Furnishing_and_Delivering_of_Ammonium_Hydroxide_for_Glenarm_Power_Plant.pdf

COMPETITIVE BID

FURNISH AND DELIVER

FURNISHING AND DELIVERING OF AMMONIUM

HYDROXIDE FOR GLENARM POWER PLANT

FOR THE

WATER & POWER DEPARTMENT, POWER SUPPLY

CITY OF PASADENA, CALIFORNIA

Competitive Bid - Furnishing and Delivering of Ammonium Hydroxide for Glenarm Power Plant Release Date: Thursday, July 20, 2023

Attachments:

A - PWPG-5-DW-AST-302-001-R2

B - 20001-P025-02 C - 20001-P006-02 D - GT-3,4 Ammonia Delivery Procedures GT3,4-01 E - GT-5 Ammonia Delivery Procedures GT5-05 I - REQUIRED_FORMS_-_AAs_-_SIG-LEGAL-STATUS_-_DECLARATION_OF_NONCOLUSION 11032022

1. NOTICE INVITING BIDS

For

Furnishing and Delivering of Ammonium Hydroxide for Glenarm Power Plant

Notice is hereby given that the City of Pasadena is calling for sealed bids for the Water & Power Department, Power Supply and will receive sealed bids prior to 2:00 pm, Monday, August 14, 2023 and will electronically unseal and make them available online (https://procurement.opengov.com/portal/pasadena) for this solicitation named "Furnishing and Delivering of Ammonium Hydroxide for Glenarm Power Plant" Project ID: 2023-IFB-MS-634.

1. Summary

The City of Pasadena, Water & Power Department (PWP) operates the Glenarm Power Plant, which consists of five natural gas-fired combustion turbines. Each unit is equipped with a Selective Catalytic Reduction (SCR) system for controlling nitrogen oxides (NOx) emissions with the use of Ammonium Hydroxide.

2. Delivery Instructions

Bids will be received via the City's eProcurement Portal (https://procurement.opengov.com/portal/pasadena). A bid received after the time set for the bid opening shall not be considered. Bidders are required to submit (upload) all items listed in the Bidder's Submittals/Checklist. Bids will be received prior to the time and date in this Notice Inviting Bids and will be opened online at that time.

Copies of the Specifications and all required forms may be obtained for this solicitation online:

https://procurement.opengov.com/portal/pasadena/projects/51601

Addenda shall be acknowledged via the City's eProcurement Portal (https://procurement.opengov.com/portal/pasadena). 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.

3. Pre-bid Conference

See the Timeline in the section named "Instructions to Bidders." If there is a Mandatory pre-bid meeting, bidders are required to attend at the time, date, and location included in the Timeline Instructions to Bidders of this solicitation. If there is a Non-Mandatory pre-bid meeting, bidders not required to attend.

Each prospective bidder will have the opportunity to clarify and ask questions regarding these Specifications. The Pre-bid Meeting will be held at the time, date, and location in the Timeline of this solicitation.

4. Deadline for Questions https://procurement.opengov.com/governments/portal/pasadena https://procurement.opengov.com/governments/portal/pasadena/projects/51601?section=434751 https://procurement.opengov.com/governments/portal/pasadena/projects/51601 https://procurement.opengov.com/governments/portal/pasadena https://procurement.opengov.com/governments/portal/pasadena/projects/51601?section=434746 https://procurement.opengov.com/governments/portal/pasadena/projects/51601?section=434746

The deadline to submit questions related to this solicitation is Monday, July 31, 2023, prior to 2:00 pm.

Questions regarding this solicitation should be submitted directly through the City's eProcurement Portal (https://procurement.opengov.com/portal/pasadena) Q&A function. Do not contact any other City employee or official regarding this solicitation. Any questions submitted after the date and time specified may not be considered.

5. Release Date

Release Dated: Thursday, July 20, 2023

MIGUEL MÁRQUEZ

City Manager https://procurement.opengov.com/governments/portal/pasadena

2. INSTRUCTIONS TO BIDDERS

1. Summary

Notice is hereby given that the City of Pasadena is calling for sealed bids for the Water & Power Department, Power Supply and will receive sealed bids prior to but not later than 2:00 pm, Monday, August 14, 2023 and will electronically unseal and make them available online (https://procurement.opengov.com/portal/pasadena) for this solicitation named "Furnishing and Delivering of Ammonium Hydroxide for Glenarm Power Plant" Project ID: 2023-IFB-MS-634.

Submittal Instructions

Bids will be received via the City's eProcurement Portal. A bid received after the time set for the bid opening shall not be considered. Bidders are required to submit (upload) all items listed in the #Bidder's Submittals/Checklist. Addenda shall be acknowledged via the City's eProcurement Portal. Bids will be received prior to 2:00 pm on Monday, August 14, 2023 and will be opened online at that time.

Copies of the Specifications and all required forms may be obtained for this solicitation online:

https://procurement.opengov.com/portal/pasadena/projects/51601

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.

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. All required attachments must be completed and uploaded electronically into City's eProcurement Portal prior to the set bid date and time in this Notice Inviting Bids.

• PROJECT TITLE: Furnishing and Delivering of Ammonium Hydroxide for Glenarm Power Plant

• DEPARTMENT: Water & Power Department, Power Supply

• RELEASE DATE: Thursday, July 20, 2023

• CONTACT: Marcin Sobczyk

The City of Pasadena, Water & Power Department (PWP) operates the Glenarm Power Plant, which consists of five natural gas-fired combustion turbines. Each unit is equipped with a Selective Catalytic Reduction (SCR) system for controlling nitrogen oxides (NOx) emissions with the use of Ammonium Hydroxide.

2. Background https://procurement.opengov.com/portal/pasadena https://procurement.opengov.com/portal/pasadena https://procurement.opengov.com/portal/pasadena/projects/51601?section=undefined https://procurement.opengov.com/portal/pasadena/projects/51601 https://procurement.opengov.com/portal/pasadena

Ammonium Hydroxide (aqueous ammonia) is a chemical product used in the air pollution control equipment at the Glenarm Power Plant to meet the air quality standards set by the South Coast Air Quality Management District (“SCAQMD”). Ammonium Hydroxide is mixed with exhaust gas and creates a chemical reaction that reduces the amount of air pollutant leaving the exhaust stack. It is essential to have a steady supply of ammonium hydroxide during the regular operation of power generating units in order to ensure compliance with SCAQMD air quality regulations.

3. Contact Information

Dealine for Questions

The deadline to submit questions related to this solicitation is Monday, July 31, 2023, prior to 2:00 pm.

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.

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

Marcin Sobczyk Power Plant Supervisor Email: msobczyk@cityofpasadena.net Phone: (626) 744-3826 Department:

Water & Power Department, Power Supply

4. Timeline

Vendors are strongly advised to complete and submit all required items sufficiently early before the date listed in this solicitation. Bids must be completed and submitted according to the instructions in this solicitation prior to 2:00 pm onMonday, August 14, 2023.

https://procurement.opengov.com/portal/pasadena mailto:msobczyk@cityofpasadena.net tel:(626)744-3826

Release Project Date July 20, 2023

Question Submission Deadline July 31, 2023, 2:00pm

Bid Submission Deadline August 14, 2023, 2:00pm

3. GENERAL INSTRUCTIONS

1. Pre-Bid Meeting

See the "Timeline" in the Introduction section (#Instructions to Bidders). If there is a Mandatory pre-proposal meeting, bidders/proposers are required to attend at the time, date, and location included in the Timeline. If there is a Non-Mandatory pre-proposal meeting, bidders/proposers are not required to attend.

Each bidder/proposer will have the opportunity to clarify and ask questions regarding the Specifications. The Pre-Proposal Meeting will be held at the time, date, and location in the Timeline of this solicitation.

2. 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 120 days after opening.

3. Funding Source

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

4. 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 City based upon ignorance of the nature and requirements of the project, misapprehension of site conditions, or misunderstanding of the specifications or contract provisions.

5. Acceptance of Conditions

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

A. All parts of the Instructions to Bidders and Specifications will become part of the Contract between the selected bidder and the City;

B. The City may require whatever evidence is deemed necessary relative to the bidder's financial stability and ability to complete this project;

C. The City reserves the right to request further information from the bidder, either in writing or orally, to establish any stated qualifications;

https://procurement.opengov.com/portal/pasadena/projects/51601?section=434746

D. The City 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 City as to whether or not the bidder is qualified to perform the project, shall be final, binding and conclusive;

E. The City reserves the right to reject all bids, waive any irregularity in any of the bids, or cancel or delay the project at any time;

F. This bidding process does not commit the City to award any contract, and the City is not liable for any costs incurred by the bidder in the preparation and submission of a bid.

6. Truth and Accuracy of Representation

False, incomplete or unresponsive statements in connection with the bid may be sufficient cause for rejection of a bidder.

7. City Changes to the Bid Documents

The City 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 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'seProcurement Portal.

8. Addenda

If any person contemplating submitting a proposal of the items or services listed herein is in doubt as to the true meaning of any part of this RFP, he/she may submit a question through the City's eProcurement Portal Q&A section for an interpretation or correction thereof.

Any interpretation or correction of City specifications will be made only by addendum, duly issued by the City representative(s) identified as the "Project Contact" (Marcin Sobczyk), above.

Addenda (if any) shall be made available to each Proposer. A proposer’s failure to address the requirements of any and all addenda may result in the proposal not being considered. If the City determines that a time extension is required for the proposal, the City will issue an addendum that will give the new submission date. The Proposer is responsible to register on the City's eProcurement Portal and follow the project, Furnishing and Delivering of Ammonium Hydroxide for Glenarm Power Plant, to insure they receive all RFP documents including addendums which are available as a download.

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

9. Notice Regarding Disclosure of Contents of Document

All bids accepted by the City at the time of bid opening shall become the exclusive property of the City. Upon opening, all bids accepted by the City shall become a matter of public record and shall be regarded as public, with the exception of those elements of each 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 City 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 City shall not in any way be liable or responsible for the disclosure of any such records or part thereof.

10. 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:

A. The quality of the material offered;

B. The ability, capacity and skill of the bidder to perform the contract or provide the material or services;

C. Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference;

D. 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;

E. The character, integrity, reputation, judgment, experience and efficiency of the bidder;

F. The quality and timeliness of the bidder's performance on previous orders or contracts for the City;

G. Litigation by the bidder on previous orders or contracts with the City;

H. The ability of the bidder to provide future maintenance and service where such maintenance and service is essential;

11. 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.

12. Patent Feed; 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.

13. Taxes

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

14. Local Bidders; Refund of Sales and Use Tax

For the purpose of determining the lowest bidder on a contract for materials and supplies only, 1.75% 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 City would receive a refund of the 1.75% sales and use tax pursuant to the Uniform Sales and Use Tax Ordinance of the City of Pasadena.

15. 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 City, for rejection of any bidder.

16. Public Contract Code Sec. 9204 New Public Works Claims Procedure

As detailed in the Section Titled #Public Works Claims Procedure 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.

17. Equivalents to Specifications

The material, equipment or service offered by the bidder will meet all requirements of the specifications in this Notice Inviting Bids. Questions requesting approval of equals must be submitted before the deadline for questions to the City contacts listed in the Bid Invitation.

Bidder must provide all information (no pricing) in order for the City to determine if the product offered is an equal to the manufacturer specified and/or meets the technical specifications. This includes details for each item to which a proposed equal will be taken, proposed make and model specifications, and any other information on the material specified herein regarding approved equals requested. Bidder must state brand name and/or manufacturer of each item proposed and include detailed specifications. All guarantees and/or warranties must also be stated. Parts and materials must be latest model or current date and meet specifications or be equal to the specifications.

During the question and answer period for this solicitation (Furnishing and Delivering of Ammonium Hydroxide for Glenarm Power Plant; 2023-IFB-MS-634), the City reserves the right to determine whether equivalents meet the bid specifications of the City, and are equal to the manufacturer specified or the stated technical specifications. The decision of the City regarding equality shall be final.

https://secure.procurenow.com/portal/pasadena/projects/51601?section=undefined

4. GENERAL SPECIFICATIONS

1. BID PROPOSAL QUANTITIES

The quantities contained in the bid documents are approximate only and are for the sole purpose of comparing bids. The City may, in accordance with the specifications, order more equipment and/or materials as necessary at the City'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 City and accepted at the unit prices noted in the bid.

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

3. PRICE ADJUSTMENTS

At the conclusion of the first contract year 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 City 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.

4. SAMPLE CONTRACT

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

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.

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.

7. DURATION OF CONTRACT

The initial term of the contract resulting from these Specifications shall be for five years from the date of execution by the City. The contract may be extended for two optional one-year extension periods subject to the approval of the City Manager.

8. WARRANTY

Contractor shall provide factory warranties on all materials furnished against defects in materials and/or workmanship. The factory warranty shall become effective on the date of delivery and acceptance by the City. Should any defect in materials or workmanship appear during the warranty period, the Contractor shall repair or replace the same at no cost to the City.

9. DEFECTIVE MATERIALS:

Any materials not conforming to requirements of this Specification shall be considered defective.

All such materials, whether in place or not, shall be immediately removed from the site of the work. Any defective materials installed shall be removed and replaced by the City and all costs of removal and replacement shall be deducted from any amounts due or to become due to the Contractor. No rejected materials, the defects of which have been subsequently corrected, shall be used.

10. RECEIVING AND INSPECTION:

Deficient parts will be rejected and the Contractor will be required to make the necessary adjustments or replacements. It shall be the Contractor’s responsibility to pick up any rejected parts, make the necessary corrections, and deliver materials at no additional cost to the City.

11. Equivalents to Specifications

The material, equipment or service offered by the bidder will meet all requirements of the specifications in this Notice Inviting Bids. Questions requesting approval of equals must be submitted before the deadline for questions to the City contacts listed in the Bid Invitation.

Bidder must provide all information (no pricing) with their bid in order for the City to determine if the product offered is an equal to the manufacturer specified and/or meets the technical specifications. This includes details for each item to which a proposed equal will be taken, proposed make and model specifications, and any other information on the material specified herein regarding approved equals requested. Bidder must state brand name and/or manufacturer of each item proposed and include detailed specifications. All guarantees and/or warranties must also be stated. Parts and materials must be latest model or current date and meet specifications or be equal to the specifications.

During the question and answer period, the City reserves the right to determine whether equivalents meet the bid specifications of the City, and are equal to the manufacturer specified or the stated technical specifications. The decision of the City regarding equality shall be final.

5. CITY REQUIREMENTS

There are of forms included in the section named Submittal/Checklist of these specifications which a bidder or proposer 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 or proposer 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 or proposer must submit a completed Form AA-1. Failure to submit this form will result in automatic disqualification with no exceptions unless bidder or proposer 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

This form is only applied for formal solicitations at $25,000 or more. The City requires that each bidder or proposer executes and submits to the City with the Bid/Proposal, the attached Declaration of Non Collusion in the #Bidder's Submittals/Checklist.

3. SAMPLE CONTRACT

A sample of the contract the successful bidder or proposer will be required to enter into with the City is attached hereto and by this reference incorporated herein and made part of these specifications.

https://procurement.opengov.com/governments/portal/pasadena/projects/51601?section=undefined

4. CHANGE ORDER MANAGEMENT

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

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 PROCEDURE 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 or proposer 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 or proposer 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/licenses/business-licenses/

8. Invoice Submission Portal

Invoice Submission Portal https://ww5.cityofpasadena.net/finance/doing-business-with-the-city/ https://ww5.cityofpasadena.net/finance/doing-business-with-the-city/ https://www.cityofpasadena.net/finance/licenses/business-licenses/

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.

9. Pasadena Living Wage Ordinance

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

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

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

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

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

10. Errors and Omissions

Bidders or Proposers shall not be allowed to take advantage of any errors or omissions in the Instructions to Bidders/General Instructions or Specifications/Scope of Work. Full instructions will be given if such error or omission is discovered and timely called to the attention of the City.

11. Patent Fees; Patent, Copyright, Trade Secret, and Trademark Fees

Each bidder or proposer shall include in the price bid any patent fees, royalties and charges on any patented article or process to be furnished or used in the prosecution of the Work.

12. Taxes https://invoice.cityofpasadena.net/PortalGuide.pdf https://ww5.cityofpasadena.net/finance/doing-business-with-the-city/

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

13. Certificate of Insurance

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

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

The winning proposal/bid 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

15. 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

16. LIMITATIONS ON LIABILITY

Bidders acknowledge that they shall provide the goods and/or services without monetary limitations on liability. If Bidders take exception to this requirement, Bidders shall expressly state any exceptions, including the proposed limits of liability, (a) in detail; (b) as a separate line item;

and (c) not part of any form documents submitted. Bidders acknowledge that any exceptions may result in a finding of non-responsivness.

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

6. BID SPECIFICATIONS

1. SCOPE OF SERVICES

These specifications cover the minimum requirements for furnishing and delivery of ammonium hydroxide (aqueous ammonia) having an ammonia concentration of 19% by weight to the ammonia unloading station in the Glenarm Power Plant, 88 E. State Street, Pasadena, California, on "as needed" basis for the duration of contract.

Ammonium Hydroxide to be furnished in accordance with these specifications will be used for controlling NOx emission in the Selective Catalytic Reduction (SCR) System installed at the Glenarm Power Plants for Units GT-1, GT-2, GT-3, GT-4, and GT-5 and Boiler Feedwater Ph control.

Order, Delivery and Receiving Tank Inspection

The frequency of ordering the ammonium hydroxide will vary. The best estimate for the required amount of ammonium hydroxide is approximately 18 contained tons per year. The City shall have the right to order more or less ammonia hydroxide as it sees fit.

Ammonium hydroxide shall be delivered to Glenarm Power Plant, 88 East Glenarm Ave., Pasadena, California within two days after receipt of order from the Department.

Contractor shall also perform annual inspection of the ammonium hydroxide receiving tanks and provide the City with a written report of results.

2. RECEIVING TANKS FOR AMMONIUM HYDROXIDE

Details of Ammonium Hydroxide Storage Tanks

There are two 12,000 gal aboveground tanks to store Ammonium Hydroxide. Tank AST-TNK-1010 serves Unit GT-5 and tank AST-TNK-1165 serves Units GT-1, 2, 3, & 4.

A combination pressure relief and vacuum breaker valve protect storage tanks from pressures in excess of the design working pressure and sub-atmospheric pressure. On the tank AST-TNK- 1010 the valve is set to relieve at 25 psig and the vacuum breaker will open at 0.125 psig. The tank AST-TNK-1165 has a separate relief valve and vacuum breaker. The relief valve is set to relieve at 50 psig and the vacuum breaker will open at a sub-atmospheric pressure of 0.5 psig.

The conditions of ammonium hydroxide in both storage tanks are monitored by liquid level float indicating transmitters, temperature indicators, and pressure indicators. Please refer to drawings PWPG-5-DW-AST-302-001 and 20001-P-025-02 for the Ammonia Storage Tanks drawings.

Access to Ammonium Hydroxide Storage Tanks and Ammonia Truck Unloading Station

The ammonium hydroxide storage tanks are located within the fenced and gated Broadway Steam Plant. Ammonia is delivered to the storage tank from the ammonia unloading station at the remote unloading station site at the Glenarm Power Plant. To access the ammonia unloading station, delivery tankers shall only use Gate Number 4 to enter and Gate Number 9 to exit.

Deliveries at the Glenarm Power Plant shall be made between the hours of 7:00 a.m. and 3:00 p.m. on Monday through Friday. No exceptions shall be made.

Ammonia Truck Unloading Station

The ammonia truck unloading station for the ammonium hydroxide storage tanks is located in the service drive of the Glenarm Power Plant. Both storage tanks are filled through a common fill and vapor equalizing line at the unloading station. The fill and vapor equalizing line are equipped with 3-way valves. Only one tank can be filled at a time. The fill line connection is a 2” quick connection style fitting. The vapor equalizing line a 2” quick connection style fitting. The vapor equalizing line is for equalizing the pressure between the headspace of the storage tank and the headspace of the delivery tanker. The liquid fill line is for transferring the ammonium hydroxide from the tanker to storage tank. Both vapor equalizing and liquid fill lines have shutoff valve immediately after the 2" quick disconnect. Please refer to the drawing 20001-P-006-02 for Ammonia Truck Unloading Area.

Delivery Truck Requirements

The delivery truck shall be equipped with

• Emergency air switch

• Emergency shut off valves

• Hand held remote transmitter that can be completely shutdown off loading at a distance up to 300 feet

• Driver PPE

• Vapor and liquid hoses

The Vendor shall submit the delivery procedures with the Bid.

Delivery shall be coordinated with the Power Plants ammonia delivery procedures in GT-3&4 and GT-5 Ammonia Delivery Procedures.

3. CODES AND REGULATIONS

The delivery, unloading, and cleanup of ammonium hydroxide spilled during unloading operation shall be done in compliance with all legal requirements including any applicable Federal, State, county and municipal laws, ordinances and regulations. The contractor shall comply with all applicable orders and requirements of the following codes and regulations:

• California Health and Safety Code

• Code of Federal Regulations

• Environmental Protection Agency

• Occupational Safety and Health Administration

• Superfund Amendments and Reauthorization Act of 1986

• U.S. Department of Transportation

In the event of conflicts between codes and regulations as well as those between either codes or regulations and these specifications, the more stringent code shall govern.

Permits, Registrations, Licenses and Certificates

The Contractor's drivers shall have a current and valid "Class A" commercial drivers licenses with Hazardous Materials Endorsements. Drivers shall be trained in accordance with 49 Code of Federal Regulations (49CFR) Parts 106-180 of the new revised standards effective October 1, 1993.

4. SITE-RELATED RESPONSIBILITIES OF CONTRACTOR

Safety Measures

The Contractor shall provide adequate safety measures and safeguarding devices to prevent accidents, injury, or loss of life to the public, workers, and any persons whose duties bring them to work. In addition, the Contractor shall comply with all orders and requirements of the agencies/acts specified in Section 4.3, Codes and Regulations, including the City of Pasadena's Fire Department.

Protection of Existing Equipment

The Contractor shall, at its own expense, preserve and protect from damage all existing City’s property at the Glenarm Power Plant, such as equipment, buildings, walls, gratings, manholes, landscaping and all other improvements of whatever nature. If any such City property is damaged or destroyed by the Contractor, or its employees, subcontractors, or agents, they shall promptly be reported and restored by the Contractor, at the Contractor's expense, to the condition existing before such damage or destruction. Storage Tank Levels

Liquid level in storage tanks shall not be allowed to exceed 85% during loading of ammonium hydroxide.

Emergency Response

Contractor shall have the capability to support emergency response. Contractor shall provide a 24-hour emergency telephone number. During the receiving and handling of ammonium hydroxide, the Contractor shall provide 1 hour emergency support in the event of an ammonium hydroxide spill at Glenarm Power Plants, and shall provide immediate support in the event of an ammonium hydroxide leak.

5. PRODUCT REQUIREMENTS

Ammonium hydroxide (aqueous ammonia) shall meet the following requirements for Technical Grade 21° Baumé product:

Chemical Formula

Ammonium Hydroxide NH4OH

Chemical Properties

Ammonia Content 19% Minimum NH3

Carbon Dioxide (CO2) – not more than 0.002% Chloride (CL) – not more than 0.5ppm (USEPA – 325 M) Phosphate (PO4) not more than 1ppm Sodium not more than 0.5ppm (SM 3120-B or EPA 200.7) Substances Reducing Permanganate – To pass test Total Sulfur (as SO4) – not more than 1.0ppm Iron (FE) - not more than 0.2ppm (SM 3120-B or EPA 200.7) Heavy Metals (as Pb) – not more than 0.5ppm Includes Lead, Mercury, and Copper Residue after ignition – not more than 0.002% Magnesium – not more than 0.059ppm (SM3120-B or EPA 200.7) Calcium – not more than 0.34ppm (SM3120-B or EPA 200.7) Potassium – not more than 0.5ppm (SM3120-B or EPA 200.7) Arsenic – not more than 0.05ppm (SM3120-B or EPA 200.7) Electrical Conductivity - < 210umho/cm (SM2510- B) Assay – not less than 28%, nor more than 30.0% NH3 Appearance – Colorless and free from suspended matter or sediment Total Dissolved Solids < 20 mg/l (EPA 160.1) Fixed Dissolved Solids < 20 mg/l (SM2540–C, E) Volatile Dissolved Solids <20mg/l

Physical Properties

Appearance Colorless and Transparent Specific Gravity 0.9278 – 0.9309 Nonvolatile Matter 0.05% Maximum Pounds per Gallon 7.757 lb/g on average

Water Content Maximum 81% (DI Water Quality)

Chlorides – not more than 0.1ppm (USEPA-325) Sulfates – not more than 0.1 ppm (USEPA-375.4) Nitrates – not more than 0.1 ppm (USEPA-352.2) Phosphates – not more than 0.3 ppm (USEPA-365) Calcium – less than 0.005ppm (USEPA-200.7) Magnesium - less than 0.005ppm (USEPA-200.7) Sodium - less than 0.005ppm (USEPA-200.7) Potassium - less than 0.005ppm (USEPA-200.7) Copper - less than 0.005ppm (USEPA-200.7) Aluminum - less than 0.005ppm (USEPA-200.7) Zinc – not more than 0.010 ppm (USEPA-200.7) Arsenic - less than 0.005ppm (USEPA-200.7) Siloxanes - less than 0.005ppm (USEPA-200.7) Lead - less than 0.005ppm (USEPA-200.7) Iron - less than 0.005ppm (USEPA-200.7)

CERTIFICATES OF ANALYSIS SHALL BE SUBMITTED WITH EACH DELIVERY.

7. BIDDER'S PROPOSAL

To the Honorable City Council of the City of Pasadena, California

In response to the Notice Inviting Bids for Furnishing and Delivering of Ammonium Hydroxide for Glenarm Power Plant 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. All required attachments in the #Bidder's Submittals/Checklist must be completed and uploaded electronically into City's eProcurement Portal. prior to the set bid date and time in the #Notice Inviting Bids.

AMMONIUM HYDROXIDE 19% FOR GLENARM POWER PLANT

Line Item Description Quantity Unit of Measure Unit Cost Total

1 19% Ammonium Hydroxide (estimated annual consumption) [*]

18 Contained Ton

2 Hazardous Material Fee

4 Each

3 Federal Excise tax 4 Each

4 Fuel Surcharge 4 Truckload

5 Delivery Charges (6000 gal truckloads)

4 Truckload

[*] Denotes item is taxable

Sales Tax (@ 10.25%)

TOTAL

https://procurement.opengov.com/portal/pasadena https://procurement.opengov.com/portal/pasadena/projects/51601?section=434751 https://procurement.opengov.com/portal/pasadena/projects/51601?section=undefined

8. INSURANCE REQUIREMENTS

1. Insurance Requirements https://www.cityofpasadena.net/finance/wp-content/uploads/sites/27/Environmental- Contractors-or-Consultants.pdf?v=1623280176766 https://www.cityofpasadena.net/finance/wp-content/uploads/sites/27/Environmental-Contractors-or-Consultants.pdf?v=1623280176766 https://www.cityofpasadena.net/finance/wp-content/uploads/sites/27/Environmental-Contractors-or-Consultants.pdf?v=1623280176766

9. PUBLIC CONTRACT CLAIMS PROCEDURE

PUBLIC CONTRACT CODE SEC. 9204 PUBLIC WORKS CLAIMS PROCEDURE

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SECTION 1.

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

9204.

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

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

(c) For purposes of this section:

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

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

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

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

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