Aquatics_Staff_Uniforms.pdf

Informal Selection - Aquatics Staff Uniforms Release Date: Thursday, March 9, 2023

City of Pasadena Parks, Recreation and Community Services Department

Informal Selection for Aquatics Staff Uniforms

2023-Informal-155

1. INTRODUCTION

1. Summary

The City is seeking quotes or proposals for Aquatics Staff Uniforms as outlined in this SOLICITATION.

The Contractor may need to meet other certain minimum qualifications to propose on this specification..

2023-Informal-155

The City of Pasadena Parks, Recreation, & Community Services Department (PRCS) is looking to purchase lifeguard products for the summer program staff. Award will be based on the lowest responsive, responsible bidder.

2. Contact Information

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Vendor Registration Instructions & Customer Service information:

Click here to register on the City's eProcurement Portal.

If you are already registered and need help logging in or retrieving your user information use the blue chat bubble on the lower right hand corner of the screen.

Additional instructions are included in this solicitation (See section named "Instructions for Registering onto the City's eProcurement Portal.

Customer Service

For assistance with e-bidding or uploading documents: Contact Open Gov via the blue chat bubble

Monday through Friday 5am - 5pm PST, except statutory holidays

Gabriel Araujo Recreation Services Specialist Email: garaujo@cityofpasadena.net Phone: (626) 744-7542 Department:

Parks, Recreation and Community Services Department https://procurement.opengov.com/portal/pasadena mailto:garaujo@cityofpasadena.net tel:(626)744-7542

3. Timeline

Release Project Date March 9, 2023

Question Submission Deadline March 15, 2023, 4:00pm

Submission Deadline March 21, 2023, 4:00pm

2. INSTRUCTIONS

1. TERMS AND CONDITIONS OF PURCHASE ORDER CONTRACT

TERMS AND CONDITIONS OF PURCHASE ORDER CONTRACT

https://www.cityofpasadena.net/wp-content/uploads/sites/27/Terms-Conditions-of-Purchase- Order.pdf

2. Contract Duration

The Contract resulting from this proposal is scheduled to start 04/03/2023. The Contract resulting from this proposal is scheduled to end 06/30/2023.

3. 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 City on that basis in the event of discrepancy and bid awarded.

4. PUBLIC CONTRACT CODE SEC. 9204 NEW PUBLIC WORKS CLAIMS PROCEDURE

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

5. Quantities https://www.cityofpasadena.net/wp-content/uploads/sites/27/Terms-Conditions-of-Purchase-Order.pdf https://www.cityofpasadena.net/wp-content/uploads/sites/27/Terms-Conditions-of-Purchase-Order.pdf https://www.cityofpasadena.net/wp-content/uploads/sites/27/Terms-Conditions-of-Purchase-Order.pdf

The quantities contained in the documents are approximate only and are for the sole purpose of comparing proposals. The City may, in accordance with the specifications, request additional goods or services as necessary at the City's sole discretion, as increased by the unit price noted and payment will be made for the amount of goods or services actually provided as determined by the City and accepted at the unit prices noted in the proposal.

6. Standard terms and conditions

Prior to the award of any work hereunder, City and contractor shall enter into a written contract in substantially the form attached hereto with such revisions thereto as the City may determine necessary and appropriate. PROPOSERS responding to this SOLICITATION are strongly advised to review all the terms and conditions of the contract, and shall be deemed to have accepted them.

7. Funding Source

This procurement is funded by: City of Pasadena. Vendors must submit all required document with their proposal.

8. COST PROPOSAL: Cost Proposal Submittal

Parties interested in responding are required to submit their Cost Proposal with their Technical proposal (if one was required).

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

The fee information is relevant to a determination of whether the fee is fair and reasonable in light of the services to be provided. Costs shall include the proposed costs and, if necessary, the approximate number of hours to provide the services as described in your proposal. Any additional fees outside the scope of the agreement must be approved in writing before commencing services for said fees.

Vendor’s response must be inclusive of all costs and expenses associated with travel, lodging, and any other incidental costs. The City will not separately reimburse costs not included in the proposal.

9. Definitions

The words (A) "City", (B) "Department", (C) "Director", or (D) "Contractor", as used in this SOLICITATION, shall be understood to refer respectively to (A) the City of Pasadena, California; (B) the several departments therein; (C) the directors of the several City departments; or any of their properly authorized assistants; and ( D) the person, firm or corporation with whom the contract is made by said City or the agent or legal representative who may be appointed to represent such person, firm or corporation in the signing and performance of said contract.

10. Addenda

If any person contemplating submitting a proposal of the items or services listed herein is in doubt as to the true meaning of any part of this SOLICITATION, he/she may submit to the City representative(s) identified in the subsection named "Deadline for RFP Questions," above, a written request for an interpretation or correction thereof.

Any interpretation or correction of City specifications will be made only by addendum, duly issued by the City representative(s) identified in Section 3, above. Addenda (if any) shall be made available to each Proposer. A proposer’s failure to address the requirements of any and all addenda may result in the proposal not being considered. If the City determines that a time extension is required for the proposal, the City will issue an addendum that will give the new submission date. The Proposer is responsible to register with “OpenGov” at www.cityofpasadena.net to insure they receive all SOLICITATION documents including addendums which are available as a download.

The City reserves the right to change any part of these Instructions to PROPOSERS and Specifications any time prior to Deadline for Submissions. Any changes shall be in the form of addenda and will become a part of the Proposal documents and of the contract.

11. Ordering Authority

Work orders of products or services will be placed in writing by Gabriel Araujo, Recreation Services Specialist ((626) 744-7542; garaujo@cityofpasadena.net). Any work orders made through any other methods or by any other individuals may be accepted.

12. Delivery Instructions

Regular deliveries: Must deliver within 21 business days of order placement. Business days are defined as Monday through every other Friday between the hours of 7:30 a.m. to 5:30 p.m. See the schedule for closed Fridays: https://www.cityofpasadena.net/planning/scheduled-city-closure-9-80-plan/.

Deliveries Must be Made to:

1081 N Fair Oaks Ave Pasadena, CA 91103

3. SPECIFICATION

1. General Description of Items and Other Details

Lifeguard whistles, lanyards, navy blue women's bathing suits, navy blue men's & women's board shorts, and sun protection rash guards. Board shorts, lifeguard swimsuits, and rash guards must be embroidered with City logo on the front sized at 3"x3" "Pasadena Lifeguard". Guard tank top t-shirts only need the word "Lifeguard" in size 8" red font on the front and size 12" on the back, 3"x3" size font for "Pasadena Lifeguard" (see the attachment logo sample, Attachment A).

Bidders must provide the following:

1. PRICING MUST BE VALID from MARCH 2023-JUNE 2023

2. AWARD WILL BE BASED ON LOWEST BID

3. Any incomplete bid will be ruled unresponsive and may not be considered for an award https://www.cityofpasadena.net/planning/scheduled-city-closure-9-80-plan/

4. Awarded vendor will be required to provide the following: (a) W-9 (b) complete vendor questionnaire form for new vendors (c) insurance documents, if vendor is coming on site (d) invoices to be uploaded electronically to the City's website at https://invoice.cityofpasadena.net/ (e) invoices to be submitted no later than 7 days after the required delivery or completion date. Invoice must clearly specify the PO number, detailed description of goods and/or services as applicable (ex. unit price, quantities billed, extended totals, service date, service location, hourly rate, hours billed), and any applicable taxes.

5. Sample Purchase Order can be found on City Net: https://www.cityofpasadena.net/wp-content/uploads/sites/27/Terms-Conditions-of-Purchase-Order.pdf

Delivery Details:

1. The delivery location will be open to receive the shipment on the following days and times: Monday

- Friday, 9 a.m. - 3 p.m., Robinson Park Recreation Center 1081 N. Fair Oaks Ave. Pasadena, CA 91103

Local Policies:

1. The vendor shall obtain any City Business License required by Pasadena Municipal Code Chapter

5.04. To secure a business license please visit our website:

https://www.cityofpasadena.net/finance/doing-business-with-the-city/ (Business license is not needed until an award has been granted)

2. Description of Listed Items

• Navy Blue Rash Guard Long-sleeved - Long Sleeve Navy-blue Rash Guard (XS- 3XL) 100% chlorine block polyester unisex UPF 30+ sun protection. With embroidered logo.

• Guard Tank Tops T-Shirts - Adult sizes (XS-4XL) 100% white cotton t-shirt only needs the word "Lifeguard" logo in red font, on the back 12" and front 8" size.

• Women's Navy Blue Thin Strap Lifeguard Swimsuits - Adult sizes (28-40 or XS-3XL) 100% chlorine block polyester with an UPF 50+, 83% Polyester/17% spandex and elastic stretching with embroidered logo.

• Men's Navy Blue Board Shorts - Adult sizes (XS-4XL) 9" seem 4-way stretch 94% Polyester/6% Spandex elastic waist with adjustable draw cord with embroidered logo.

• Women's Navy Blue Board Shorts - Adult sizes (XS-3XL) 4" seem 96% sanded polyester microfiber/4% spandex with an elastic adjustable drawcord with embroidered logo.

• Fox 40 Original Pea less Whistles (Red)

• Fox 40 Breakaway Lanyards (Red)

4. PRICING PROPOSAL

In response to the Request for Quotes for Aquatics Staff Uniforms 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 City in writing.

INSTRUCTIONS:

Each bidder must bid on all items shown in the Bidder’s Pricing Table. 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.

Instructions: For each Item, please multiply the Unit Price by the corresponding Quantity to determine the Item Price. Sum the Item Prices to determine the Item Total. Sum the Item Total and the Sales Tax to determine the Grand Total Price.

All bid pricing must be entered into the City's eProcurement Portal or the bid may be considered informal and deemed non-responsive, do not use a separate document attachment to represent your pricing.

LIFEGUARD APPAREL

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

Line Item Description Quantity Unit of Measure

Unit Cost Total

1 Long Sleeve NavyBlue Rash Guard (adult sizes XS- 3XL) 100% chlorine block polyester unisex UPF 30+ sun protection. With embroidered logo.

45 ea

2 Guard Tank Tops T-Shirts/adult sizes(adult sizes XS-4XL) 100% white cotton t-shirt only needs the word "Lifeguard" logo in red font, on the back 12" and front 8" size.

45 ea

3 Women's Navy Blue Thin Strap Lifeguard Swimsuits (adult sizes 28-40 or XS-3XL) 100% chlorine block polyester with an UPF 50+, 83% Polyester/17% spandex and elacstic stretching with embroidered logo.

40 ea

4 Men's Navy Blue Board Shorts (adult sizes XS-4XL) 9" seem 4-way stretch 94% Polyester/6% Spandex elastic waist with adjustable drawcord with embroidered logo.

30 ea

5 Women's Navy Blue Board Shorts (adult sizes XS-3XL) 4" seem 96% sanded polyester microfiber/4% spandex with an elastic adjustable drawcord with embroidered logo.

30 ea

6 Fox 40 Original Pealess Whistles (Red) 40 ea

7 Fox 40 Breakaway Laynards (Red) 40 ea

8 Shipping/Freight 1 ea

[*] Denotes item is taxable Sales Tax (@ 10.25%)

TOTAL

5. CITY REQUIREMENTS

There are of forms included in the section named Submittal/Checklist of these specifications which a bidder must complete to establish compliance with a number of City Requirements, including, but not limited to, equal employment opportunity and affidavit of non-collusion. These forms and their instructions should be considered an integral part of the specifications and failure to complete them may be grounds, in the sole discretion of the city, for rejection of any bidder.

1. Equal Employment Opportunity in Contracting

Policy - The City of Pasadena is committed to a policy of Equal Employment:

• Contracting. Contractors expressly agree to comply with the City’s ordinances and regulations regarding Equal Opportunity Employment as well as regulations that may be mandated by the source of the funds supporting this contract.

Compliance – To the extent permitted by law, Contractor expressly agrees to establish compliance with the Equal Employment Opportunity Practices Provisions of Chapter 4.08 of the Pasadena Municipal Code, and the Rules and Regulations adopted pursuant to said ordinance.

The successful bidder may be required to submit documentation during the term of the contract to evidence on going compliance with the City’s Equal Opportunity Practices Provisions. Such documentation may include, but not be limited to certified payroll records and Current Permanent Workforce Utilization reports.

Required Forms – Each bidder 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 City.

Questions regarding Chapter 4.08 of the Pasadena Municipal Code and regulations adopted pursuant thereto should be directed to the Department of Finance, Purchasing Division 626.744.6755.

2. Declaration of Non-Collusion by Contractor

The City requires that each bidder executes and submits to the City with the Bid, the attached Declaration of Non Collusion in the #Bidder's Submittals/Checklist.

3. System for Award Management (SAM.Gov)

Prior to contract award, the winning contractor must provide an active registration with "Sam.Gov."

Vendors seeking to register can register for free at the following link: https://sam.gov/content/entity-registration

4. CHANGE ORDER MANAGEMENTCHANGE ORDER MANAGEMENT

Any additional work identified during the course of the project that is deemed necessary, but outside the original Scope of Services, must be recorded as a Change Order and approved by the City in writing before work is started.

5. Local Preferences

The City of Pasadena is committed to promoting the economic health and well being of its residents.

To this end, contractor agrees to recruit Pasadena residents initially and to give them preference, if all other factors are equal, for any new positions that result from the performance of this contract and which are performed within the City.

6. Protest Procedure https://procurement.opengov.com/portal/pasadena/projects/39231?section=undefined https://sam.gov/content/entity-registration https://sam.gov/content/entity-registration

This procedure specifies the process to be utilized by the City of Pasadena in resolving protests regarding this solicitation. In order for a protest to be considered by the City of Pasadena, it must be submitted in accordance with the procedures outlined in the FORMAL SOLICATION PROTEST PROCURE found at the following link: (https://ww5.cityofpasadena.net/finance/doing-business-with-the-city/). A protest submitted that is not in accordance with this procedure, may be returned to the submitting party without any further action by the City of Pasadena.

7. Pasadena Business License

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

• If the business will not come into the City for the purpose of providing services for this contract they are not required to obtain a business license.

• If the business will only be coming into the city no more than 10 times to work on projects, they are charged 33% of the annual tax (5.04.130C)

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

• Any subcontractors used by the awarded bidder will be required to obtain a license if they will be coming into the City to perform services.

For further information contact Municipal Services Department at (626) 744-4166, Monday-Friday between 7:15 am and 5:15 pm. Additional Information regarding business license fees can be found here: https://www.cityofpasadena.net/finance/general-fund/fees-tax-schedules/

8. CONSTRUCTION AND DEMOLITION WASTE MANAGEMENT ORDINANCE

Construction and Demolition Waste Management Ordinance - In addition to complying with all applicable federal, state and local laws and regulations, the Contractor shall take note of the specific requirements of the Construction and Demolition Waste Management Ordinance, Pasadena Municipal Code Chapter 8.62. The Contractor shall comply with all provisions of the Ordinance, as a material part of the work under this Contract in order to divert a minimum of 75% of the construction and demolition debris resulting from the work. The Waste Management Plan required by the Ordinance shall be submitted no later than fifteen (15) calendar days after the Contract award.

Pasadena has partnered with Green Halo Systems to receive and keep track of the construction and demolition waste management documents.

The Contractor shall not commence work until (1) the invoice payment has been made for both the Performance Security Deposit equal to 3% of the project value not to exceed $30,000, and the non-refundable Administrative Review Fee based on the City's General Fee Schedule available online at:

www.cityofpasadena.net/finance/general-fund/fees-tax-schedules; and (2) the Waste Management Plan has been submitted through Green Halo and approved by the City's waste management compliance official.

The Contractor shall be required to certify compliance with the Construction and Demolition Waste Management Ordinance and provide required documentation during and at the end of the contract term. The refund of the Performance Security Deposit is subject to this compliance.

https://ww5.cityofpasadena.net/finance/doing-business-with-the-city/ https://www.cityofpasadena.net/finance/general-fund/fees-tax-schedules/

The cost to comply with the City's Construction and Demolition Waste Management Ordinance shall be included in the unit or lump sum prices for the applicable items of work listed in the Bidder's Proposal and no additional compensation will be allowed.

Failure to comply with any provisions of the Construction and Demolition Waste Management Ordinance, Pasadena Municipal Code Chapter 8.62 may result in forfeiture of the Performance Security Deposit.

Instructions

The contractor awarded the project will receive an invoice to pay the C&D administrative fee and C&D performance security deposit and an email with instructions to activate an account with Green Halo, complete the C&D plan and submit the weigh tickets of the receipt for the project.

To receive the Administrative Fee and C&D Performance Security Deposit Invoice and instructions to complete the C&D requirements in Green Halo, send an email to canddrecycling@cityofpasdena.net with the following information.

• Project name

• Contract Number

• Email account of the person that will be assigned as the account holder in the Green Halo

For additional information visit the Construction and Demolition Debris Recycling webpage www.cityofpasadena.net/public-works/engineering-and-construction/construction-and-demolition-debris-recycling/

9. Construction During the Period of November 15 through January 3

Attention is directed to Chapter 12.24 of the PMC, Excavations, and the Board of Directors (City Council) Policy Statement in Motion 25405 dated September 5, 1967. In general, all streets shall be free and clear of excavations and other construction during the period of November 15th through January 3rd for business districts, and December 15th through January 3rd for other areas.

Accordingly, the Contractor will be required to shut down construction operations which would impede traffic movement during this period unless otherwise directed by the Engineer in emergency situations. Any existing excavations shall be backfilled, compacted, and temporarily repaved before the shutdown date. Bidders should reflect any costs of such shutdown in the various items of the Bidder's Proposal, and no additional payment will be allowed therefor. No time will be charged against the contract time for operations which are shut down in accordance with this section. A map showing the appropriate shutdown period for all locations in the City is available at the public counter of the City's Permit Center at 175 Garfield Avenue, Pasadena, 91101.

10. Stormwater Management and Discharge Control

In addition to complying with all applicable federal, state and local laws and regulations, the Contractor shall take note of the specific requirements of the Stormwater Management and Discharge Control, Pasadena Municipal Code Chapter 8.70. The Contractor shall comply with all provisions of the Stormwater Management and Discharge Control Ordinance, also known as NPDES Requirements, as a material part of the work under this Contract.

mailto:canddrecycling@cityofpasdena.net mailto:canddrecycling@cityofpasdena.net http://www.cityofpasadena.net/public-works/engineering-and-construction/construction-and-demolition-debris-recycling/ http://www.cityofpasadena.net/public-works/engineering-and-construction/construction-and-demolition-debris-recycling/

11. PDES Requirements

In addition, the Contractor shall adhere to NPDES (National Pollution Discharge Elimination System) Best Management Practices to prevent deleterious materials or pollutants from entering the City or county storm drain systems, including, but not limited to implementing the Best Management Practices specified below, and the Contractor shall comply with all directions of the City in this regard during construction:

The following shall be implemented:

A. Handle, store, and dispose of materials properly.

B. Avoid excavation and grading activities during wet weather.

C. Construct diversion dikes and drainage swales around working sites.

D. Cover stockpiles and excavated soil with secured tarps or plastic sheeting.

E. Develop and implement erosion control plans (if applicable).

F. Check and repair leaking equipment away from construction sites.

G. Designate a location away from storm drains for refueling.

H. Cover and seal catch basins if work in their vicinity may allow debris or deleterious liquids to enter.

I. Use vacuum with all concrete sawing operations.

J. Never wash excess material from aggregate, concrete, or equipment onto a street.

K. Catch drips from paving equipment with drip pans or absorbent material.

L. Clean up all spills using dry methods.

12. Invoice Submission Portal

Invoice Submission Portal

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

How to submit invoices to the City of Pasadena?

Create an account: Visit the City’s Invoice Submission website: https://invoice.cityofpasadena.net/ and select “Create Account”

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

13. Pasadena Living Wage Ordinance https://invoice.cityofpasadena.net/PortalGuide.pdf

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

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

Failure to comply with the provisions of the Pasadena Living Wage Ordinance is grounds for termination of the contract and a basis for penalties as stated in Pasadena Municipal Code Chapter

4.11. Questions concerning the Pasadena Living Wage Ordinance should be directed to:

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

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

14. 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 City.

15. 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.

16. Taxes

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

17. Certificate of Insurance

Proof of insurance is not required to be submitted with your bid, but will be required prior to the City's award of the contract. Refer to the Insurance requirements in the "Insurance Requirements" section of this document.

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

The winning proposal may be required to submit a completed and signed IRS Form W-9. Failure to submit this form may result in the response being deemed non-responsive.

Link: https://www.irs.gov/pub/irs-pdf/fw9.pdf https://ww5.cityofpasadena.net/finance/doing-business-with-the-city/ https://www.irs.gov/pub/irs-pdf/fw9.pdf

19. Technical Questionnaire Form

This form is only required for the purchases of technology. The City of Pasadena Department of Information Technology (DoIT) is tasked with reviewing all IT solutions proposed for use by the City.

DoIT uses this questionnaire to assess various business, security, and/or operational impacts of vendor proposed technology solutions, SaaS offerings, software or hardware that will reside on the City’s servers and/or network, that will integrate to the City’s existing applications, servers and/or network, or that may have an impact on the City’s ability to conduct business. This questionnaire is also used to identify and distinguish at an early stage in the evaluation process the potential roles and responsibilities of the City and the proposer.

If selected, proposers are required to complete the Pasadena Department of Information Technology Technical Questionnaire. The questionnaire is included in the section named "Sumittal/Checlist." When completing the questionnaire, please note:

• Section 4.0 must be completed for externally hosted/SAAS applications; and

• Section 5.0 must be completed for City hosted/on-premises software

6. INSURANCE REQUIREMENTS

1. Insurance Requirements https://www.cityofpasadena.net/finance/wp-content/uploads/sites/27/Vendors-Materials-and- Supplies.pdf?v=1623280176766

7. PUBLIC CONTRACT CLAIMS PROCEDURE

PUBLIC CONTRACT CODE SEC. 9204 PUBLIC WORKS CLAIMS PROCEDURE

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

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

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

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

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

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

https://www.cityofpasadena.net/finance/wp-content/uploads/sites/27/Vendors-Materials-and-Supplies.pdf?v=1623280176766 https://www.cityofpasadena.net/finance/wp-content/uploads/sites/27/Vendors-Materials-and-Supplies.pdf?v=1623280176766

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

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

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

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

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

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

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

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

SECTION 1.

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

9204.

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

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

(c) For purposes of this section:

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

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

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

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

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

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

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

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

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

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

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

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

The Department of General Services as to all other projects.

The High-Speed Rail Authority.

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

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

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

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

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

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

(2) (A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute.

Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute.

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

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

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

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

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

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

(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.

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

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

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

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

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

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

SEC. 2.

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

SEC. 3.

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

8. SUBMITTAL INSTRUCTIONS

1. Training Resources for Vendors:

Videos:

https://help.procurement.opengov.com/en/articles/5815468-opengov-procurement-vendor-training

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

Screen Shots:

A. Subscribing for an agency's notifications - Using the Network Tab

B. Following a project

C. How to respond to a bid, submit a bid, or No bid?

D. Get Notifications

E. Managing Addenda

F. OpenGov Procurement Support

2. Electronic Submission and Delivery Instructions

Parties interested in responding are required to submit electronically through the City of Pasadena's eProcurement Portal prior to 4:00 pm, Tuesday, March 21, 2023. Please upload all required documents as instructed in the section named Submittals/Checklist sufficiently early electronically through the city's eProcurement Portal before the time and day listed in this solicitation. Responses must be received in the system prior to the deadline.

The Specification or Scope of Work included in this Notice shall be considered part of any contract made pursuant thereunder.

3. Withdraw of Proposal

Any Bidder or Proposer may withdraw their response via the City's eProcurement Portal prior to 4:00 pm on Tuesday, March 21, 2023.

4. City Changes to the Solicitation Documents

The City reserves the right to change any part of these Instructions 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 or Proposer. A Bidder's or Proposer's failure to address the requirements of the addenda may result in the response not being considered. If the City determines that a time extension is required for the bid, the addenda will give the new submission date.

Addenda shall be acknowledged via the City's eProcurement Portal for the project named "Aquatics Staff Uniforms." Project ID: 2023-Informal-155. Bidders or Proposers can view a list of addenda released by the City by clicking on "Addenda & Notices." While drafting a response, there is a section for "Addenda Confirmation" where Bidders or Proposers must acknowledge each addenda released.

5. Deadline for Questions

The deadline to submit questions related to this solicitation is Wednesday, March 15, 2023, prior to 4:00 pm.

https://help.procurement.opengov.com/en/articles/5815468-opengov-procurement-vendor-training https://help.procurement.opengov.com/en/articles/5815468-opengov-procurement-vendor-training https://help.procurement.opengov.com/en/articles/3955963-how-to-subscribe-to-organizations-and-find-active-rfps-bids https://help.procurement.opengov.com/en/articles/2478854-follow-a-project https://help.procurement.opengov.com/en/articles/2478772-how-to-respond-to-a-project https://help.procurement.opengov.com/en/articles/2921877-get-notifications https://help.procurement.opengov.com/en/articles/4413350-managing-addenda https://help.procurement.opengov.com/en/articles/5680392-using-support https://procurement.opengov.com/portal/pasadena https://procurement.opengov.com/portal/pasadena/projects/39231?section=undefined

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

6. Follow these simple steps to submit your proposal electronically:

If you are already registered and need help logging in or retrieving your user information utilize the blue chat bubble visible on the lower right hand corner of the screen.

Click on the hyperlink for the City's eProcurement Portal to create your vendor profile.

Electronic Submission of Bids

All Proposers are required to submit their bid pricing electronically via the city's eProcurement Portal.

The electronic system will close submission exactly at the date and time set forth in this solicitation or as changed by addenda. In addition, your bid must be submitted via the eProcurement Portal.

Proposers are responsible for submitting and having their bid accepted before the closing time set forth in this solicitation or as changed by addenda. NOTE: It is the Proposer's sole responsibility to ensure their bid and document(s) are uploaded, transmitted, and arrive in time electronically. The City will have no responsibility for bids that do not arrive in a timely manner, no matter what the reason.

Upon closing of the Bid, Bid Results will be available on the City's eProcurement Portal.

In the case of a discrepancy between the electronic bid schedule (pricing) and any uploaded Bid schedule document or pricing, the electronic bid schedule will be the accepted bid.

Steps to Submit Your Electronic Proposal:

To submit an offer to the City, vendor must begin by clicking on the green DRAFT PROPOSAL button.

1. Acknowledge all Addenda

2. Accept City of Pasadena Terms and Conditions Message

3. Answer all required vendor questions.

4. Upload all required forms. Proposer may save their work and return.

5. Review your work and submit proposal when ready.

6. You will receive a confirmation email from OpenGov upon receipt of your bid/proposal.

7. Proposer may withdraw their bid at any time prior to 4:00 pm on Tuesday, March 21, 2023.

Note: If an addenda is issued after a response has been submitted, Proposer or bidder must return to take steps below. Failure to do both steps will result in an invalidated offer.

1- Acknowledge the new addenda; and

2- Resubmit your bid through the City's eProcurement Portal.

7. Vendor Registration Instructions & Customer Service information:

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

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

Customer Service

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

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

9. SUBMITTALS/CHECKLIST

The following list is provided for the convenience…