representations, and to solely determine whether the bidder is qualified to undertake the project pursuant to the criteria set forth herein. The bidder, by submitting a bid, expressly acknowledges and agrees that the judgment of the RBOC as to whether or not the bidder is qualified to perform the project, shall be final, binding and conclusive; 1.4.5 The RBOC reserves the right to reject all bids, waive any irregularity in any of the bids, or cancel or delay the project at any time; 1.4.6 This bidding process does not commit the RBOC to award any contract, and the RBOC is not liable for any costs incurred by the bidder in the preparation and submission of a bid.

4 1.5 TRUTH AND ACCURACY OF REPRESENTATION False, incomplete or unresponsive statements in connection with the bid may be sufficient cause for rejection of a bidder. 1.6 RBOC CHANGES TO THE BID DOCUMENTS. The RBOC reserves the right to change any part of these Instructions to Bidders and Specifications any time prior to the bid opening. Any changes shall be in the form of addenda and will become a part of the bid documents and of the contract. Addenda shall be made available to each bidder. A bidder's failure to address the requirements of the addenda may result in the bid not being considered. If the RBOC determines that a time extension is required for the bid, the addenda will give the new submission date.

1.7 NOTICE REGARDING DISCLOSURE OF CONTENTS OF DOCUMENT: All bids accepted by the RBOC at the time of bid opening shall become the exclusive property of the RBOC. Upon opening, all bids accepted by the RBOC shall become a matter of public record and shall be regarded as public, with the exception of those elements of each bid which are identified by the bidder as business or trade secrets and plainly marked as "trade secret," "confidential," or "proprietary." Each element of a bid which a bidder 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 RBOC in any way whatsoever. If disclosure is required under the California Public Records Act or otherwise by law (despite the bidder's request for confidentiality), the RBOC shall not in any way be liable or responsible for the disclosure of any such records or part thereof.

1.8 AWARD OF BID AND DETERMINATION OF RESPONSIVENESS: The contract shall be awarded to the lowest responsive and responsible bidder. In determining whether a bidder is responsible and responsive, the following shall be considered:

1.8.1 The quality of the material offered; 1.8.2 The ability, capacity and skill of the bidder to perform the contract or provide the material or services; 1.8.3 Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference; 1.8.4 The sufficiency of the bidder's financial resources and the effect thereof on his ability to perform the contract or provide the material or services; 1.8.5 The character, integrity, reputation, judgment, experience and efficiency of the bidder; 1.8.6 The quality and timeliness of the bidder's performance on previous orders or contracts for the RBOC; 1.8.7 Litigation by the bidder on previous orders or contracts with the RBOC; 1.8.8 The ability of the bidder to provide future maintenance and service where such maintenance and service is essential.

1.9 ERRORS AND OMISSIONS: Bidders shall not be allowed to take advantage of any errors or omissions in the Instructions to Bidders or Specifications. Full instructions will be given if such error or omission is discovered and timely called to the attention of the RBOC.

5 1.10 PATENT FEES; PATENT, COPYRIGHT, TRADE SECRET AND TRADEMARK FEES: Each bidder 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.

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

1.12 LOCAL BIDDERS; REFUND OF SALES AND USE TAX: For the purpose of determining the lowest bidder on a contract for materials and supplies only, 1% of that portion of the bid subject to sales or use tax shall be deducted from any bid where it is determined that if such bidder were awarded the contract, the RBOC would receive a refund of the 1% sales and use tax pursuant to the Uniform Sales and Use Tax Ordinance of the City of Pasadena.

1.13 SPECIAL REQUIREMENTS OF CONTRACTORS: There is a separate packet of forms as part of these specifications that a bidder must complete to establish compliance with a number of special City of Pasadena requirements, including, but not limited to, Equal Employment and Affidavit of Non- Collusion. These forms and their instructions should be considered an integral part of the specifications and failure to complete them shall be grounds, in the sole discretion of the RBOC, for rejection of any bidder.

1.14 PUBLIC CONTRACT CODE SEC. 9204 NEW PUBLIC WORKS CLAIMS PROCEDURE As detailed in Attachment 7.1 new Public Contract Code Section 9204, effective January 1, 2017, specifies new procedural requirements for claims submitted by a contractor on any public works project.

1.15 FEDERAL TERMS AND CONDITIONS In as much as there are Federal Requirements for this solicitation please the attachment named “Federal Terms & Conditions.”

2.0 SPECIAL CITY/RBOC REQUIREMENTS

2.1 EQUAL EMPLOYMENT OPPORTUNITY IN CONTRACTING:

2.1.1 Policy - The City of Pasadena is committed to a policy of Equal Employment: Contracting. Contractors expressly agree to comply with the City’s ordinances and regulations regarding Equal Opportunity Employment as well as regulations that may be mandated by the source of the funds supporting this contract.

2.1.2 Compliance – To the extent permitted by law, Contractor expressly agrees to establish compliance with the Equal Employment Opportunity Practices Provisions of Chapter 4.08 of the Pasadena Municipal Code, and the Rules and Regulations adopted pursuant to said ordinance. The successful bidder may be required to submit documentation during the term of the contract to evidence on going compliance with the City’s Equal 6 Opportunity Practices Provisions. Such documentation may include, but not be limited to certified payroll records and Current Permanent Workforce Utilization reports. Required Forms – Each bidder must submit a completed Form AA-1. Failure to submit this form will result in automatic disqualification with no exceptions unless bidder has an approved Form on file with the RBOC. Questions regarding Chapter 4.08 of the Pasadena Municipal Code and regulations adopted pursuant thereto should be directed to the Department of Finance, Purchasing & Payables Division 626.744.6755.

2.2 DECLARATION OF NON-COLLUSION BY CONTRACTOR: The RBOC/City requires that each bidder executes and submits to the RBOC with the Bid, the attached Declaration of Non-Collusion.

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

2.4 PROTEST PROCEDURE This procedure specifies the process to be utilized by the RBOC in resolving protests regarding this solicitation. In order for a protest to be considered by the RBOC, it must be submitted in accordance with the procedures outlined in the FORMAL SOLICATION PROTEST PROCEDURE found on the Rose Bowl Stadium website (www.rosebowlstadium.com) and which is outlined below. A protest submitted that is not in accordance with this procedure, may be returned to the submitting party without any further action by the RBOC.

Rose Bowl Operating Company Bid Protest Procedure: (a) Prior to contract award and no more than ten working days (working days are Monday through Friday) after the bid opening, any responsive bidder who has submitted a bid may file a protest with the Director of Compliance. (b) All protests must be in writing, dated, with the specific name of the bid, signed by an authorized representative of the company and must contain clear and complete statements of the reason(s) for the protest; including citing the law(s), regulations or procedures on which the protest is based. It is the sole responsibility of the aggrieved bidder/vendor to provide all necessary facts and evidence to support the written protest. (c) The Director of Compliance will review such protest and issue a written decision within ten working days of receipt of the written protest. During this procedure the RBOC/City shall not proceed with an award until such time that the decision is given in writing to the aggrieved bidder. (d) Any appeal of the Director of Compliance’s decision shall be made to the RBOC General Manager prior to the final award. The Director of Compliance decision shall be binding and final. (e) In circumstances of urgent need and when it is in the best interest of the RBOC/City to do so, the RBOC General Manager may dispense with the protest procedure.

7 (f) Protests are to be mailed or hand delivered in a form requiring proof of delivery to the attention of the Director of Compliance at the following address: Rose Bowl Administrative Offices, 1001 Rose Bowl Drive, Pasadena, CA 91103. (g) In no event shall a protest be considered if all bids are rejected and/or after the award of a contract. (h) Any bid protest that does not comply with the process provided for in this section shall not be reviewed.

2.5 BID SHALL REMAIN OPEN Bidder agrees that their bid shall remain open and shall not be withdrawn for a period of not less than one hundred and twenty (120) calendar days from the date of opening bids, or until rejected by the RBOC, whichever occurs first.

3.0 GENERAL SPECIFICATIONS

3.1 BID PROPOSAL QUANTITIES: The quantities contained in the bid documents are approximate only and are for the sole purpose of comparing bids. The RBOC may, in accordance with the specifications, order more equipment and/or materials as necessary at the RBOC's sole discretion, as increased by the unit price noted and payment will be made for the amount of material actually provided as determined by the RBOC and accepted at the unit prices noted in the bid.

3.2 EVALUATION OF BID: Bids will be evaluated based on the lowest Grand Total Price submitted in the Bidders' Proposal. The contract award will be made from among responsive and responsible bidders. In case of a discrepancy between the unit prices and item total, the unit price shall govern. In the event of a discrepancy between the item totals and the grand total price the item totals shall prevail. The prices will be subject to adjustment by the RBOC on that basis in the event of discrepancy and bid awarded.

3.3 SAMPLE CONTRACT: A sample of the contract the successful bidder will be required to enter into with the RBOC is attached hereto and by this reference incorporated herein and made part of these specifications.

3.4 LICENSE AND PERMITS: Contractor shall obtain and pay for any required business license under Title 5 of the Pasadena Municipal Code. For further information contact Municipal Services Department at (626) 744-4166, Monday-Friday between 8:00 a.m. and 5:00 p.m.

3.5 SUBSTITUTION FOR PATENTED AND SPECIFIED ARTICLES: Wherever these Specifications specify any material or process by patent or proprietary name, or by name of manufacturer, such specification is only for the purpose of describing the material or process desired and shall be deemed to be followed by the words and/or approved equivalent. Any bidder may offer in the proposal any material or process that is equivalent in every respect to the material or process specified. This statement of alternate unit shall clearly describe the material or process for which the substitution is proposed and shall provide technical data establishing equivalency. 8

3.6 BID YOUR FULL EQUAL OR BETTER: Materials and equipment furnished shall be new, complete, ready-for-use and of the latest model, shall not have been used in demonstration or other services and have all the usual equipment as shown by manufacturer’s current specifications and catalogs unless otherwise specified.

3.7 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 RBOC. 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.

3.8 PASADENA MINIMUM WAGE ORDINANCE:

This project is subject to the City of Pasadena's Minimum Wage Ordinance. The Pasadena City Council adopted a Minimum Wage Ordinance on March 14, 2016. The ordinance takes effect on July 1, 2016, for large employers and July 1, 2017, for smaller employers. The recently adopted state minimum wage law does not preempt Pasadena’s minimum wage ordinance. Pasadena’s minimum wage ordinance provides for a steeper increase in the minimum wage than does the State.

The employer wage rate implementation schedule is as follows:

Employers with 26 or more employees shall pay a wage of no less than the hourly rates set forth:

1. On July 1, 2019, the hourly wage shall be $14.25 2. On July 1, 2020, the hourly wage shall be $15.00

Employers with 25 or fewer employees shall pay a wage of no less than the hourly rates set forth:

1. On July 1, 2019, the hourly wage shall be $13.25 9 2. On July 1, 2020, the hourly wage shall be $14.25 3. On July 1, 2021, the hourly wage shall be $15.00

3.9 LIABILITY INSURANCE: Proof of insurance is not required to be submitted with your bid but will be required prior to the RBOC's award of the contract. A copy of the RBOC/City of Pasadena standard insurance requirements is included in the Attachments.

3.10 REQUEST FOR TAXPAYER IDENTIFICATION NUMBER AND CERTIFICATION (IRS Form W-9): The apparent low bidder 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.

3.11 DURATION OF CONTRACT: The initial term of the contract resulting from these Specifications shall be for three (3) years from the date of execution by the RBOC/City. The contract may be extended for two (2) optional one-year extension periods if the same prices, terms and conditions are deemed acceptable to the RBOC General Manager in his sole discretion.

3.12 COMPENSATION: 3.12.1 Fees and rates made part of the contract document are to remain firm for the original performance period. For any renewal year, fees and rates may be adjusted to reflect changes in the Consumer Price Index (Urban Consumers Index for the Los Angeles — Anaheim; Riverside Area or any successor index issued by the Federal Government) for the six (6) months immediately preceding the renewal year, in comparison to the previous year, but shall not exceed 3% annually.

3.12.2 Invoices and Payment A. Invoices are to be submitted no later than 30 days after services have been rendered. B. All charges are to be identified by assignment, areas, hours, and reimbursable expenses itemized and listed separately. C. Payment for the RBOC approved invoice will be paid within 30 days of receipt by the RBOC Accounts Payable Administrator.

3.13 PREVAILING WAGE RATE PROJECT: The prevailing wage rate provisions of Section 1770-1777 of the Labor Code and Section 7-2, entitled "Labor", of the Standard Specifications shall apply to this project. However, if there is a difference between the Pasadena Living Wage and Prevailing Wage rates for similar classifications of labor, the contractor and his subcontractors shall pay no less than the highest wage rate.

3.14 NOTICE REQUIREMENTS: No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

10 No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

3.15 CONTRACT BONDS: The Bidder to whom a contract is awarded shall file the bonds specified by Section 1.2, "Contract Bonds," of the Standard Specifications before execution of the contract. The term "Contract Price" shall be deemed to mean the total contract "not to exceed" amount consisting of the base bid stated in the Bidder's Proposal plus such additional amounts provided for adjustments to the estimated quantities contained in the Bidder's Proposal and for extra work covered by approved change orders, if any.

3.16 LIQUIDATED DAMAGES: Failure of the contractor to meet the delivery date will result in damages being sustained by the RBOC. Such damages are, and will continue to be, impracticable and extremely difficult to determine. For each consecutive calendar day in excess of the delivery date the Contractor shall pay the RBOC, or have withheld from monies due it, the sum of $100.00 per day. Execution of the Contract shall constitute agreement by the RBOC and the Contractor that this represents the minimum value of the costs and actual damage caused by the failure of Contractor to meet the delivery date. Such sum is liquidated damages and shall not be construed as a penalty and may be deducted from payments due Contractor if such delays occur.

3.17 REQUEST FOR TAXPAYER IDENTIFICATION NUMBER AND CERTIFICATION (IRS Form W-9): The apparent low bidder 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.

3.18 PRICE ADJUSTMENTS: At the conclusion of the initial contract term and prior to the commencement of the second contract year or any subsequent contract extension period, the contractor may request unit price increases. Under no circumstances shall the RBOC accept price increases, which exceed the rate of the then current Consumer Price Index (C.P.I.) for the latest available preceding 12-month period. Any such price increase shall not exceed three percent (3%) per contract year without RBOC Board Approval.

3.19 STADIUM INVESTMENT: The successful proposer will be required to make an annual investment in premium seating inventory, stadium sponsorship or Legacy donor pledge consisting of a minimum annual cost of $12,500 (equal to the purchase of four (4) club seats for the UCLA Home Football season and Tournament of Roses, Rose Bowl Game).

11 4.0 BID SPECIFICATIONS FOR: FURNISH MATERIALS FOR ADMINISTRATIVE OFFICES HOUSEKEEPING

4.1 GENERAL REQUIREMENTS - Scope of Work

The Rose Bowl Operating Company (“RBOC”), an agent for the City of Pasadena (“City”), seeks a qualified firm to provide Housekeeping Services (“Contract Services”) to the Administrative Offices at the Rose Bowl Stadium. The term of the agreement shall be for an initial period of three (3) years, with two one-year options to renew if the same prices, terms and conditions are deemed acceptable to the RBOC General Manager in his sole discretion. A brief summary of the Contract Services requested is as follows, and a specification of Tasks and Services is provided within the body of these specifications:

4.2. REGULAR CLEANING OF ADMINISTRATIVE OFFICES The Rose Bowl Administrative Offices are located adjacent to the stadium. For the Administrative Offices, contractor shall provide one (1) worker Monday through Friday, from 6:30 a.m. to 2:30 p.m., in order to accomplish the cleaning services at the Rose Bowl Administrative Offices.

4.2.1 Administrative Offices Areas. The following areas require daily cleaning, five (5) days a week Monday through Friday, from 6:30 a.m. to 2:30 p.m.: • Administrative Office Areas o Administrative Office Building (consisting of seven executive offices, three clerical offices, a kitchen, two rest rooms, a conference room, a large open area used for event day operations, three maintenance offices, one maintenance restroom, and a vault storage area (5,700 square feet) o Public safety building o Conference Room B o Legacy offices o Wipe down of RBOC owned golf carts • IMG & Legends trailers • Auto Gate Booth

4.2.2 Brookside Clubhouse Areas. Brookside Clubhouse is located on the Brookside Golf Course, adjacent to the Rose Bowl Stadium Property. For Brookside Clubhouse, Contractor shall provide a minimum of two workers daily (one per each eight-hour shift), from 6:00 a.m. to 2:00 p.m. (first shift) then 2:00 p.m. to 10:00 p.m. (second shift).

The following areas require daily cleaning, seven (7) days a week: • Brookside Clubhouse o Common areas (including trash cans outside of clubhouse) o Restrooms o Four meeting/banquet rooms o Entry / Exit area o Director of Golf Operations’ Office o American Golf Corporation offices o Sales offices o Dining Room and kitchen (end of day, after close of restaurant) o South patio area 12 4.2 EXPERIENCE

The bidder must demonstrate a minimum of three (3) years successful experience in cleaning a facility of a similar size and function as the Rose Bowl Administrative Offices and Brookside Clubhouse, including but not limited to restaurant, kitchen and banquet area experience, and must also demonstrate that such experience occurred within the past seven (7) years.The bidder must provide a minimum of three (3) references, including names, and current telephone numbers. The bidder must complete the attached form, “Contractor’s Qualification Statement,” attached hereto in Attachment 7.10.

Each Bidder shall submit with its Bid Proposal a Contractor’s Qualification Statement which is included within the Bid Forms completed by Bidder. All information required by Contractor’s Qualification Statement shall be completely and fully provided. Any Bid Proposal not accompanied by a Contractor’s Qualification Statement completed with all information required and bearing the signature of the Bidder’s duly authorized representative under penalty of perjury may render the Bid Proposal non-responsive and rejected. If the RBOC determines that any information provided by a Bidder in the Contractor’s Qualification Statement is false or misleading, or is incomplete so as to be false or misleading, the RBOC may reject the Bid Proposal submitted by such Bidder as being non-responsive. A Bid shall be rejected if the Bidder fails to meet the essential requirements for qualification. Although the RBOC will be reviewing qualifications, the RBOC shall not apply a relative superiority analysis in making award of the Contract to the lowest responsive responsible Bidder.

4.3 LIABILITY INSURANCE

The RBOC/City of Pasadena insurance requirements are set forth in attachment 7.8.

4.4 SUCCESSORS AND ASSIGNS

The Contractor shall not assign the Contract or any interest therein. The RBOC and any of its successors and assignees reserve the unconditional right to assign any or all of its rights, title, interest or obligations in and to this Contract for any or all locations covered by this Contract. Upon the effective date of any such assignment, the assignor shall be released from all rights, titles, interests and obligations under that portion of the Contract assigned and the assignee shall assume all such rights, titles, interests and obligations.

4.5 AREA ASSIGNMENTS

The Contractor shall assign its employees to areas of work for performance of Tasks and Frequencies in accordance with Area Assignments as defined in the Specifications section of this Contract.

4.6 PERFORMANCE OF CONTRACT SERVICES

The Contractor shall be responsible for the complete and timely performance of all the Contract Services. Contractor shall commence the Contract Services upon receipt of Event Notice to Proceed.

13 4.7 PERSONNEL STANDARDS

4.7.1 Contractor.

a. Independent Contractor. It is understood and agreed by the RBOC and the Contractor that the Contractor is retained as an independent contractor and in no event shall any employee hired by the Contractor be considered an employee of the RBOC. The term "employee" as used in these specifications shall mean employee, contract worker, and Event Service Attendant.

b. Certification. The Contractor shall provide written certification that each employee has no records of criminal convictions for felonies or for misdemeanors involving moral turpitude. The Contractor shall maintain accurate records of the employee’s full name, present telephone number, place of residence for previous five years, and employment for previous five years as well as legal working status of employees at any time required by RBOC or any other proper agency. The RBOC shall have the right to request any reasonable investigative background information including, but not limited to, the employment record of any personnel assigned to perform the Contract Services. The Contractor shall furnish in writing such information, to the extent permitted by law, within 30 calendar days after receipt of written request from the Contract Administrator. Contractor is required to notify RBOC within 48 hours of receiving notice that any employee is pending investigation of any criminal act or is accused of any crime.

c. Removal from Service. The Contractor shall remove from service on the premises of the RBOC any employee of the Contractor who, in the opinion of the RBOC is not performing the Contract Services in a proper manner, or who is incompetent, disorderly, abusive, dangerous, or disruptive or does not comply with rules and regulations of the RBOC. Such removal shall in no way be interpreted to require dismissal or other disciplinary action of the employee by Contractor. All employees providing the Contract Services are employees of Contractor and not of RBOC. No agent, servant, or employee of Contractor shall under any circumstances by deemed an agent, servant or employee of RBOC.

d. Transfer. Upon termination or transfer of any employee of the Contractor, the Contractor shall immediately notify the Contract Administrator in writing of such termination or transfer, and shall immediately obtain and void all Identification Badges of the employee.

e. Equipment. The Contractor shall prevent any of its employees from opening, tampering with, using or moving any item of equipment, including but not limited to telephones, storage containers, desks, or televisions, or from entering into any area unless required in the performance of the Contract Services.

f. Employees. Each employee shall be in their assigned area or station, properly equipped, uniformed and ready to begin work at the beginning of the work shift, and shall remain in their work area during the entire work shift, except for the break periods described below.

14 4.7.2 Contract Administrator.

a. Generally. The RBOC shall designate an employee of the Rose Bowl as the “Contract Administrator” and who shall act on behalf of the RBOC with respect to all aspects of this Contract. The RBOC shall designate the Contract Administrator in writing within ten (10) calendar days after the execution of this Contract and shall promptly notify the Contractor in writing if the Contract Administrator is changed.

b. Administration of Contract. The Contract Administrator shall have authority to require the Contractor to enforce all provisions of this Contract. The Contractor shall strictly and promptly follow the instructions of the Contract Administrator in the administration of the Contract Services. The Contract Administrator shall exercise any discretionary authority in a reasonable manner. The Contractor shall not have the right to alter or amend any of the financial aspects or elements of the Contract.

c. Access to Inspect. The Contractor shall provide the Contract Administrator free and easy access to inspect and measure the manner and progress of the Contract Services at all times and to inspect the types and quantities of tools, equipment, chemicals, supplies and all other materials used in the performance of the Contract Services.

d. Interpretation of Contract. The Contract Administrator shall decide any and all questions which may arise as to conformance of and acceptability of tools, equipment, chemicals, supplies and all other materials and methods and procedures used in the performance of the Contract Services with regard to the requirements included herein.

e. Temporary Changes of Routine Services. The Contract Administrator shall have the authority to require the Contractor to make temporary changes in the assignment of Routine Services, tasks and task frequencies, if such changes do not affect the unit prices contained in the Price Matrix (Appendix “B”). Such temporary changes shall not affect the amount of payment to the Contractor. The term “Routine Services” shall refer to any Contract Services as are of the usual and customary nature, and does not refer to any specially requested services. The applicable overtime rates must be specified with respect to each level of employee required to perform the Contract Services. Overtime is to be invoiced at 130% of the gross hourly wage that the Contractor pays its employees, and double time is to be invoiced at 170% of the gross hourly wage that the Contractor pays its employees. Managers’ time is to be invoiced as straight or regular time and for only eight hours per each 24-hour period. Upon occasion, workers may be requested to assist RBOC’s field maintenance crew and work under the direction of the Field Superintendent.

4.7.3 Contract Manager.

a. Generally. The Contractor shall provide a Contract Manager, acceptable to the Contract Administrator and subject to prior approval by the RBOC, exclusively for this Contract. The Contract Manager shall have full authority to act for the Contractor at all times to carry out the provisions of this Contract. 15 b. Inspections. The Contract Manager shall make sufficient inspections to ensure the Contract Services are performed as specified. The Contract Manager shall provide a copy of all such inspections to the Contract Administrator prior to the end of the work shift during which the inspection was conducted. c. Availability. The Contract Manager shall be available to the Contract Administrator to discuss performance of the Contract Services or other provisions of this Contract. d. Training. The Contract Manager shall be adequately trained in the compliance of all applicable OSHA, EPA, and other Federal, State and Local laws and regulations regarding materials that may be encountered in the performance of the Contract Services. e. Record Keeping. The Contractor shall provide adequate secretarial, clerical and record keeping support off site to eliminate the need for the Contract Manager to personally prepare payroll, and monthly statements and invoices and to personally perform other clerical and record keeping activities.

4.7.4 Breaks. All employees of the Contractor performing the Contract Services shall be paid by the Contractor and take a break period of fifteen (15) minutes for each four hours worked, or such longer period as may be required by law, from the time of discontinuing performance of the Contract Services until the time of resuming performance of the services. Such break times will take place at times scheduled by the Contractor and approved by the Contract Administrator. The Contractor shall stagger the schedule of break periods such that all public areas continue to receive coverage for performance of the Contract Services during the break periods.

4.7.5 Employee Food Service. The Contractor shall not be allowed to bring on to the RBOC's property any food and beverage catering trucks, vending machines, or other serving facilities without prior written authorization from the Contract Administrator.

4.7.6 Security and Identification. The Contractor shall take all measures necessary to comply and to ensure that the employees of the Contractor comply with the security rules and regulations of the City of Pasadena, and with all applicable Federal, State and local rules, laws and regulations.

4.7.7 Labor Activity. The Contractor shall be responsible for its own labor relations with any trade or union representative among its employees, and shall negotiate and be responsible for adjusting all of the disputes between itself and its employees, or any union representing such employees. Whenever the Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract Services, the Contractor shall immediately give written notice thereof to the RBOC.

If any strike, boycott, picketing, work stoppage, slowdown or other labor activities is directed against the Contractor which results in the curtailment or discontinuation of the Contract Services provided hereunder, the RBOC shall have the right during said period to contract with other vendors for the Contract Services.

16 4.7.8 Contractor Access. Access to access routes, entrance gates or doors, parking and storage areas, and any time limitations as to access to these areas, shall be designated by the Contract Administrator. The Contractor shall conduct its operations in strict observation of the times of access to such access routes and other areas established as described above. The Contractor shall ensure that under no circumstances shall any of its employees enter or move upon any area not authorized by the Contract Administrator for access by the Contractor.

4.7.9 Key Control. The Contractor shall adequately secure the keys, key cards, and other entry devices and codes provided by the RBOC. The Contractor shall maintain a record of the key numbers issued to its employees. The Contractor shall not duplicate and shall not allow such items to be duplicated or removed from the site of the Contract Services. If any such items become lost, missing or stolen, that information shall be immediately reported to the Contract Administrator. Should the Contractor lose or have stolen any keys issued to contractor by the RBOC, the cost of changing locks or keys to building, rooms or areas accessible by the lost or stolen keys will be deducted from the Contractor's invoice to the RBOC for the work performed under this Contract.

4.7.10 Training.

a. Generally. The Contractor shall provide each employee used in the performance of the Contract Services with adequate training to competently perform the Contract Services.

b. Training Records. The Contractor shall maintain a training record for each employee. The training record shall show, at a minimum, the employee's name, date of employment, the type and date of each training class attended, and the class instructor. The Contractor shall present such records for inspection upon request by the Contract Administrator. The Contract Administrator may, from time to time, monitor the conduct of such training classes.

c. Requirements. At a minimum, the Contractor shall provide each employee performing the Contract Services with the following one hour cleaning procedures classes within the first two weeks of employment, and each employee must attend such classes again during each successive six month period: (1) Introduction to Assignments; (2) Chemicals; (3) Tools & Equipment; (4) Dusting and Spot Cleaning; (5) Rest Room Cleaning, Disinfecting and Resupply; (6) Hard Surface Floor Care; (7) Common Mistakes; (8) Tasks and Frequencies; and (9) Quality Assurance.

The time each employee spends attending a training class shall not be applied to any minimum number of hours required for the performance of the Contract Services.

17 4.7.11 Uniforms.

a. Requirements. The Contractor shall ensure all of its employees are clean, neat, and appropriately attired with uniforms and work shoes at all times during the performance of the Contractor Services. The Contractor shall provide each employee performing Routine Services under this Contract with a freshly laundered uniform each shift. The uniform for the employees shall consist of a polo or button up shirt with collar and black or tan slacks with the Contractor's logo printed on the left chest of the shirt. The Contractor shall supply, launder and maintain employee uniforms at no cost to the employee. The Uniforms must meet the approval of the Contract Administrator.

b. Identification Badges. The Contractor shall provide each employee with an Identification Badge that displays the Contractor's name and the employee's full name. The Contractor shall provide each employee performing Routine Services with an Assignment Area Identification Badge to be prominently worn at all times while on the premises of the RBOC. The Assignment Area Identification Badges are in addition to any security badges issued by the RBOC. The Contractor shall ensure all employees prominently wear the badge at all times while on the premises of the RBOC. The uniforms and badges must meet the approval of the Contract Administrator. The Contractor shall submit samples of the badges and uniforms to the Contract Administrator for approval prior to beginning the Contract Services.

4.7.12 Scavenging. The Contractor shall develop, implement and maintain adequate procedures and checks to ensure that no employee of the Contractor scavenges.

4.7.13 Lost articles. The Contractor shall insure that lost, or apparently lost articles, that are found by Contractor’s employees are turned in immediately to the Contract Administrator or to the Contract Administrator's designated representative.

4.7.14 Parking. The RBOC shall provide adequate parking space or a shuttle service for the employees of the Contractor while the employees are performing the Contract Services.

4.7.15 Disclosure of Information.

a. Proprietary Information. The Contractor agrees that it will not during or after the term of this Contract disclose any proprietary information or confidential business information of the RBOC, including but not limited to its costs, charges, operating procedures and methods of doing business to any person, firm, corporation, association or other entity or to the general public for any reason or purpose whatsoever without the prior written consent of the RBOC. Such confidential or proprietary information received by the Contractor shall be used by it exclusively in connection with the performance of the Contract Services.

b. Advertising Materials. The Contractor shall not issue or release for publication any articles or advertising or publicity matter relating to the Contract Services performed by Contractor there under or mentioning or implying the name of the 18 RBOC, its subsidiaries or affiliated companies or their respective personnel, without the prior written consent of the RBOC.

4.7.16 Energy Conservation. The Contractor shall comply with all energy conservation practices required by the City of Pasadena.

4.7.17 Relief for Absenteeism and Vacation. The Contractor shall provide competent replacements as necessary, at no additional cost to the RBOC, to ensure that the Tasks and Frequencies and Contract Services are performed as required. If the Contract Manager is absent, the Contractor shall provide for each vacant position a competent replacement who has the authority to carry out the terms and provisions of the Contract.

4.7.18 Shift Report. At the beginning of each work shift, the Contract Manager and its employees shall sign in to the Contract Administrator or his/her designated representative. The Contract Manager and its employees shall sign out to the Contract Administrator or his/her designated representative at the end of each work shift. Shift periods shall not exceed 8 hours unless approved by the Contract Administrator and as stated in the Notice to Proceed. Additionally, the Contractor will be required to provide several different crews to accommodate each 8 hour shift period.

4.7.19 Statement and Invoices.

a. Invoices. The Contractor is required to use an independent payroll service to ensure that employees and workers are paid for the work they perform, that all deductions and payments are made in accordance with applicable law, including California payroll law, and that there is no kickback of wages. Invoices shall be for direct services requested under the Notice to Proceed and shall not include any indirect costs such as administration and payroll processing. At a minimum, the procedures shall specify that shift reports of employees' time in and time out are to be kept on a daily basis and are to be completed by the employee, not by a supervisor or any other party, and certified by the Contract Administrator, his/her designee or a supervisor. The Contractor shall submit original, hardcopy invoices, accompanied by certified payroll documents within ten (10) days following the end of each month, to the RBOC attn: Accounts Payable within this timeframe (as evidenced by the RBOC’s date stamp machine). In the event of a billing error, the Accounts Payable Administrator shall return invoices to the Contractor for correction and subsequent resubmission for payment. Invoices shall be payable within thirty (30) days after approval by the Contract Administrator. If such invoices are not received within this timeframe, the RBOC is not responsible for payment, especially when charges are reimbursable by one of RBOC’s tenants or promoters.

4.7.20 Review of Records. The RBOC reserves the right to inspect all records of the Contractor, on site and in the Contractor’s off-site offices, to ensure that approved procedures are followed. Failure to follow approved procedures in any respect shall be considered a material breach of the Contract.

19 4.7.21 Compensation Escalation Due to Changes in Minimum Wage/CPI Increases.

a. Increase. In the event the Contractor is required by the Federal or State Government to increase the minimum wages actually paid during the initial, or any additional, contract term(s) to employees performing the Contract Services specified in the BID FORM, then the salary rates defined in the BID FORM shall be subject to negotiation between the Contractor and the RBOC except that the Contractor shall be obligated to continue providing the Contract Services at the rates herein until agreement on wages is reached or the Contract is terminated.

b. Termination. In the event that negotiated changes in wages and salaries cannot be agreed upon by the Contractor and the RBOC, subject to any requested approval by the governing body of the Rose Bowl Operating Company in the City of Pasadena, then the Contract may be terminated by either party on sixty (60) days written notice to the other, which date may be no earlier than sixty (60) days after the effective date of such a change in the minimum wage.

c. Change in Wages. If the Contractor and the RBOC agree to a negotiated change in wages and salaries due to an increase in the Minimum Wage/CPI, the Contractor shall increase the minimum hourly wage rates paid to its employees performing the Contract Services as defined on the Bid Form in accordance with the new negotiated hourly wage rates. Such compensation escalation shall be due only to an increase in the CPI and/or Minimum Wage as is required by law and is to be negotiated, if necessary. The RBOC understands and agrees to allow increases in the straight time hourly rate based on the annual, L.A. Area CPI index at the conclusion of the initial or additional terms of this Contract. Any change in wages than originally bid over a CPI increase will be subject to RBOC Board approval, which shall not be unreasonably withheld.

4.7.22 Nonperformance of Services. Tasks and Frequencies shall be considered not to have been performed when, in the reasonable judgment of the Contract Administrator, any one or more of the following conditions exist:

(1) The Tasks and Frequencies in an area were not performed in strict accordance with the Performance Standards or were not performed at the specified frequency or were not performed during the specified shift; (2) The Tasks and Frequencies were not performed within the scheduled day and work shift; (3) An employee performing the Tasks and Frequencies had not received the specified training as stated in section 4.10.12; or (4) The employee performing the Tasks and Frequencies was not attired with the required Uniform in accordance with section 4.10.13 of these Specifications.

4.7.23 Nonperformance of Services/Deductions for. In the event of nonperformance of Routine Services by the Contractor, the Contract Administrator shall have the right to exercise one of the following options:

20 (1) The Contractor shall correct such item of nonperformance upon notification by the RBOC within the time frame specified, and the RBOC shall make no deductions for such items of nonperformance; or (2) The RBOC shall correct the item of nonperformance by using another Contractor or by any means it deems necessary and reasonable. Direct costs incurred by the RBOC for the correction of the item of nonperformance, including a reasonable amount for the cost of the time of the employees of the RBOC involved in such correction, shall be deducted from payments made to the Contractor.

4.8 PERFORMANCE STANDARDS

4.8.1 Performance Standards Generally. The Contractor shall perform the Tasks and Frequencies in accordance with the frequencies as defined in section 4.10. The Contractor shall move or tilt all items such as chairs, seats, trash and ash receptacles, tables, storage containers, carts, etc. as required to perform the Contract Services next to, under or above such items. The Contractor shall return to their appropriate locations all items moved by the Contractor during the nonperformance of the Contract Services, in public and common use areas, the Contractor shall return all furniture to their appropriate configuration. The Contractor shall provide and use adequate barricades and signs to provide sufficient warning prior to, during and after the performance of the Contract Services.

4.8.2 Clean and Disinfect Drinking Fountains. The Contractor shall use spray bottles of germicidal detergent solution, clean cloths, scrub pads and cream cleanser to remove all obvious soil, streaks, smudges, etc. from the drinking fountains and cabinets; then, disinfect all porcelain and polished metal surfaces including the orifices and drain. After cleaning and disinfecting, the entire drinking fountain shall be free of streaks, stains, spots, smudges, scale, and other removable soil.

4.8.3 Clean and Disinfect Fixtures. The Contractor shall use spray bottles or pump up sprayers, to apply germicidal detergent solution to all surfaces of wash basins, toilets, urinals, showers and adjacent surfaces. The Contractor shall use clean cloths (except inside toilet bowls and urinals where the Contractor shall use bowl mops) to remove soil from all surfaces of these fixtures and adjacent surfaces, The Contractor shall use CREAM cleanser (or equivalent) and scrub pads to remove soil not removed by the cloths and germicidal detergent solution. The Contractor shall use dry cloths to dry metals surfaces of faucets, handles, valves, etc. The Contractor shall use a plumbing plunger to unstop clogged toilets.

4.8.4 Clean and Refill Floor Drains. The Contractor shall use a floor drain brush to clean floor drains. The Contractor shall use abrasive cleanser and scrub pads to remove corrosion and tarnish. The Contractor shall pour a solution of germicidal detergent down the floor drain to fill the drain trap and prevent the escape of sewer gas.

4.8.5 Damp Mop Non Carpeted Floors. The Contractor shall use detergent solution and mops to remove soil from non carpeted floors and baseboards which cannot be removed by sweeping, dust mopping or vacuuming. The Contractor shall dust mop 21 floors which are coated with floor finish to prior to damp mopping. The Contractor shall sweep other floor surfaces prior to damp mopping. The Contractor shall damp mop all areas of the floor. After the floor has been damp mopped, it shall have a uniform appearance free of soil, stains, streaks, swirl marks, detergent film or any observable soil which can be removed by damp mopping. In rest rooms and locker rooms, the Contractor shall use germicidal detergent solution instead of detergent solution.

4.8.6 Descale Toilets and Urinals. The Contractor shall use acid type bowl cleanser and nylon bowl mops to remove scale, scum, mineral deposits, rust stains, etc. from the insides of toilet bowls and urinals. The Contractor shall use damp cloths, squeegees, and germicidal detergent solution from spray bottles or pump up sprayers to damp wipe and disinfect all surfaces of furniture, fixtures, walls, partitions, doors, etc.

4.8.7 Dust Building Surfaces. The Contractor shall use dusting tools, treated dust cloths or vacuum cleaners with dusting attachments to remove all dust, lint, litter, dry soil, etc. from the surfaces of ledges, heater convectors, window sills, fire extinguishers, counter tops, walls, door frames and sills, ceiling mounted fans, fixtures, partitions, rails blinds, and other type of fixtures and surfaces which are not considered to be furniture surfaces or specialty equipment such as test equipment, computers, typewriters, calculators, etc. below 9 feet from the floor surface. The Contractor shall dust up to a height of 20 feet from the floor surfaces at the interior and exterior of exterior entry areas. The Contractor shall accomplish dusting by removal of soil from the area not by moving it from one surface to another.

4.8.8 Dust Mop or Sweep Non Carpeted Floors. The Contractor shall use a treated dust mop to remove soil and litter from non carpeted floors. On resilient tile, terrazzo, and other smooth finished floor surfaces, the Contractor shall use treated dust mops. On rough, unseated concrete, or other floors where dust mopping is not effective, the Contractor shall use brooms. Prior to dust mopping the floor surface, the Contractor shall use mops and detergent solution to remove wet soil from the floor. The Contractor shall use putty knives to remove gum, tar and other sticky substances from the floor. The Contractor shall use a dustpan to remove accumulated soil and litter. After the floor has been dust mopped or swept, the floor surface, including corners and abutments, shall be free of dust, littler and debris that can be removed by dust mopping or vacuuming or with a putty knife. The Contractor shall vacuum elevator floor and door tracks and other areas such as corners and hard to reach areas. The Contractor shall use a vacuum cleaner to remove moisture and dry soil from carpeted type entrance mats. The Contractor shall use carpet stain remover and gum remover to remove carpet stains and gummy soil. The Contractor shall clean exterior entrance mats by hosing with water and/or vacuuming.

4.8.9 Empty Trash Receptacles. The Contractor shall empty and return to their appropriate location all waste baskets, cigarette ash receptacles and other trash containers. The Contractor shall remove all litter, cans, papers, and other containers marked "TRASH". The Contractor shall keep trash in Recycle Containers separated from other trash. The Contractor shall remove all collected 22 trash to area(s) on the site or within the building as designated by the Contract Administrator in such a manner as to prevent the adjacent area from becoming littered by such trash. The Contractor shall replace all obviously soiled or torn trash receptacle liners with a new trash receptacle liner. The Contractor shall replace the liner in such a manner as to present a neat uniform appearance.

The Contractor shall use damp cloths, and detergent solution or cream cleanser and scrub pads to remove nonpermanent stains and soil from the interior and exterior of trash receptacles.

4.8.10 Overhead Dusting. The Contractor shall remove all dust, spider webs, litter, etc. from all fixtures and surfaces from the top of the floor up to and including the ceiling that are visible from the floor surface below or adjacent floor levels, balconies, escalators, stairs, etc. This includes exposed surfaces of lights, grills, light fixtures, pipes, sprinkler system, cables, ledges, walls, ceilings, vents, etc. The Contractor shall accomplish high dusting by using treated dust cloths, treated dusting tools, damp cloths and tank vacuums with crevice tools, brush attachments and wall attachments.

4.8.11 Non Specific Tasks. The Contractor shall perform miscellaneous activities as directed by the Contract Administrator.

4.8.12 Police Litter. The Contractor shall remove unsightly soil and litter. If the litter cannot be removed by hand, the Contractor shall use a carpet vacuum on carpeted floors or broom or dust mop and damp mop on non-carpeted floors.

4.8.13 Polish Stainless Steel and Metal Surfaces. The Contractor shall polish stainless steel surfaces with glass cleaner and a soft cloth. The Contractor shall use clean cloths and stainless steel polish to remove smudges, fingerprints, marks, streaks, tape, etc. that glass cleaner cannot remove. The Contractor shall remove excess stainless steel polish. The contractor shall use brass nciish to polish brass building and fixture surfaces.

4.8.14 Refill Dispensers. The Contractor shall check and refill each toilet paper dispenser, hand soap dispenser, paper towel dispenser, toilet seat cover dispenser, etc. The Contractor shall place supplies dispensers in accordance with the directions of the supplier and dispenser manufacturers. The Contractor shall wipe surfaces adjacent to hand soap dispensers to remove spillage and leakage.

4.8.15 Remove Carpet Stains. The Contractor shall use carpet stain remover, a dampened utility brush, clean cloths, aerosol gum remover and wet/dry tank vacuums to remove nonpermanent stains from carpeted floors. The Contractor shall blot or vacuum and scrape as much of the stain from the carpet as practical before applying carpet stain remover to the carpet. The Contractor shall spray carpet stain remover onto the stain and use a utility brush if required. After the stain has dissolved, the Contractor shall blot and rub the stain up in such a manner as to prevent spreading of the stain, After the stain has been removed, the Contractor shall blot or vacuum the carpet dry.

23 4.8.16 Spot Clean Building Surfaces. The Contractor shall use clean damp cloths, scrub pads, spray bottles of detergent solution, glass cleaner or cream cleanser to remove smudges, fingerprints, marks, streaks, tape, etc. from the surfaces of stadium seating, ledges, windows, partition glass, window sills and blinds, fire extinguishers, counter tops, walls, doors, door frames and sills, pictures, partitions, hand rails and other types of fixtures and surfaces which are not considered to be furniture surfaces or specialty equipment such as test equipment, computers, typewriters, calculators, etc. below 9 feet from the floor surface. The Contractor shall perform spot cleaning up to a height of 10 feet from the floor surfaces at the interior and exterior of exterior entry areas. The Contractor shall polish stainless steel surfaces with glass cleaner and soft clean cloths. The Contractor shall use a clean cloth and stainless steel polish to remove smudges, fingerprints, marks, streaks, tape, etc. that glass cleaner cannot remove. The Contractor shall remove excess stainless steel polish.

4.8.17 Spot Clean Furniture. The Contractor shall use clean damp cloths, scrub pads, spray bottles of detergent solution, glass cleaner, or cream cleanser to remove smudges, fingerprints, marks, streaks, tape, etc. from the surfaces of chairs, telephones, cleared surfaces of desks, lamps, tables, cabinets, shelves, and other types of furniture and surfaces which are not considered to be building surfaces or building fixtures. Typewriters, calculators, papers, computers, staplers, and other similar desk items are not to be disturbed.

4.8.18 Spot Mop. The Contractor shall use detergent solution and mops to remove spots, spills and obvious soil from non carpeted floors which cannot be removed by vacuuming or dust mopping. After the floor has been spot mopped, it shall have a uniform appearance free of soil, stains, streaks, swirl marks, detergent film or any observable soil which can be removed by damp mopping. In rest rooms and medical exam or treatment areas, the Contractor shall use germicidal detergent solution instead of detergent solution.

4.8.19 Vacuum Completely. The Contractor shall use a carpet vacuum to remove visible and hidden soil and debris from the carpet surface and from within the carpet pile. The Contractor shall use a hose and brush or crevice attachment to vacuum areas inaccessible to the carpet vacuum. After completely vacuuming, the carpet shall be free of all visible soil and litter and all soil which can be removed from the carpet pile.

4.8.20 Vacuum Traffic Lanes. The Contractor shall use a carpet vacuum to vacuum traffic patterns and lanes of carpeted floors to remove soil and debris from the carpet surface and pile to raise the carpet pile. The Contractor shall use a hose and brush or crevice attachment to vacuum areas inaccessible to the carpet vacuum.

4.8.21 Vacuum Visible Soil, The Contractor shall use a carpet vacuum to remove visible soil and debris from the carpet surface. The Contractor shall use a hose and brush or crevice attachment to vacuum areas inaccessible to the carpet vacuum. After vacuuming, the carpet shall be free of all visible soil and litter. Vacuum elevator floor and door tracks. Use a vacuum cleaner to remove moisture and dry soil from

24 carpeted type entrance mats. The Contractor shall use carpet stain remover and gum remover to remove carpet stains and gummy soil for entrance mats. The Contractor shall use detergent solution, wet mops, buckets and wringers, deck brushes, swivel pad holders and abrasive pads, and putty knives to remove soil from non carpeted floors which cannot be removed by vacuuming or dust mopping. The Contractor shall apply detergent solution to the entire floor area and allow to remain for three to five minutes. The Contractor shall use scrub brushes to remove Spots and stains not removed by mopping. In areas with floor drains, the Contractor shall squeegee the floor dry and then rinse with clear water. In areas without a floor drain, the Contractor shall use a wet mop and mop bucket and wringer or wet/dry tack vacuum to pick up the solution, and then rinse with clean water twice. The Contractor shall wet clean all accessible areas. The Contractor shall dust mop floors which are coated with floor finish prior to damp mopping. The Contractor shall vacuum other floor surfaces prior to damp mopping. The Contractor shall take care as required to prevent splash and mop marks from being left on baseboards, furniture legs, doors, etc. After the floor has been wet cleaned, it shall have a uniform appearance free of soil, stains, streaks, swirl marks, detergent film or any observable soil which can be removed by damp mopping. In areas where floor finish has not been applied to the floor surface and greasy soil must be removed, the Contractor shall use a solution of degreaser.

4.8.22 Chemicals. The Contractor shall furnish all chemicals necessary to perform the Contract Services.

4.8.23 Containers. The Contractor shall issue all chemicals in their original containers to each employee.

4.8.24 Labeling. All containers containing delicate or fragile items shall be marked to clearly identify this condition. These markings shall be placed on not less than one side or end of the container.

Material that requires precautionary warnings shall have affixed to all containers such labels or markings as are prescribed and approved by law, regulatory agency, or this Contract. The marking or labeling of material containing hazardous or toxic material, substances or wastes shall be in accordance with all Federal, State and Local laws, Ordinances, rules and regulations. All chemical containers shall bear their original manufacturer's label which includes the ' name and address of the manufacturer, instructions for use and any pertinent warnings and safety instructions. All chemical containers must have the manufacturer's quality control batch numbers included on cases or containers. The Contractor shall develop and implement procedures to insure its employees use chemicals in accordance with the instructions of the chemical manufacturers.

4.8.25 Prohibited Chemicals. No ammonia, laundry bleach, powdered cleanser or any other type of chemical shall be used in the performance of the Contract Services without the written permission of the Contract Administrator.

25 4.8.26 Manufacturer's Instructions. The Contractor shall follow the instructions of the Chemical Manufacturers in every instance.

4.8.27 Carpet Stain Removal Kit, Each Supervisor shall have a carpet stain removal kit and a container of solvent type carpet spotter.

4.8.28 Use of the RBOC's Facilities and Equipment. Any permitted use of the RBOC's facilities, equipment, tools or supplies shall be gratuitous and the Contractor shall release the RBOC from any responsibility arising from claims for personal injuries, including death, arising out of the use of such facilities, equipment, tools or supplies irrespective of the condition thereof or any negligence on the part of the RBOC in permitting their use.

4.8.29 Supplies Furnished by the RBOC. The RBOC shall provide and pay for the following items to be installed in dispensers on site by the Contractor: Toilet Tissue, Paper Towels, Hand Soap, Toilet Seat Covers, and Cleaning Supplies. The dispenser for toilet tissue, toilet seat covers, paper towels, and hand soap are furnished and installed by the RBOC. The Contractor shall provide adequate safeguards to prevent pilferage, loss and misuse of these items and to ensure that these items are put to their intended use. The Contractor shall be issued such items, on an event basis, at times and locations specified by the Contract Administrator. The Contractor shall provide an event report to the Contract Administrator defining the quantities of each item of supply provided by the RBOC issued to each building location during that event.

4.9 TASKS AND FREQUENCIES FOR ADMINISTRATIVE OFFICES

4.9.1 Tasks & Frequencies for ADMINISTRATIVE OFFICE ENTRANCE

Frequency Task

Daily POLICE LITTER Daily EMPTY TRASH RECEPTACLES Daily DUST BUILDING SURFACES Daily SPOT CLEAN BUILDING SURFACES Daily SPOT CLEAN FURNITURE SURFACES Daily CLEAN FLOOR MATS Daily DAMP MOP NON CARPETED FLOORS Daily DUST MOP OR SWEEP Daily VACUUM COMPLETELY Daily SPRAYBUFF AND BURNISH Daily REMOVE CARPET STAINS

4.9.2 Tasks & Frequencies for ADMINISTRATIVE OFFICE CONFERENCE ROOM

Frequency Task

Daily EMPTY TRASH RECEPTACLES Daily CLEAN WRITING BOARDS 26 Weekly VACUUM TRAFFIC LANES & VISIBLE SOIL Weekly DUST BUILDING SURFACES Weekly DUST FURNITURE SURFACES

3 Times Weekly POLICE LITTER 3 Times Weekly CLEAN ERASERS AND CHALK TRAYS 3 Times Weekly SPOT CLEAN BUILDING SURFACES 3 Times Weekly SPOT CLEAN FURNITURE SURFACES 3 Times Weekly DUST MOP OR SWEEP 3 Times Weekly REMOVE CARPET STAINS 3 Times Weekly SPOT MOP Every 4 Weeks DAMP MOP NON CARPETED FLOORS Every 4 Weeks VACUUM COMPLETELY Every 4 Weeks SPRAYBUFF AND BURNISH

4.9.3 Tasks & Frequencies for ADMINISTRATIVE OFFICE COPY AREA

Frequency Task

Daily EMPTY TRASH RECEPTACLES Weekly VACUUM TRAFFIC LANES & VISIBLE SOIL Weekly DUST BUILDING SURFACES Weekly DUST FURNITURE SURFACES 3 Times Weekly CLEAN FLOOR MATS 3 Times Weekly POLICE LITTER 3 Times Weekly SPOT CLEAN BUILDING SURFACES 3 Times Weekly SPOT CLEAN FURNITURE SURFACES 3 Times Weekly DUST MOP OR SWEEP Every 4 Weeks VACUUM COMPLETELY Every 4 Weeks SPRAYBUFF AND BURNISH

4.9.4 Tasks & Frequencies for ADMINISTRATIVE OFFICE CORRIDOR

Frequency Task

Daily CLEAN FLOOR MATS Daily POLICE LITTER Daily EMPTY TRASH RECEPTACLES Daily SPOT CLEAN BUILDING SURFACES Daily SPOT CLEAN FURNITURE SURFACES Daily DUST MOP OR SWEEP Daily REMOVE CARPET STAINS Daily VACUUM TRAFFIC LANES & VISIBLE SOIL Weekly DAMP MOP NON CARPETED FLOORS Weekly DUST BUILDING SURFACES Weekly DUST FURNITURE SURFACES Twice Weekly SPRAYBUFF AND BURNISH Every 4 Weeks VACUUM COMPLETELY 27

4.9.5 Tasks & Frequencies for ADMINISTRATIVE OFFICE RESTROOMS

Frequency Task Daily

Daily POLICE LITTER Daily EMPTY TRASH RECEPTACLES Daily SPOT CLEAN BUILDING SURFACES Daily SPOT CLEAN FURNITURE SURFACES Daily CLEAN & DISINFECT FIXTURES Daily REFILL DISPENSERS Daily DUST MOP OR SWEEP Daily DAMP MOP NON CARPETED FLOORS Daily REMOVE CARPET STAINS Daily VACUUM TRAFFIC LANES & VISIBLE SOIL Weekly DUST BUILDING SURFACES Weekly DUST FURNITURE SURFACES Weekly DISINFECT ALL AREAS Weekly DESCALE TOILETS & URINALS Weekly WET CLEAN FLOORS Weekly CLEAN & REFILL FLOOR DRAINS Weekly VACUUM COMPLETELY Weekly SPRAYBUFF AND BURNISH

4.9.6 Tasks and Frequencies for ADMINISTRATIVE OFFICES KITCHEN

Frequency Task

Daily CLEAN AND DISINFECT FIXTURES Weekly DAMP MOP NON CARPETED FLOORS Daily EMPTY TRASH RECEPTACLES Monthly OVERHEAD DUSTING Weekly POLISH STAINLESS STEEL & METAL SURFACES Daily REFILL DISPENSERS Daily SPOT CLEAN BUILDING SURFACES

4.9.7 Tasks and Frequencies for ADMINISTRATIVE OFFICES

Frequency Task

Daily POLICE LITTER Daily EMPTY TRASH RECEPTACLES Daily SPOT CLEAN BUILDING SURFACES Daily SPOT CLEAN FURNITURE SURFACES Daily DUST MOP OR SWEEP Daily REMOVE CARPET STAINS Daily VACUUM TRAFFIC LANES & VISIBLE SOIL 28 Weekly DAMP MOP NON-CARPETED FLOORS Weekly DUST BUILDING SURFACES Weekly DUST FURNITURE SURFACES Twice Weekly SPRAYBUFF AND BURNISH Every 4 Weeks VACUUM COMPLETELY

4.9.8 Tasks and Frequencies for BROOKSIDE CLUBHOUSE

• Morning Shift – General List of Duties (8 hours) DAILY

o Restroom cleanliness (odor disinfectant, floor mopping, counter cleaning, fixture cleaning) o Refilling paper goods (toilet paper, hand tissue, trash liners, seat covers) and hand soap in restrooms (men’s, women’s, Mediterranean ballroom) if necessary o Taking out trash in restrooms, public spaces and restaurant area o Ensuring front entrance is presentable and tables are organized o Clean handrails around building o Clean all restaurant tables and outside patio tables o Clean the South Patio o Clean the Mediterranean Room Patio o Clean restaurants patio along the edges o Clean windows on front doors of building o Ensure staff offices are clean (GM, Catering, Private Events & Tournaments) o Mopping restaurants floor and main entry floors o Pick up any trash outside the building o Vacuum carpet in four private event spaces

• Evening Shift – General List of Duties (8 hours) DAILY

4.10 SAFETY:

All employees, tenants, vendors, and contractors must follow the occupational safety and health standards, rules, and regulations that apply to their position(s) at the Rose Bowl. Whenever an employee, tenant, vendor, or contractor identifies a potentially unsafe situation in the workplace or is injured, becomes ill, or develops any symptoms of an illness as a result of an occupational exposure, management is to be notified immediately.

29 The following safety precautions will promote a safe workplace for our employees, vendors, and contractors and will help ensure a safe environment for our guests: ▪ Do not perform or undertake a job or use tools or equipment until you have received safety instructions and have been authorized to perform that job. ▪ Report all unsafe working conditions, equipment or conduct immediately to your leader or management. ▪ Keep your work areas, tools, safety equipment and other work materials neat and organized and properly maintained and stored. ▪ Never work under the influence of intoxicating beverages or illegal drugs while on the job. ▪ Never participate in horseplay or pranks while on the job. Talking to or distracting employees or fellow workers who are operating tools or equipment is not allowed. ▪ Tools and equipment shall be checked by the operator and utilized only if they are in safe operating condition. Machine guarding and other safeguards must be utilized when equipment is in operation. ▪ Evaluate the job prior to starting an operation to identify potential hazards. ▪ Never operate equipment or use tools, which have been tagged “DO NOT OPERATE” or “OUT OF ORDER” until repairs have been made. Note: Tenants, vendors, and contractors are required to provide their own tools and equipment, maintain them, and keep them in good repair. All employees, tenants, vendors and contractors are required to follow the foregoing Code of Safe Practices and Cal-OSHA safety regulations during their course of employment or while under contract.

30 5.0 BIDDER’S PROPOSAL To the Honorable Rose Bowl Operating Company of the City of Pasadena, California In response to the Notice Inviting Bids to FURNISH LABOR AND MATERIALS FOR ADMINISTRATIVE OFFICES HOUSEKEEPING the undersigned proposes and agrees to furnish the required material in strict conformity with the general and detailed specifications and data on manufacturer’s data sheets and/or exceptions made part of the bid and accepted by the RBOC in writing.

Each bidder must bid on the items shown in the Bidder’s Proposal. If any bidder makes any alteration, interlineation or deviation in any of the printed matter of the proposal or if the signature of the bidder is incomplete, the bid will be considered informal and may be rejected.

The price bid shall include any and all charges required under the California Retail Sales Act of 1933 as amended and the California Use Tax Act of 1935.

BID FORM – STIPULATED SUM ROSE BOWL STADIUM ADMINISTRATIVE OFFICES HOUSEKEEPING BID

TO: ROSE BOWL OPERATING COMPANY (RBOC) 1001 Rose Bowl Drive Pasadena, California 91103

FROM:______(Name of Bidder) ______(Address)

______(City, State, Zip Code)

BASE BID: The contractor hereby proposes to execute the Contract and furnish everything necessary for an incidental to the: The Rose Bowl Administrative Offices Housekeeping Bid as described and required in the “General Requirements” (Section 4.1) including any and all addenda subsequently issued:

Base Bid Price of $______(Insert Base Bid Price in numerals)

Terms ______30 days

Contractor’s License Number______

Firm ______

Contact name ______

Address ______

Phone No. ______Fax No.______

32 5.1 PRICE MATRIX

Please email [email protected] for the price matrix.

33 6.0 SIGNATURE PAGE AND LEGAL STATUS

The undersigned certifies that he is an official legally authorized to bind his firm and to enter into a contract should the RBOC accept this proposal.

Bid proposal by ______(Name of Firm)

Legal status of bidder: Please check the appropriate box

 Corporation State of Incorporation ______ Partnership List Names______ DBA State full name ______DBA ______ Other Explain ______Signature of Bidder ______Title______(Authorized Signature) Address ______City ______State ____ Zip ______Telephone No. ( ) ______

Signed this ______day of ______, 20___

ADDENDUM NO. BIDDER’S INITIALS

1. ______

2. ______

3. ______

7.0 ATTACHMENTS

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7.1 BIDDER’S CHECKLIST CHECKLIST OF REQUIRED SUBMITTALS – ROSE BOWL STADIUM CLEANING AND ADMINISTRATIVE OFFICES HOUSEKEEPING BID TO THE BIDDER: The following list is provided for the convenience of both you and the RBOC/City and to help eliminate errors and omissions which may render your bid unacceptable. Please check all appropriate boxes and submit with your bid. (Note: the following items are required to be returned with your Bid. Failure to submit any of the required materials may be grounds for disqualification of your Bid.)

Attached? Yes No

1. BIDDER’S PROPOSAL Section 5.0 ______

2. SIGNATURE PAGE AND LEGAL STATUS Section 6.0 ______

3. PRICE MATRIX (Attachment 7.9 ) ______

4. VENDOR LIST QUESTIONAIRE ______(FORM AA-1) Attachment 7.3 5. PROJECT WORKFORCE UTILIZATION ______FORM (FORM AA-2) Attachment 7.4 6. CURRENT PERMANENT WORKFORCE ______UTILIZATION FORM (FORM AA-3, OPTIONAL) 7.5 7. DECLARATION OF NON-COLLUSION ______(7.2, Signed by Bidder) 8. TAXPAYER PROTECTION ACT FORM (7.7)

8. REQUEST FOR TAXPAYER IDENTIFICATION NUMBER AND VERTIFICATION (7.9 IRS Form W-9) ______

9. FAITHFUL PERFORMANCE BOND (p. 72, $20,000 Certified Check/Bond ) ______10. EXPERIENCE Section 4.2, Pg. 17 ______11. LIST OF CLIENTS (past 10 years) Section 4.2, Pg.17 ______12. CONTRACTOR’S QUALIFICATION STATEMENT (7.10) ______

13. *ADDENA ATTACHED AND INITIALED ______

14. ONE ORIGINAL, TWO (2) COPIES, ONE (1) ______ELECTRONIC (by March 12, 2020 @ 12:30PM) Rose Bowl Stadium Administrative Offices Housekeeping Bid Page | 36 Documents

* Addenda (s) - All proposers need to submit all clarifications re: this bid via electronic form to the RBOC Representative noted in the bid documents – Nancy Silver, Stadium Director of Compliance, [email protected]. All responses will be provided in addenda form via e-mail. All addenda(s) provided need to be attached with the submitted proposal and initialed or your bid may be deemed non-responsive.

Bids are to be signed and submitted in TRIPLICATE. Bidder must submit bids in an ORIGINAL AND TWO COPIES.

All bids shall be enclosed in sealed envelopes, distinctly marked “Bid” with the title of the bid and the bidder’s name and address appearing on the outside.

Bids should be addressed to:

Attn: Nancy Silver, Stadium Director of Compliance Rose Bowl Administrative Offices 1001 Rose Bowl Drive Pasadena, CA 91103

Mail sufficiently early or deliver in person before the time and day listed in the Notice Inviting Bids. Bids must be received in the RBOC’s Administrative Offices before that time.

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7.2 DECLARATION OF NON-COLLUSION BY CONTRACTOR

STATE OF CALIFORNIA COUNTY OF LOS ANGELES ______, being first duly sworn deposes and says that he/she is ______(Insert "Sole Owner", "Partner", "President, "Secretary", or other proper title) of______(Insert name of bidder) who submits herewith to the Rose Bowl Operating Company a proposal;

That all statements of fact in such proposal are true; That such proposal was not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation; That such proposal is genuine and not collusive or sham; That said bidder has not, directly or indirectly by agreement, communication or conference with anyone attempted to induce action prejudicial to the interest of the City of Pasadena, or of any other bidder or anyone else interested in the proposed contract; and further

That prior to the public opening and reading of proposals, said bidder:

a. Did not directly or indirectly, induce or solicit anyone else to submit a false or sham proposal;

b. Did not directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder or anyone else would submit a false or sham proposal, or that anyone should refrain from bidding or withdraw his proposal;

c. Did not, in any manner, directly or indirectly seek by agreement, communication or conference with anyone to raise or fix the proposal price of said bidder or of anyone else, or to raise or fix any overhead, profit or cost element of his proposal price, or of that of anyone else;

d. Did not, directly or indirectly, submit his proposal price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any individual or group of individuals, except the Rose Bowl Operating Company, or to any person or persons who have a partnership or other financial interest with said bidder in his business.

I certify under penalty of perjury that the above information is correct

By:______Title:______

Date:______

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Purchasing Division 100 N. Garfield Ave., Room 328 Pasadena, CA 91101 (626) 744-6755 (626) 744-6757 Fax Internet: www.cityofpasadena.net/purchasing

7.3 Vendor Questionnaire (Form AA-1) Affidavit of Equal Opportunity Employment & Non-segregation

By submitting this form you are declaring under penalty of perjury under the laws of the State of California and the laws of the United States that the information is true and correct. Furthermore, you are certifying that your firm will adhere to equal opportunity employment practices to assure that applicants and employees are not discriminated against because of their race, religion, color, national origin, ancestry, disability, sex or age. And, your firm does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained.

Name of Company Telephone

Address Fax Number (optional)

City State Zip

Contact Person E-mail Address

DBA (if applicable)

Active City of Pasadena Business License Number

Remit Address (if different)

Please state clearly and concisely the type(s) of goods and services your company would provide on this contract:

Required For All Public Works: Pursuant to Division 2, Part 7, Chapter 1 (commencing with section 1720) of the California Labor Code, you must provide your Registration Number under the Department of Industrial Relations:

Small and Micro Business Preference Program: If certified by California Department of General Services as a small or micro business, please provide DGS Reference Number: (Visit the Purchasing Division website for additional information)

The following section is OPTIONAL and is for statistical reporting purposes only. Ownership (please check all that apply):

African- Native American Asian Armenian Hispanic American Disabled Female

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7.4 Project Workforce Utilization (Form AA-2)

This form is to be included in all bid documents for projects involving labor or services valued at $25,000 or more.

Instructions: Please indicate the job titles/classifications to be used in the performance of this contract should it be awarded to your firm. Please indicate the number of employees in each job classification as well as the number of new hires, if any, as a result of this contract.

Name of Company: ______Project: ______

Job Titles/Classification Estimated number of existing staff to be employed Estimated number of new hires to be employed in this classification if awarded the contract in this classification if awarded the contract

Are any current employees or potential new hires Pasadena residents? If so, how many?

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7.5 Current Permanent Workforce Utilization (Form AA-3) (OPTIONAL)

Completion of this form is OPTIONAL. Any information supplied by bidders is for reporting purposes only and will not be factored into the award of any contract. Instructions: Please indicate the number of employees in each Job Classification belonging to the following groups.

Name of Company: ______Project: ______

White African-American Hispanic Asian/Pacific Native Armenian Male Female (not of Hispanic origin) (not of Hispanic origin) Islander American CLASSIFICATION Officials/Managers Professionals Technicians Office/Clerical Skilled Craft Workers Operators (semi-skilled) Laborers Service Workers TOTAL

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7.6 INSURANCE REQUIREMENTS

RBOC/CITY OF PASADENA INSURANCE REQUIREMENTS

Name of Co:______

Project Title:______

1. PLEASE PROVIDE THE BELOW LISTED DOCUMENTS TO YOUR PROJECT MANAGER. 2. PLEASE SUBMIT THESE IN ONE (1) PACKAGE WHEN YOU HAVE ALL DOCUMENTS IN HAND, ALONG WITH THIS CHECK LIST, BECAUSE THEY WILL BE FORWARDED OVER AS A GROUP TO OUR RISK MANAGER FOR APPROVAL:

Include on one or two Acord forms with the coverage limits, policy numbers, and dates for:

A. General Liability: Combined Single Limit of $1,000,000 per occurrence. Additional Insured Endorsement form(s) Naming as Additional Insured (“RBOC, its Board of Directors, the City of Pasadena, its City Council, and their respective directors, commissioners, officers, employees, and volunteers.”) Please provide either this: CG 20 10 11 85;

or both of these forms CG 20 10 XX XX (for ongoing operations) AND CG 20 37 XX XX (for completed operations).

Endorsement Waiver of the Right of Subrogation for General Liability against the RBOC, its Board of Directors, the City of Pasadena, its City Council, and their respective directors, commissioners, officers, employees, and volunteers.

B. Auto Liability: $100,000/$300,000/$50,000 personal policy combined single limits; $1,000,000 combined singled limits commercial policy, unless vehicles are not involved.

C. Worker’s Comp in statutory amounts. A separate certificate may be submitted. The City need not be named as additional insured. Endorsement Waiver of the Right of Subrogation for Worker’s Comp against the RBOC and City of Pasadena.

*Letters A, B, C and endorsements must be included.

Note: The Specification or Request for Insurance may be amended by the City, to require less or greater requirements depending on the potential risk involved.

Certificate Holder shall be listed as follows: Rose Bowl Operating Company, 1001 Rose Bowl Drive, Pasadena, CA 91103, (626) 577-3100 or fax (626) 405-0992.

OTHER CRITICAL INCLUSIONS: 1. The City of Pasadena shall be given 30 days written notice of cancellation or material change. The certificate submitted will not be approved if it contains “best effort” modifiers or if it relieves the insurer from responsibility for failure to give notice. 2. Please include the applicable policy number on any endorsement or waiver forms. 3. City will accept blanket endorsements as long as the specific endorsement form numbers are referenced in the Description of Operations section of the Certificate of Insurance, as per below: • Additional Insured Endorsement is granted as to Commercial General Liability and Automobile Liability policies, naming “RBOC, its Board of Directors, the City of Pasadena, its City Council, and their respective directors, commissioners, officers, employees, and volunteers” as additional insureds, per attached endorsement # CG …..

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• Waiver of Subrogation Endorsements as to Worker’s Compensation and Commercial General Liability policies are granted as against “RBOC, its Board of Directors, the City of Pasadena, its City Council, and their respective directors, commissioners, officers, employees, and volunteers”, per attached endorsements # CG …. and WC …. The endorsement form number of the endorsement provided must match the form number referenced on the Certificate of Insurance.

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7.7 TAXPAYER DISCLOSURE FORM

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: [email protected] or by fax: (626) 744-3921, and submit a copy with the response package.

Disclosure Pursuant to the City of Pasadena Taxpayer Protection Amendment Pasadena City Charter, Article XVII

Contractor/Organization hereby discloses its trustees, directors, partners, officers, and those with more than 10% equity, participation, or revenue interest in Contractor/Organization, as follows:

(If printing, please print legibly. Use additional sheets as necessary.) 1. Contractor/Organization Name:

2. Type of Entity: □ non-government □ nonprofit 501(c)(3), (4), or (6)

3. Name(s) of trustees, directors, partners, officers of Contractor/Organization:

4. Names of those with more than 10% equity, participation or revenue interest in Contractor/Organization:

Prepared by: ______

Title: ______

Phone:

Date: ______

7.8 ATTACHMENT (PUBLIC CONTRACT CODE SEC. 9204; PUBLIC WORKS CLAIMS PROCEDURE)

The full text of this legislation is set forth below: THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 9204 is added to the Public Contract Code, to read: 9204. (a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner. (b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project. (c) For purposes of this section: (1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following: (A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the public entity. (2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project. (3) (A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency. (B) “Public entity” shall not include the following: The Department of Water Resources as to any project under the jurisdiction of that department. The Department of Transportation as to any project under the jurisdiction of that department. The Department of Parks and Recreation as to any project under the jurisdiction of that department. The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code. The Military Department as to any project under the jurisdiction of that department. The Department of General Services as to all other projects. The High-Speed Rail Authority. (4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor. (d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision. (B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply. (2) (A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute. (B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10

business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. (C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. (E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute. (3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum. (5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. (e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. (g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations. (i) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. SEC. 2. The Legislature finds and declares that it is of statewide concern to require a charter city, charter county, or charter city and county to follow a prescribed claims resolution process to ensure there are uniform and equitable procurement practices. SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

FEDERAL TERMS AND CONDITIONS. A. Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, to the extent this Agreement meets the definition of a "federally assisted construction contract" as set forth in 41 CFR Part 60-1.3, the CONTRACTOR agrees at all times during the term of this Agreement to comply with and abide by the following: (i) that the equal opportunity clause ("Equal Opportunity Clause") is part of this Agreement and incorporated herein by this reference in 41 CFR 60-1.4(b) in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and (ii) the regulations implementing the Equal Opportunity Clause at 41 CFR Part 60 and that such implementing regulations are a part of this Agreement and incorporated herein by this reference.

B. Davis-Bacon Act and Copeland "Anti-Kickback" Act. To the extent this Agreement is for construction services (new construction or repair) in excess of $2,000, the CONTRACTOR agrees at all times during the term of this Agreement to comply with and abide by: (i) the terms of the Davis-Bacon Act(codified at 40 U.S.C. § 3141 et seq., as supplemented by regulations at 29 CFR Part 5), and that such terms and regulations are a part of this Agreement and incorporated herein by this reference; and (ii) the terms of the Copeland "Anti-Kick Back" Act ( codified at 40 U.S.C. § 3145 et seq., as

supplemented by 29 CFR 3), and that such terms and regulations are a part of this Agreement and incorporated herein by this reference

C. Contract Work Hours and Safety Standards Act. To the extent this Agreement is in excess of $100,000 and involves the employment of mechanics or laborers, the CONTRACTOR agrees at all times during the term of this Agreement to comply with and abide by the terms of the Contract Work Hours and Safety Standards Act, codified at 40 U.S.C. 3701 et seq., as supplemented by regulations at 29 CFR Part 5, and that such terms and regulations are a part of this Agreement and incorporated herein by this reference.

D. Clean Air Act and Federal Water Pollution Control Act. To the extent this Agreement is in excess of $150,000, the CONTRACTOR agrees at all times during the term of this Agreement to comply with and abide by the standards, orders or regulations issued pursuant to the Clean Air Act, codified at 42 U.S.C. 7401 et seq., and the Federal Water Pollution Control Act codified at 33 U.S.C. 1251 et seq. The CONTRACTOR further agrees to report any violations of the foregoing to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

E. Debarment and Suspension Certification. The CONTRACTOR certifies that neither CONTRACTOR nor any of CONTRACTOR's agents, sub-contractors or employees who may perform services under this Agreement are debarred, suspended or excluded from participation in any federal assistance programs in accordance with Executive Orders 12549 and 12689 and its implementing guidelines. The CONTRACTOR agrees to immediately notify theFederal awarding agency if the CONTRACTOR or any of the CONTRACTOR's agents, sub-contractors or employees who may perform services under this Agreement become debarred, suspended or excluded from participation in federal assistance programs or federal contract transactions.

F. Byrd Anti-Lobbying Amendment Certification. To the extent this Agreement is in excess of $100,000, the CONTRACTOR certifies that neither the CONTRACTOR nor any of the CONTRACTOR's agents, sub-contractors or employees who may perform services under this Agreement have not used and will not use any Federally appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. The CONTRACTOR agrees to immediately notify the Federal awarding agency if the CONTRACTOR or any of the CONTRACTOR's agents, sub-contractors or employees who may perform services under this Agreement influence or attempt to influence any officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352.

7.9 SAMPLE CONTRACT

SERVICES CONTRACT NO.

THIS Contract is made between the ROSE BOWL OPERATING COMPANY (“RBOC”), as agent for the CITY OF PASADENA ("City"), a municipal corporation, and ______, a

Professional Corporation, with headquarters at ______

("Contractor").

The RBOC and Contractor agree as follows:

1.0 EMPLOYMENT OF CONTRACTOR. RBOC agrees to engage Contractor to perform the services as hereinafter set forth as authorized by the RBOC Board of Directors on

______.

2.0 SCOPE OF SERVICES.

2.1 Contractor shall perform all work necessary to complete the services set forth in the Request for Proposals dated ______, Exhibit “A,” and Contractor's proposal to the RBOC

("Proposal") dated ______, Exhibit “B,” and according to an agreed upon Schedule, Exhibit “C,” all of which are attached to and incorporated into this Contract by reference.

2.2 All services shall be performed to the satisfaction of RBOC.

2.3 All services shall be performed according to the standards then prevailing in the

______industry.

3.0 PERSONNEL.

3.1 Contractor represents that it employs, or will employ, at its own expense, all personnel required to perform the services under this Contract.

3.2 Contractor shall not subcontract any services to be performed by it under this Contract without prior written approval of RBOC.

3.3 All of the services required hereunder will be performed by Contractor or by RBOC- approved subcontractors. Contractor, and all personnel engaged in the work, shall be fully qualified and authorized or permitted under State and local law to perform such services and shall be subject to approval by the RBOC.

4.0 TERM.

4.1 The initial term of this Contract is for a period of ______years, commencing with its signing and continuing to and through ______coinciding with the audit of financial statements for the fiscal years ending ______.

4.2 This Contract may be renewed for up to three additional one year periods, on the same terms and conditions, in the sole discretion of the RBOC General Manager and upon written amendment of this Contract. The compensation for each renewal period may be increased by an amount equal to two per cent (2%) of the compensation for the previous period.

5.0 COMPENSATION AND FEES.

5.1 For satisfactory and timely performance of the services, the RBOC will pay

Contractor an amount not to exceed ______, in accordance with the payment schedule set forth in Exhibit “C”, and subject to the terms and conditions of Exhibit “A”.

Contractor's grand total compensation for the [initial five Year] term of this Contract shall not exceed $____ without the prior authorization of the RBOC Board of Directors. 5.3 Contractor shall, at its sole cost and expense, furnish all necessary and incidental labor, material, supplies, facilities, equipment and transportation which may be required for furnishing services pursuant to this Contract. Materials shall be of the highest quality. The above Contract fee shall include all professional time and all clerical, administrative, overhead, insurance, reproduction, telephone, air travel, auto rental, subsistence, and all related expenses. 6.0 PAYMENT.

6.1 As scheduled services are completed, Contractor shall submit to the RBOC an invoice for the services completed, authorized expenses, and authorized extra work actually performed or incurred according to said schedule. Each such invoice shall state the basis for the amount invoiced, including the services completed, the number of hours spent, reimbursable expenses incurred and any extra work performed. Contractor shall also submit a progress report with each invoice that describes in reasonable detail the services and the extra work, if any, performed in the immediately preceding calendar month. 6.4 RBOC will pay Contractor the amount invoiced within thirty (30) days after the RBOC approves the invoice. 6.5 Payment of such invoices shall be payment in full for all services, authorized costs and authorized extra work covered by that invoice. 7.0 CHANGE ORDERS. There is no change order authority provided in this Contract. 8.0 RBOC'S RESPONSIBILITY. RBOC shall cooperate with Contractor as may be reasonably necessary for Contractor to perform its services; and will give any required decisions as promptly as practicable so as to avoid unreasonable delay in the progress of Contractor's services. 1.0 GENERAL TERMS AND CONDITIONS.

9.1 INDEPENDENT CONTRACTOR. 9.1.1 It is understood that in the performance of the services herein provided for, Contractor shall be, and is, an independent contractor, and is not an agent or employee of RBOC and shall furnish such services in its own manner and method except as required by this Contract. Further, Contractor has and shall retain the right to exercise full control over the employment, direction, compensation and discharge of all persons employed by Contractor in the performance of the services hereunder. Contractor shall be solely responsible for, and shall indemnify, defend and save RBOC and City harmless from all matters relating to the payment of its employees,

including compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever.

9.1.2 Contractor acknowledges that Contractor and any subcontractors, agents or employees employed by Contractor shall not, under any circumstances, be considered employees of the RBOC/City, and that they shall not be entitled to any of the benefits or rights afforded employees of RBOC/City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits.

9.2 CONTRACTOR NOT AGENT. Except as the RBOC may authorize

in writing, Contractor and its subcontractors shall have no authority, express or implied, to act on behalf of or bind the RBOC/City in any capacity whatsoever as agents or otherwise.

9.3 OWNERSHIP OF WORK. All reports, drawings, plans, specifications, computer tapes, floppy disks and printouts, studies, memoranda, computation sheets and other documents prepared by Contractor in furtherance of the work shall be the sole property of RBOC and shall be delivered to RBOC whenever requested. Contractor shall keep such documents and materials on file and available for audit by the RBOC for at least three (3) years after completion or earlier termination of this Contract. Contractor may make duplicate copies of such materials and documents for its own files or for such other purposes as may be authorized in writing by the RBOC.

9.4 CORRECTION OF WORK. Contractor shall promptly correct any defective, inaccurate or incomplete tasks, deliverables, goods, services and other work, without additional cost to the RBOC. The performance or acceptance of services furnished by Contractor shall not relieve the

Contractor from the obligation to correct subsequently discovered defects, inaccuracy or incompleteness.

9.5 WAIVER. The RBOC's waiver of any term, condition, breach or default of this

Contract shall not be considered to be a waiver of any other term, condition, default or breach, nor of a subsequent breach of the one waived.

9.6 SUCCESSORS. This Contract shall inure to the benefit of, and shall be binding upon, the parties hereto and their respective heirs, successors and/or assigns.

9.7 NO ASSIGNMENT. Contractor shall not assign or transfer this

Contract or any rights hereunder without the prior written consent of the RBOC and approval by the

City Attorney, which may be withheld in the RBOC's sole discretion. Any unauthorized assignment or transfer shall be null and void and shall constitute a material breach by the Contractor of its obligations under this Contract. No assignment shall release the original parties or otherwise constitute a novation.

9.8 COMPLIANCE WITH LAWS. Contractor shall comply with all

Federal, State, County and City laws, ordinances, rules and regulations, which are, as amended from time to time, incorporated herein and applicable to the performance hereof, including but without limitation, the Pasadena Living Wage Ordinance. Violation of any law material to performance of this

Contract shall entitle the RBOC to terminate the Contract and otherwise pursue its remedies.

9.9 INTERPRETATION.

9.9.1 Applicable Law. This Contract, and the rights and duties of the parties hereunder (both procedural and substantive), shall be governed by and construed according to the laws of the State of California.

9.9.2 Entire Agreement. This Contract, including any exhibits attached hereto, constitutes the entire agreement and understanding between the parties regarding its subject matter and supersedes all prior or contemporaneous negotiations, representations, understandings, correspondence, documentation and agreements (written or oral).

9.9.3 Written Amendment. This Contract may only be changed by written amendment signed by Contractor and the General Manager or other authorized representative of the

RBOC, subject to any requisite authorization by the RBOC Board of Directors. Any oral representations or modifications concerning this Contract shall be of no force or effect.

9.9.4 Severability. If any provision in this Contract is held by any court of competent jurisdiction to be invalid, illegal, void, or unenforceable, such portion shall be deemed severed from this Contract, and the remaining provisions shall nevertheless continue in full force and effect as fully as though such invalid, illegal, or unenforceable portion had never been part of this

Contract.

9.9.5 Order of Precedence. In case of conflict between the terms of this

Contract and the terms contained in any document attached as an Exhibit or otherwise incorporated by reference, the terms of this Contract shall strictly prevail.

9.9.6 Choice of Forum. The parties hereby agree that this Contract is to be enforced in accordance with the laws of the State of California, is entered into and/or is to be performed in the City of Pasadena and that all claims or controversies arising out of or related to performance under this Contract shall be submitted to and resolved in a forum within the County of

Los Angeles at a place to be determined by the rules of the forum.

9.9.7 Duplicate Originals. There shall be two (2) fully signed copies of this Contract, each of which shall be deemed an original.

9.10 TIME OF ESSENCE. Time is strictly of the essence of this contract and each and every covenant, term and provision hereof.

9.11 AUTHORITY OF CONTRACTOR. The Contractor hereby

represents and warrants to the RBOC that the Contractor has the right, power, legal capacity and authority to enter into and perform its obligations under this Contract, and its execution of this Contract has been duly authorized.

9.12 ARBITRATION OF DISPUTES. Any dispute for under

$25,000 arising out of or relating to the negotiation, construction, performance, non-performance, breach or any other aspect of this Contract, shall be settled by binding arbitration in accordance with the Commercial Rules of the American Arbitration Association at Los Angeles, California and judgment upon the award rendered by the Arbitrators may be entered in any court having jurisdiction thereof.

The RBOC does not waive its right to object to the timeliness or sufficiency of any claim filed or required to be filed against the RBOC and reserves the right to conduct full discovery.

9.13 INDEMNITY.

9.13.1 Contractor agrees to indemnify, hold harmless, release and defend (even if the allegations are false, fraudulent or groundless), to the maximum extent permitted by law, and covenants not to sue, the City, its City Council, the RBOC, its Board of Directors and each member thereof, and their respective officers, employees, commission members and representatives, from any and all liability, loss, suits, claims, damages, costs, judgments and expenses (including attorney's fees and costs of litigation) which in whole or in part result from, or arise out of, or are claimed to result from or to arise out of:

A. Any activity on or use of RBOC or City's premises or facilities or any performance under this Contract; or

B. Any acts, or failure to act as required by the scope of services of this contract, errors or omissions (including, without limitation, professional negligence) of Contractor, its

employees, representatives, subcontractors, or agents in connection with the performance or failure to perform, as required by this Contract.

9.13.2 This agreement to indemnify includes, but is not limited to, personal injury

(including death at any time) and property or other damage (including, but without limitation, contract or tort or patent, copyright, trade secret or trademark infringement) sustained by any person or persons (including, but not limited to, companies, or corporations, Contractor and its employees or agents, and members of the general public). The sole negligence or willful misconduct of RBOC or

City, their employees or agents other than Contractor or Contractor’s subcontractors are excluded from this indemnity agreement.

9.14 INSURANCE. Contractor shall, at its own expense, procure and maintain policies of insurance of the types and in the amounts set forth below, for the duration of the Contract, including any extensions thereto. The policies shall state that they afford primary coverage.

9.14.1 Automobile Liability with minimum limits of at least $1,000,000 including owned, hired, and non-owned liability coverage.

9.14.2 General Liability with minimum limits of at least $2,000,000 combined single limits written on an Insurance Services Office (ISO) Comprehensive General Liability "occurrence" form or its equivalent for coverage on an occurrence basis. Premises/Operations and Personal Injury coverage is required. RBOC, its Board of Directors, the City of Pasadena, its City Council, and their respective directors, commissioners, officers, employees, agents and volunteers must be endorsed on the policy as additional insureds, by separate and specific endorsement, as respects liability arising out of the Contractor's performance of this Contract. Contractor agrees to waive subrogation against City of Pasadena and RBOC, by separate and specific endorsement.

A.If Contractor employs other contractors as part of the services rendered, Contractor's

Protective Coverage is required. Contractor may include all subcontractors as insureds under its own policy or shall furnish separate insurance for each subcontractor, meeting the requirements set forth herein.

B. Blanket Contractual Coverage if required.

C.Products/Completed Operations coverage where such risk is applicable.

9.14.3 Contractor shall comply with the applicable sections of the California Labor Code concerning workers' compensation for injuries on the job. Compliance is accomplished in one of the following manners:

9.14.3.1 Provide copy of permissive self-insurance certificate approved by the State of California; or

9.14.3.2 Secure and maintain in force a policy of workers' compensation insurance with statutory limits and Employer's Liability Insurance with a minimal limit of $1,000,000 per accident. The policy shall be endorsed, by separate and specific endorsement, to waive all rights of subrogation against RBOC, its Board of Directors, the City of Pasadena, its City Council, and their respective directors, commissioners, officers, employees, and volunteers for losses arising from performance of this Contract; or

9.14.3.3 Provide a "waiver" form certifying that no employees subject to the

Labor Code's Workers' Compensation provision will be used in performance of this Contract.

9.14.4 Contractor’s insurance shall be primary and non-contributory.

9.14.5 Each insurance policy included in this clause shall be endorsed to state that coverage shall not be cancelled except after thirty (30) days' prior written notice to RBOC.

9.14.6 Insurance shall be placed with insurers with a Best's rating of no less than A:VIII.

9.14.7 Prior to commencement of performance, Contractor shall furnish RBOC with a

certificate of insurance and amendatory endorsements for each policy. Each certificate is to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate(s) and amendatory endorsements must be in a form approved by RBOC and City. RBOC and/or the City may require complete, certified copies of any or all policies at any time.

9.14.8 Failure to maintain required insurance at all times, which failure is not cured within two (2) business days after Contractor’s receipt of written notice from RBOC, shall constitute a default and material breach. In such event, Contractor shall immediately notify RBOC and cease all performance under this Contract until further directed by the RBOC. In the absence of satisfactory insurance coverage, RBOC may, at its option: (a) procure insurance with collection rights for premiums, reasonable attorney's fees and costs against Contractor by way of set-off or recoupment from sums due Contractor, at RBOC's option; (b) immediately terminate this Contract; or (c) self insure the risk, with all damages and costs incurred, by judgment, settlement or otherwise, including reasonable attorney's fees and costs, being collectible from Contractor, by way of set-off or recoupment from any sums due Contractor.

9.15 NOTICES.

Any notice or demand to be given by one party to the other shall be given in writing and by personal delivery or prepaid first-class, registered or certified mail, addressed as follows. Notice simply to the RBOC or any other City department is not adequate notice.

If to the RBOC:

If to the Contractor:

Any such notice shall be deemed to have been given upon delivery, if personally delivered, or, if mailed, upon receipt or upon expiration of three (3) business days from the date of posting, whichever is earlier. Either party may change the address at which it desires to receive notice upon giving written notice of such request to the other party.

9.16 TERMINATION FOR CONVENIENCE (Without Cause). RBOC may terminate this

Contract in whole or in part at any time, for any cause or without cause, upon fifteen (15) calendar days' written notice to Contractor. If the Contract is thus terminated by RBOC for reasons other than

Contractor's failure to perform its obligations, RBOC shall pay Contractor a prorated amount based on the services satisfactorily completed and accepted prior to the effective date of termination. Such payment shall be Contractor's exclusive remedy for termination without cause.

9.17 DEFAULT. In the event either party materially defaults in its obligations hereunder, the other party may declare a default and terminate this Contract by written notice to the defaulting party. The notice shall specify the basis for the default. The Contract shall terminate unless such default is cured before the effective date of termination stated in such notice, which date shall be no sooner than ten (10) days after the date of the notice.

Termination for cause shall relieve the terminating party of further liability or responsibility under this Contract, including the payment of money, except for payment for services satisfactorily and timely performed prior to the service of the notice of termination, and except for reimbursement of (1) any payments made by the RBOC for service not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by the RBOC in obtaining substitute performance.

10. ADDITIONAL ASSURANCES.

10.1 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES. Contractor

agrees to comply with Section 4.08.035 of the City's Competitive Bidding and Purchasing Ordinance of the Pasadena Municipal Code, the rules and regulations promulgated thereunder, the California Fair

Employment and Housing Act (Government Code Section 12900 et seq.) and to this end:

10.1.1 Contractor certifies and represents that, during the performance of this

Contract, the Contractor and any other parties with whom it may subcontract shall adhere to equal opportunity employment practices to assure that applicants and employees are treated equally and are not discriminated against because of their race, religion, color, national origin, ancestry, disability, sex, age, medical condition, marital status. Contractor further certifies that it will not maintain any segregated facilities.

10.1.2 Contractor shall, in all solicitations or advertisements for applicants for employment placed by or on behalf of this Contract, state that it is an "Equal Opportunity Employer" or that all qualified applicants will receive consideration for employment without regard to their race, religious creed, color, national origin, ancestry, disability, sex, age, medical condition or marital status.

10.1.3 Contractor shall, if requested to so do by the RBOC/City, certify that it has not, in the performance of this Contract, discriminated against applicants or employees because of their race, religious creed, color, national origin, ancestry, disability, sex, age, medical condition or marital status.

10.1.4 If requested to do so by the RBOC/City, Contractor shall provide the

RBOC/City with access to copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law.

10.1.5 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.

10.1.6 Nothing contained in this Contract shall be construed in any manner so as to require or permit any act which is prohibited by law.

10.1.7 The Contractor shall include the provisions set forth in paragraphs numbered 10.1.1 through 10.1.6 of subsection 10.1 of this Contract, inclusive, in each of its subcontracts.

10.2 PASADENA BUSINESS LICENSE. Contractor shall obtain, and pay any and all costs associated therewith, any Pasadena Business License which may be required by the Pasadena

Municipal Code.

10.3 MAINTENANCE AND INSPECTION OF RECORDS.

The RBOC, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Contractor's records to the extent the RBOC deems necessary to insure it is receiving all money to which it is entitled under the Contract and/or is paying only the amounts to which Contractor is properly entitled under the Contract or for other purposes relating to the Contract.

The Contractor shall maintain and preserve all such records for a period of at least

3 years after termination of the Contract.

The Contractor shall maintain all such records in the City of Pasadena. If not, the

Contractor shall, upon request, promptly deliver the records to the RBOC or reimburse the RBOC for all reasonable and extra costs incurred in conducting the audit at a location other than the City of

Pasadena, including, but not limited to, such additional (out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals and overhead.

10.4 CONFLICT. Contractor hereby represents, warrants and certifies that no member, officer or employee of the Contractor is a director, officer or employee of the City of Pasadena, or a member of any of its boards, commissions or committees, except to the extent permitted by law.

10.5 TAXPAYER PROTECTION AMENDMENT

Under the provisions of the City of Pasadena Taxpayer Protection Amendment of 2000

("Taxpayer Protection Act"), the Contractor/Organization will be considered a "recipient of a public benefit." The full provisions of the Taxpayer Protection Act are set forth in Pasadena City Charter,

Article XVII. Under the Taxpayer Protection Act, City public officials who approve this

Contract/transaction are prohibited from receiving specified gifts, campaign contributions or employment from Contractor/Organization 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. This prohibition extends to individuals and entities that are specified and identified in the Taxpayer Protection Act 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

Taxpayer Protection Act; (B) Contractor/Organization will complete and return the forms provided by the City in order to identify all of the recipients of a public benefit specified in the Taxpayer Protection

Act; 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/transaction.

IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed by their duly authorized representatives as of the date set forth below.

DATED: ROSE BOWL OPERATING COMPANY

By:______Darryl Dunn General Manager ATTEST:

______Mark Jomsky, CMC City Clerk

DATED: CONTRACTOR

By: ______Signature

______(typed name)

Title: ______

APPROVED AS TO FORM:

______Theresa E. Fuentes Assistant City Attorney

REVIEWED:

______

Erika Estrada, Purchasing Administrator

7.8 REQUEST FOR TAXPAYER IDENTIFICATION NUMBER AND CERTIFICATION (FORM W-9)

7.10 – CONTRACTOR’S QUALIFICATION STATEMENT

The bidder must provide a minimum of three (3) references, including names, and current telephone numbers, one of which must be from the type of facility described above. The bidder must complete the form provided below.

REFERENCES:

1. ______Name

______Title

______Phone number

2. ______Name

______Title

______Phone Number

3. ______Name

______Title

______Phone number

EXPERIENCE:

Comparable Facility: ______Name

Number of Years’ Experience: ______

Dates of Service: ______

I, the undersigned, certify and declare that I have read all the foregoing information and that the matters stated herein are true of my own knowledge and belief, except as to those matters stated on information and belief, and as to those matters I believe them to be true. I declare under penalty of perjury under the laws of the State of California, that the foregoing is correct.

Dated: (Signature)

(Title)