On-Call_Guardrail_Repair_Services_-_FY_2023.pdf

Project Title - On-Call Guardrail Repair Services - FY 2023 Release Date: Thursday, June 15, 2023 Project ID: 2022-IFB-CIV-217

PROJECT SPECIFICATIONS

FOR

ON-CALL GUARDRAIL REPAIR SERVICES - FY 2023

IN THE CITY OF PASADENA, CALIFORNIA

DEPARTMENT OF PUBLIC WORKS

Associate Engineer Nzhde Matevosyan

(626) 744-7646

Project ID: 2022-IFB-CIV-217

1. COVER SHEET

PROJECT SPECIFICATIONS

FOR

On-Call Guardrail Repair Services - FY 2023

IN THE CITY OF PASADENA, CALIFORNIA

Project Manager:

Nzhde Matevosyan

(626) 744-7646

Date Approved:1/31/2023

Project ID: 2022-IFB-CIV-217

Bids will be received via the City's eProcurement Portal prior to 2:00 pm on Monday, July 10, 2023 and will be opened online at that time. 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 including acknowledgement of all addendums via the the City's eProcurement Portal.

https://procurement.opengov.com/portal/pasadena https://procurement.opengov.com/portal/pasadena/projects/32395?section=undefined https://procurement.opengov.com/portal/pasadena

Project ID: 2022-IFB-CIV-217

2. INTRODUCTION

1. Summary

The City of Pasadena desires to pre-qualify contractors to provide on-call services to assist with guardrail repair projects. These projects generally consist of repairs to damaged guardrail systems which include, but may not be limited to, repair or replacement of posts, blocks, metal rail element guardrail, and other accessory end assemblies or hardware. The Contractor is responsible for traffic control and the proper disposal of all materials removed from the work sites.

2. Contact Information

Project Contact:

Nzhde Matevosyan Associate Engineer Email: nmatevosyan@cityofpasadena.net Phone: (626) 744-7646 Procurement Contact:

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

Public Works Department, Engineering

3. Timeline mailto:nmatevosyan@cityofpasadena.net tel:(626)744-7646 mailto:awatson@cityofpasadena.net tel:(626)744-8382

Project ID: 2022-IFB-CIV-217

Release Project Date June 15, 2023

Pre-Bid Meeting (Non-Mandatory) June 22, 2023, 2:00pm Microsoft Teams Meeting (Virtual) - Non-mandatory pre-bid meeting https://teams.microsoft.com/dl/launcher/l auncher.html?url=%2F_%23%2Fl%2Fm eetup-join%2F19%3Ameeting_ZmUyM2IxMzIt ODRkNC00OWU3LWEwNDYtNDRmZj YxMmEzYmZk%40thread.v2%2F0%3Fc ontext%3D%257b%2522Tid%2522%25 3a%252282d9fc00-2c66-4402-a28f-c6bcdc32e491%2522%252c%2522Oid %2522%253a%2522dd88d55a-12d3- 4f3a-9be7-c78c4f61b5e5%2522%257d%26anon% 3Dtrue&type=meetup-join&deeplinkId=03fcd8a6-9701-4c28- 8b87-bb404f5f9b4b&directDl=true&msLaunch =true&enableMobilePage=true&suppres sPrompt=true

Question Submission Deadline June 23, 2023, 2:00pm

Proposal Submission Deadline July 10, 2023, 2:00pm https://teams.microsoft.com/dl/launcher/launcher.html?url=%2F_%23%2Fl%2Fmeetup-join%2F19%3Ameeting_ZmUyM2IxMzItODRkNC00OWU3LWEwNDYtNDRmZjYxMmEzYmZk%40thread.v2%2F0%3Fcontext%3D%257b%2522Tid%2522%253a%252282d9fc00-2c66-4402-a28f-c6bcdc32e491%2522%252c%2522Oid%2522%253a%2522dd88d55a-12d3-4f3a-9be7-c78c4f61b5e5%2522%257d%26anon%3Dtrue&type=meetup-join&deeplinkId=03fcd8a6-9701-4c28-8b87-bb404f5f9b4b&directDl=true&msLaunch=true&enableMobilePage=true&suppressPrompt=true https://teams.microsoft.com/dl/launcher/launcher.html?url=%2F_%23%2Fl%2Fmeetup-join%2F19%3Ameeting_ZmUyM2IxMzItODRkNC00OWU3LWEwNDYtNDRmZjYxMmEzYmZk%40thread.v2%2F0%3Fcontext%3D%257b%2522Tid%2522%253a%252282d9fc00-2c66-4402-a28f-c6bcdc32e491%2522%252c%2522Oid%2522%253a%2522dd88d55a-12d3-4f3a-9be7-c78c4f61b5e5%2522%257d%26anon%3Dtrue&type=meetup-join&deeplinkId=03fcd8a6-9701-4c28-8b87-bb404f5f9b4b&directDl=true&msLaunch=true&enableMobilePage=true&suppressPrompt=true 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https://teams.microsoft.com/dl/launcher/launcher.html?url=%2F_%23%2Fl%2Fmeetup-join%2F19%3Ameeting_ZmUyM2IxMzItODRkNC00OWU3LWEwNDYtNDRmZjYxMmEzYmZk%40thread.v2%2F0%3Fcontext%3D%257b%2522Tid%2522%253a%252282d9fc00-2c66-4402-a28f-c6bcdc32e491%2522%252c%2522Oid%2522%253a%2522dd88d55a-12d3-4f3a-9be7-c78c4f61b5e5%2522%257d%26anon%3Dtrue&type=meetup-join&deeplinkId=03fcd8a6-9701-4c28-8b87-bb404f5f9b4b&directDl=true&msLaunch=true&enableMobilePage=true&suppressPrompt=true https://teams.microsoft.com/dl/launcher/launcher.html?url=%2F_%23%2Fl%2Fmeetup-join%2F19%3Ameeting_ZmUyM2IxMzItODRkNC00OWU3LWEwNDYtNDRmZjYxMmEzYmZk%40thread.v2%2F0%3Fcontext%3D%257b%2522Tid%2522%253a%252282d9fc00-2c66-4402-a28f-c6bcdc32e491%2522%252c%2522Oid%2522%253a%2522dd88d55a-12d3-4f3a-9be7-c78c4f61b5e5%2522%257d%26anon%3Dtrue&type=meetup-join&deeplinkId=03fcd8a6-9701-4c28-8b87-bb404f5f9b4b&directDl=true&msLaunch=true&enableMobilePage=true&suppressPrompt=true 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Project ID: 2022-IFB-CIV-217

3. NOTICE INVITING BIDS

1. NOTICE INVITING BIDS

Project ID: 2022-IFB-CIV-217 for On-Call Guardrail Repair Services - FY 2023 In the City of Pasadena, California

Bids will be received electronically via the City's eProcurement Portal no later than 2:00 pm on Monday, July 10, 2023. A bid received after the time set for the bid opening shall not be considered. Bidders are required to submit their proposal/bid via the City's eProcurement Portal.

Plans and Specifications are available at:

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

Questions must be submitted via the City's eProcurement Portal. Any questions submitted after 2:00 pm on Friday, June 23, 2023 will not be answered. During the bidding period, the City may find it necessary to issue addendum(a) to bid Specifications after those bid Specifications have been released. Only those parties that have registered with the City as a follower of a particular project will receive the addendum(a) for that project. The City is not responsible for notifications to those parties who do not directly register as a plan holder on the City’s database. It is the responsibility of all perspective Bidders to register on the City’s eProcurement Portal to ensure receipt of any addendum(a) prior to bid submittals. The City reserves the right to reject as nonresponsive any bid that fails to include the information required by any addendum(a) posted on the City’s website. The Bidder is required to acknowledge all addenda received in Bidder’s Proposal.

A pre-bid meeting is scheduled for Thursday, June 22, 2023 at 2:00 pm through Microsoft Teams Meeting (Virtual) - Non-mandatory pre-bid meeting https://teams.microsoft.com/dl/launcher/launcher.html?url=%2F_%23%2Fl%2Fmeetup-join%2F19%3Ameeting_ZmUyM2IxMzItODRkNC00OWU3LWEwNDYtNDRmZjYxMmE zYmZk%40thread.v2%2F0%3Fcontext%3D%257b%2522Tid%2522%253a%252282d9 fc00-2c66-4402-a28f-c6bcdc32e491%2522%252c%2522Oid%2522%253a%2522dd88d55a-12d3-4f3a- 9be7-c78c4f61b5e5%2522%257d%26anon%3Dtrue&type=meetup-join&deeplinkId=03fcd8a6-9701-4c28-8b87-bb404f5f9b4b&directDl=true&msLaunch=true&enableMobilePage=true&suppressProm pt=true. This meeting is to answer any questions regarding the project Plans and Specifications.

In accordance with the provisions of California Public Contract Code, § 3300, each Bidder must hold an active Class A at the time of bid submission, except as to joint venture Bidders, who shall be licensed as provided in California Business and Professions Code, §§ 7029.1 and 7028.15(c).

Pursuant to the provisions of §§ 1770 to 1782 of the California Labor Code, the California Department of Industrial Relations has determined the general prevailing rate of wages in the county in which the work is to be done. A copy of the general prevailing rate of wages is on file with the City Engineer and is available for inspection and reference during regular business hours.

Project ID: 2022-IFB-CIV-217

A Contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of § 4104 of the California Public Contract Code, or engage in the performance of this public works project unless currently registered and qualified to perform public work pursuant to California Labor Code, § 1725.5. It is not a violation of California Labor Code, § 1771.1 for an unregistered Contractor to submit a bid that is authorized by § 7029.1 of the California Business and Professions Code or by §§ 10164 or 20103.5 of the California Public Contract Code, provided the Contractor is registered to perform public work pursuant to § 1725.5 at the time the contract is awarded.

The Contractor must post job site notices prescribed by regulation in accordance with California Labor Code, § 1771.4.

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

Contractors and subcontractors must furnish electronic certified payroll records directly to the California Labor Commissioner’s Office utilizing the Department of Industrial Relation’s electronic certified payroll reporting system.

Electronic Bid bond is required. Bidders must provide all required information for the City to verify the bond with their bid (PDF file). The bond must meet the following requirements and characteristics: Bid security in the amount of five-percent (5%) of the total bid price in the form of a redeemable or callable electronic surety bond, meeting City requirements, must accompany all bids.

Refer to the Specifications for complete details and bid requirements. The Specifications and this notice shall be considered a part of any contract made pursuant thereto.

MIGUEL MARQUEZ

City Manager

2. Addenda

ADDENDA MUST BE ACKNOWLEDGED VIA THE CITY'S EPROCUREMENT

PORTAL. FAILURE TO ACKNOWLEDGE RECEIPT OF ANY ADDENDA ISSUED

WILL RENDER THE CONTRACTOR’S BID AS NONRESPONSIVE.

3. Electronic Bid bond

Project ID: 2022-IFB-CIV-217

Electronic Bid bond is required. Bidders must provide all required information for the City to verify the bond with their bid (PDF file). The bond must meet the following requirements and characteristics: Bid security in the amount of five percent (5%) of the total bid price in the form of a redeemable or callable electronic surety bond, meeting City requirements, must accompany all bids. If the Bidder to whom the contract is awarded shall for fifteen (15) calendar days after such award fail or neglect to enter into the contract with the required insurance documentation, submit the Construction & Demolition Waste Management Plan, and file the required bonds, the City may deposit in its treasury said bid security and, under no circumstances, shall it be returned to the defaulting Bidder. Failure to return signed contract with all the attachments stated above may result in having the project awarded to the next lowest bidder.

Project ID: 2022-IFB-CIV-217

4. INSTRUCTIONS TO BIDDERS

1. GENERAL INSTRUCTIONS

Project ID: 2022-IFB-CIV-217

General Bid Requirements - To be considered, a Bidder must follow the format for bids in the Specifications. Any bid may be withdrawn before bid opening, but not for ninety (90) days after opening. Bids must be binding and firm.

Bids shall be received electronically only through theCity’s eProcurement Portal.

Hard copy bids will NOT be accepted. A bid received after the time set shall not be considered. Bidders are required to submit all items listed in the BIDDER’S CHECKLIST including acknowledgement of all addendums.

Bidder’s Guarantee - Electronic bid bond is required. Bidders must provide all required information for the City to verify the bond with their bid (PDF file). The bond must meet the following requirements and characteristics: Bid security in the amount of five-percent (5%) of the total bid price in the form of a redeemable or callable electronic surety bond, meeting City requirements, must accompany all bids. If the Bidder to whom the contract is awarded shall for fifteen (15) calendar days after such award fail or neglect to enter into the contract with the required insurance documentation, submit the Construction & Demolition Waste Management Plan, and file the required bonds, the City may deposit in its treasury said bid security and, under no circumstances, shall it be returned to the defaulting Bidder.

Registration and Qualifications of Contractors - Before submitting bids, Contractors must be licensed in accordance with California Business and Professions Code, § 7000 et seq. The successful Bidder shall possess a California State Contractor's License, Class A at the time a contract for this work is awarded, and each Contractor shall insert his license number on the Bidder's Proposal.

In submitting this bid, the Bidder warrants that it has work experience comparable to that which is to be performed. Prior to award of a contract, the City may request of any Bidder, a statement setting forth their work experience of a nature comparable with that which is to be performed. Such statement shall describe the work performed over the period of three (3) years preceding the date of said statement, and shall give the owner, location, and contract price, together with the dates of beginning and completion of such work. This statement of experience shall be submitted within seven

(7) calendar days after the City's notification to so submit. Failure to submit an adequate statement can result in rejection of the bid as nonresponsive.

Subcontracts - In addition to the information to be listed by the Bidder with the bid, and pursuant to Section 3-3, entitled Subcontractors, of the Standard Specifications for Public Works Construction (“GREENBOOK”), the Bidder shall provide for each subcontractor listed, a brief description of the work to be subcontracted (see form Subcontractor Listing in Attachments). After bids have been received, no substitution of subcontractors in place of those listed in the bid, or the addition of subcontractors for work in excess of one-half of one-percent (0.05%) of the total bid price, will be permitted without the written consent of the City Engineer. The sole grounds for said consent shall be the exceptions listed in Chapter 4 of the California Public Contract Code.

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Pursuant to California Labor Code, § 1021.5, the Contractor must not willingly and knowingly enter into any agreement with any person as an independent Contractor, to provide any services in connection with the work, where the services provided or to be provided requires that such person hold a valid contractor’s license issued pursuant to California Business and Professions Code, § 7000 et seq., and such person does not meet the burden of proof of his/her independent Contractor status pursuant to California Labor Code, § 2750.5. In the event that the Contractor shall employ any person in violation of the foregoing, the Contractor shall be subject to the civil penalties under California Labor Code, § 1021.5 and any other penalty provided by law. In addition to the penalties provided under California Labor Code, § 1021.5, the Contractor’s violation of this Paragraph or the provisions of California Labor Code, §

1021.5 shall be deemed an event of the Contractor’s default. The Contractor must require any subcontractor, of any tier, performing or providing any portion of the work to adhere to and comply with the foregoing provisions:

Pursuant to the provisions of California Labor Code, § 1777.1, the Labor Commissioner’s Office of the California Department of Industrial Relations (DIR) publishes and distributes a list of contractors who are ineligible to perform work as a subcontractor on a public works project. This list of debarred contractors is available from the DIR website at:

http://www.dir.ca.gov/dlse/debar.html

The Contractor must not employ, hire, use, or subcontract with any of the listed debarred contractors.

Bidder Must Make Thorough Investigation - It is the Bidder's responsibility to thoroughly examine; the location of the proposed work, the Plans and Specifications, and the Scope of Work to be performed to fully acquaint the Contractor with the project conditions. Bidders shall have no claim against the City based upon unawareness of the requirements of the project, misunderstanding of site conditions, or misinterpretation of the Plans, Specifications, or contract provisions.

Protection of Existing Facilities - Except where otherwise provided for, the repair or replacement of existing improvements that are damaged, injured, or removed as a result of the work shall be reflected in associated unit or lump sum prices noted in the Bidder's Proposal.

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;

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

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.

Obligation to Contract -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. Furthermore;

A. 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;

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

C. Any bid may be withdrawn before bid opening, but not for ninety (90) days after bid opening.

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 submission of the bid, the addenda will give the new bid opening date.

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The Bidder is responsible to register at:

https://procurement.opengov.com/portal/pasadenato ensure they receive all bid documents, including addenda, which are available as a download. The Bidder is required to acknowledge all addenda received in Bidder’s Proposal.

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 “GREENBOOK”, order more or less work or material as necessary, at the City's sole discretion. Payment will be made for the amount of work or material actually provided as determined by the City and accepted at the unit or lump sum price stated in the Bidder’s Proposal, where applicable, in accordance with the Specifications.

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 an error or omission is discovered, and timely called to the attention of the City. In submitting its bid, the Bidder certifies that it is aware of these provisions and is eligible to bid on this project.

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 responsive and responsible, 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 their 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 purchase orders or contracts for the City;

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

and

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

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Notice Regarding Disclosure of Contents of Document - All bids accepted by the City 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 are 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.

Ineligibility to Contract -Pursuant to Part 7 of the California Labor Code, entitled Public Works and Public Agencies, any Contractor that has been found by the California State Labor Commissioner’s Office of the DIR to be in violation of California Labor Code, §§ 1771.1 and 1777.5, shall be ineligible to bid on, or be awarded, a contract for this project. The period of debarment shall be not less than one year and up to three (3) years as determined pursuant to California Labor Code, § 1777.1. In submitting its bid, the Bidder certifies that it is aware of these provisions and is eligible to bid on this contract.

The successful Bidder shall also be prohibited from performing work on this project with a subcontractor who is ineligible to perform work on a public works project pursuant to California Labor Code, §§ 1771.1 or 1777.1. In submitting its bid, the Bidder certifies that it has investigated the eligibility of each and every subcontractor it intends to use on this project and has determined that no subcontractor listed is ineligible to perform work pursuant to the above provisions of law.

Patent Fees, Patent, Copyright, Trade Secret, and Trademark Fees -Each Bidder shall include in the bid price any patent fees, royalties, and charges on any patented article, or process to be furnished or used in the prosecution of the work.

Taxes -Bid prices shall include all federal, state, local, and other taxes.

Bid Protest Procedures -Per California Public Contract Code, § 10306, prior to award, any Bidder who has submitted a bid may file a protest with the Department of Public Works against the awarding of the contract on the grounds that he or she is the lowest responsible Bidder meeting the Specifications. When a contract is not to be awarded to the lowest Bidder, the Bidder must be notified at least twenty-four (24) hours prior to awarding the contract. The right to protest a proposed award is afforded to any Bidder or proposer who claims it should have been awarded the agreement because it was the lowest responsible and responsive Bidder, or the highest-scored proposer meeting the Specifications.

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Please refer to the Protest Procedures section of:

https://ww5.cityofpasadena.net/finance/doing-business-with-the-city/for detailed instructions on how to file a protest.

2. 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 any portion of the bid that is subject to Pasadena local 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 Chapter 4.40 of the Pasadena Municipal Code (PMC), Sales and Use Tax.

3. Construction and Demolition Waste Management Plan

In addition to complying with all applicable federal, state, and local laws and regulations, the Contractor shall take note of the specific requirements of Chapter 8.62 of the PMC, Waste Management Plan for Certain Construction and Demolition Projects. The Contractor shall comply with all provisions of the Chapter, as a material part of the work under this contract in order to divert a minimum of seventy-five percent (75%) of the construction and demolition debris resulting from the work.

The City utilizes the Green Halo System for tracking the construction and demolition waste management process. Upon requesting a construction or demolition permit, the Contractor will be directed to the Green Halo website to continue the Waste Management Application process. Once your permit application is submitted, you will receive separate email notifications directly from Green Halo to activate your account.

A case will be created to monitor the construction and demolition recycling activities of your project.

The Contractor shall not commence work until the Green Halo application is complete and payment has been made for the Performance Security Deposit equal to three-percent (3%) of the project value, not to exceed thirty-thousand dollars ($30,000).

The cost to comply with the City’s Construction and Demolition Waste Management Plan 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 of the provisions of Chapter 8.62 of the PMC may result in forfeiture of the Performance Security Deposit.

4. Pasadena Living Wage Ordinance https://ww5.cityofpasadena.net/finance/doing-business-with-the-city/

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This project is subject to the City's Pasadena Living Wage Ordinance, Chapter 4.11 of the PMC. The ordinance requires that Contractors providing labor or services to the City under contracts in excess of twenty-five thousand dollars ($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 provide evidence of compliance to the Pasadena 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 Chapter

4.11 of the PMC. 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 rates.

5. SPECIAL CITY REQUIREMENTS

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

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*NOTICE

THESE SPECIFICATIONS CONTAIN FORMS WHICH A BIDDER MUST COMPLETE

TO ESTABLISH COMPLIANCE WITH A NUMBER OF SPECIAL CITY OF

PASADENA REQUIREMENTS, INCLUDING, BUT NOT LIMITED TO, EQUAL

EMPLOYMENT OPPORTUNITY AND AFFIDAVIT OF NONCOLLUSION. THESE

FORMS AND THEIR INSTRUCTIONS SHOULD BE CONSIDERED AN INTEGRAL

PART OF THE SPECIFICATIONS AND FAILURE TO COMPLETE THEM MAY BE

GROUNDS, AT THE SOLE DISCRETION OF THE CITY, FOR REJECTION OF ANY

BIDDER. A CHECKLIST IS PROVIDED IN THE PROPOSAL PACKAGE

INDICATING THE TIMEFRAMES IN WHICH EACH DOCUMENT MUST BE

SUBMITTED.

Required Forms - No contract shall be awarded until the Bidder has submitted a Declaration of Noncollusion acceptable to the City. Each Bidder must execute a Declaration of Noncollusion and submit it to the City with their bid.

Each Bidder must also submit a completed form AA-1 and AA-2. Forms AA-1 and AA-2 are required to be submitted prior to contract award for projects involving labor or services in excess of twenty-five thousand dollars ($25,000). Form AA-3 is optional.

Questions regarding the City’s Competitive Bidding and Purchasing provisions, Chapter 4.08 of the PMC, and Equal Employment Opportunity policy should be directed to the Department of Finance, Purchasing Division at 626-744-6755.

Equal Employment Opportunity in Contracting

A. Policy- The City is committed to a policy of Equal Employment Opportunity contracting. Qualified firms including small businesses and businesses owned by women, minorities, and disabled persons are encouraged to submit bids or proposals. The Contractor expressly agrees to comply with the City’s ordinances and regulations regarding Equal Employment Opportunity as well as regulations that may be mandated by the source of the funds supporting this contract.

B. Compliance- To the extent required by law, the Contractor expressly agrees to establish compliance with the Equal Opportunity and Local Contracting Policy of Section 4.08.015 of the PMC, and the rules and regulations adopted pursuant to said ordinance.

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The successful Bidder may be required to submit documentation during the term of the contract as evidence of on-going compliance with the City’s Competitive Bidding and Purchasing requirements. Such documentation may include, but is not limited to, certified payroll records and Current Permanent Workforce Utilization reports.

Construction During the Period of November 15th through January 3rd -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.

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 Chapter 8.70 of the PMC, Stormwater Management and Discharge Control. The Contractor shall comply with all provisions of the chapter, as a material part of the work under this contract.

NPDES Requirements - The Contractor shall adhere to the National Pollution Discharge Elimination System’s Best Management Practices (BMPs) to prevent deleterious materials or pollutants from entering the City or Los Angeles County storm drain systems, including, but not limited to implementing the BMPs 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 all 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 materials to enter.

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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.

6. GENERAL SPECIFICATIONS

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1 Standard Specifications - In connection with contracts related to the subject Bidder's Proposal, and except as otherwise be provided herein, administration of the construction contract and all construction work referenced on the Plans and by these Specifications shall be done in accordance with the provisions of the current edition of the Standard Specifications for Public Works Construction (commonly known as the “GREENBOOK”), including Supplements, prepared and promulgated by Public Works Standards, Inc., a mutual benefit corporation.

The Department of Public Works has published a booklet titled, Supplements and Modifications to the “GREENBOOK”, dated March 2020, hereinafter referred to as the Pasadena Supplements. The provisions of these Specifications and the Pasadena Supplements shall apply and take precedence over the “GREENBOOK”, in that order of precedence. All references in these Specifications to the Standard Specifications shall mean the “GREENBOOK” and the Pasadena Supplements, taken together.

2 Non-Discrimination - In the performance of this contract, the Contractor must not discriminate against any employee, subcontractor, or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation of any person, to refuse to hire or employ the person or to refuse to select the person for a training program leading to employment, or to bar or to discharge the person from employment or from a training program leading to employment, or to discriminate against the person in compensation or in terms, conditions, or privileges of employment. Violations may also result in the imposition of penalties referred to in California Labor Code, § 1735.

3 Sample Contract - A sample of the contract the successful Bidder will be required to enter into with the City is provided under the Attachments section and by this reference is incorporated herein and made a part of these Specifications.

4 Contract Bonds - The successful Bidder will be required, within fifteen (15) days after the date of the award, to sign a contract for doing the work and file bonds as specified by Section 1-7.2, entitled Contract Bonds, of the “GREENBOOK”. The Material and Labor Bond and the Faithful Performance Bond shall be for one-hundred fifteen percent (115%) of the contract amount consisting of the base bid stated in the Bidder’s Proposal.

5 Insurance Requirements - See Section Named "Insurance Requirements."

6 Workers’ Compensation Certification - California Labor Code, §§ 1860 and 3700 provide that every Contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code, § 1861, the Contractor, in submitting a bid, hereby certifies as follows:

“I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers’ compensation or to

Project ID: 2022-IFB-CIV-217 undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract”.

7 Guarantee of Materials - If any of the electrical or mechanical materials or equipment, furnished by the Contractor, shall prove to be defective within one year after the date of project completion and acceptance of all the work, the Contractor shall, upon receipt of the City's written notice, replace or repair defective materials or equipment to the City's satisfaction, without cost to the City. Manufacturer's warranties shall not relieve the Contractor of his liability under the guarantee; such warranty shall only supplement the guarantee.

8 Partial Payment - Section 7-3.2, Partial and Final Payment of the Pasadena Supplements is hereby amended to provide that payment shall be due the Contractor within thirty (30) calendar days after receipt of an itemized statement for work performed during the progress payment period.

9 Security Deposits in Lieu of Retention - Pursuant to California Public Contract Code, § 22300, the Contractor may substitute securities for any monies withheld to ensure performance under the contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a State or Federally chartered bank in California as the escrow agent, who shall then pay such monies to the Contractor. Upon satisfactory completion of the contract, the securities shall be returned to the Contractor.

Alternatively, the Contractor may request, and the City shall make payment of retentions earned directly to the escrow agent at the expense of the Contractor. At the expense of the Contractor, the Contractor may direct the investment of the payments into securities and the Contractor shall receive the interest earned on the investments upon the same terms provided for in this section for securities deposited by the Contractor. Upon satisfactory completion of the contract, the Contractor shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from the City. The Contractor shall pay to each subcontractor, not later than twenty (20) days after receipt of the payment, the respective amount of interest earned, net of costs attributed to retention withheld from each subcontractor, on the amount of retention withheld to ensure the performance of the Contractor.

Securities eligible for investment under this section shall include those listed in the California Government Code, § 16430, bank or savings and loan certificates of deposit, interest bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by the Contractor and the City. The Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon.

The escrow agreement to be used shall be null, void, and unenforceable unless it is substantially similar to the form specified by California Public Contract Code, §

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22300(f).

10 Termination of Contract - Section 6-8, entitled Termination of the Contract for Convenience, of the “GREENBOOK” is modified to read:

“The City may terminate this contract in whole or in part at any time, for any cause or without cause, upon fifteen (15) calendar days written notice to the Contractor. If the contract is thus terminated by the City for reasons other than the Contractor’s failure to perform its obligations, the City shall pay the Contractor a prorated amount based on the services satisfactorily completed and accepted prior to the effective date of termination. Such payment shall be the Contractor’s exclusive remedy for termination without cause”.

11 Special Conditions - Prevailing Wages and Employment of Apprentices - The Contractor shall adhere to the provisions of California Labor Code, §§ 1770 - 1782, and Section 5-3, entitled Labor, of the “GREENBOOK”. The Contractor certifies by submission of a bid that they have not been found by the Office of the Labor Commissioner of the DIR to be in violation of Prevailing Wage laws as outlined in California Labor Code, § 1771.

The Contractor shall comply with and adhere to the Special Conditions - Payment of Prevailing Wages and Employment of Apprentices attached to Part 1 of these project Specifications. Attention is directed to Section 1 of the attachment which states, in part, that if there is a difference between the Pasadena Living Wage and Prevailing Wage rates for similar classifications of labor, the Contractor and his subcontractors shall pay not less than the highest wage rate.

7. GENERAL SPECIFICATIONS

12 Public Works Claims Procedure - Pursuant to § 9204 of the California Public Contract Code, the following shall apply:

SEC 1. Section 9204 is added to the California Public Contract Code, to read:

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 § 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with § 19100) of Part 2, and Article 1.5 (commencing with § 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:

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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 § 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.

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.

3. “Public entity” shall not include the following:

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

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

c. The Department of Parks and Recreation as to any…