COMPETITIVE BID

FURNISH AND DELIVER

ON-CALL LIGHT & MEDIUM DUTY VEHICLE TOWING,

RECOVERY, AND DRIVE AWAY SERVICES

FOR THE

PUBLIC WORKS DEPARTMENT, BSFMD

CITY OF PASADENA, CALIFORNIA

Competitive Bid - On-Call Light & Medium Duty Vehicle Towing, Recovery, and Drive Away Services Release Date: Tuesday, April 8, 2025

Attachments:

A - Master Labor and Materials Contract - 12-29-21 B - REQUIRED FORMS - AAs - SIG-LEGAL-STATUS - DECLARATION OF NONCOLUSION 08022024 v2

C - RELEVANT EXPERIENCE FORM

1. Notice Inviting Bids

For

On-Call Light & Medium Duty Vehicle Towing, Recovery, and Drive Away Services

Notice is hereby given that the City of Pasadena is calling for sealed bids for the PUBLIC WORKS DEPARTMENT, BSFMD and will receive sealed bids prior to 2:00 pm, Tuesday, April 29, 2025 and will electronically unseal and make them available online (https://procurement.opengov.com/portal/pasadena/projects/144183) for this solicitation named "On-Call Light & Medium Duty Vehicle Towing, Recovery, and Drive Away Services" Project ID: 2025-IFB-LM-0035.

1. Summary

The City of Pasadena's Department of Public Works, Building Systems and Fleet Management Division (BSFMD) is seeking a qualified vendor to provide on-call vehicle towing and recovery, with associated services, to City-owned vehicles on an as-needed basis.

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 Submittals/Checklist. Bids will be received prior to 2:00 pm on Tuesday, April 29, 2025 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/144183

Addenda shall be acknowledged via the City's eProcurement Portal. 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. Required Licenses (Eligibility Requirement) https://procurement.opengov.com/portal/pasadena/projects/144183 https://procurement.opengov.com/portal/pasadena https://procurement.opengov.com/portal/pasadena https://procurement.opengov.com/portal/pasadena/projects/144183/document?section=1304148 https://procurement.opengov.com/portal/pasadena/projects/144183 https://procurement.opengov.com/portal/pasadena/projects/144183/document?section=1304146

Bidders must possess and provide the following license(s) or certification(s) to be deemed qualified to perform the work specified:

Class A Tow Truck – A valid class C license, or valid class A (1) license. Class B Tow Truck - A valid class A (1) license. Class C Tow Truck – CTTA (California Tow Truck Association) certified within last five years, and a valid class A (1) license.

5. Deadline for Questions

The deadline to submit questions related to this solicitation is Tuesday, April 15, 2025, 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 other City employee or official regarding this solicitation. Any questions submitted after the date and time specified may not be considered.

6. Release Date

Release Dated: Tuesday, April 8, 2025

MIGUEL MÁRQUEZ

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

2. Instructions to Bidders

1. Summary

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 Tuesday, April 29, 2025 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/144183

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.

• DEPARTMENT: PUBLIC WORKS DEPARTMENT, BSFMD

• RELEASE DATE: Tuesday, April 8, 2025

• CONTACT: Dan Adema

The City of Pasadena's Department of Public Works, Building Systems and Fleet Management Division (BSFMD) is seeking a qualified vendor to provide on-call vehicle towing and recovery, with associated services, to City-owned vehicles on an as-needed basis.

2. Contact Information

Project Contact:

Dan Adema Fleet superintendent Email: dadema@cityofpasadena.net Phone: (626) 744-4327 Procurement Contact:

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

PUBLIC WORKS DEPARTMENT, BSFMD

https://procurement.opengov.com/portal/pasadena https://procurement.opengov.com/portal/pasadena/projects/144183/document?section=1304148 https://procurement.opengov.com/portal/pasadena/projects/144183 https://procurement.opengov.com/portal/pasadena https://procurement.opengov.com/portal/pasadena mailto:dadema@cityofpasadena.net tel:(626)744-4327 mailto:awatson@cityofpasadena.net tel:(626)744-8382

3. 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 onTuesday, April 29, 2025.

Release Project Date April 8, 2025

Question Submission Deadline April 15, 2025, 2:00pm

Bid Submission Deadline April 29, 2025, 2:00pm

3. City Requirements

There are 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 or proposer.

1. Pasadena Operating Companies

If this solicitation is issued by an Operating Company of the City of Pasadena including the Pasadena Center Operating Company; or Rose Bowl Operating Company; or Pasadena Community Access Corporation: In this solicitation, any reference to the City, shall actually refer to the PCOC, PRHB, or RBOC, or PCAC, e.g. "City" shall refer to the Operating Company, "City Council" to its Board of Directors, and "City Manager" to its Chief Executive Officer.

2. 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.

3. Declaration of Non-Collusion by Contractor

This form is only applied for formal solicitations $75,000 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.

4. SAMPLE CONTRACT

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

5. 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.

6. 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.

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 (Pasadena Municipal Code Section 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://procurement.opengov.com/governments/portal/pasadena/projects/144183/document?section=undefined 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. Acceptance of Conditions

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

• All parts of the Instructions to bidder or proposer and Specifications will become part of the Contract between the selected bidder or proposer and the City;

• The City may require whatever evidence is deemed necessary relative to the bidder or proposer financial stability and ability to complete this project;

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

• The City reserves the right to solely judge the bidder or proposer representations, and to solely determine whether the bidder or proposer is qualified to undertake the project pursuant to the criteria set forth herein. The bidder or proposer, by submitting a bid, expressly acknowledges and agrees that the judgment of the City as to whether or not the bidder or proposer is qualified to perform the project, shall be final, binding and conclusive;

• 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;

• 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 or proposer in the preparation and submission of a bid.

10. Pasadena Living Wage Ordinance

If this purchase includes a service, and the contract total is at $25,000 or more, it is then 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.

https://invoice.cityofpasadena.net/PortalGuide.pdf

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.

11. PAYMENT OF A CITY-WIDE MINIMUM WAGE

If a vendor is providing labor for any subsequent contract resulting from this solicitation, they must comply with the City of Pasadena Minimum Wage as set forth in Chapter 5.02 of the Pasadena Municipal Code. Vendors are encouraged to review the City’s minimum wage information guide at (https://bit.ly/3o3SHMh). The minimum wage ordinance may be found at Pasadena Municipal Code.

12. 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.

13. 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.

14. Taxes

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

15. 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.

16. REQUEST FOR TAXPAYER IDENTIFICATION NUMBER AND CERTIFICATION (IRS Form W-9) https://ww5.cityofpasadena.net/finance/doing-business-with-the-city/ https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fbit.ly%2F3o3SHMh&data=05%7C02%7Cawatson%40cityofpasadena.net%7Cbb892f95fde0404d371508dc9bbbf790%7C82d9fc002c664402a28fc6bcdc32e491%7C1%7C0%7C638556478819490734%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=zhx6795nsAtQnJvmzYHL5q2Lzw%2FdOCl95da3qPj4Duw%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Flibrary.municode.com%2Fca%2Fpasadena%2Fcodes%2Fcode_of_ordinances%3FnodeId%3DTIT5BULIRE_ARTIGE_CH5.02PACIDEMIWA&data=05%7C02%7Cawatson%40cityofpasadena.net%7Cbb892f95fde0404d371508dc9bbbf790%7C82d9fc002c664402a28fc6bcdc32e491%7C1%7C0%7C638556478819500215%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=AX1DEPBi2FxNNRsdiRGGB1whWvtl2jG%2FQ7SO5QsB%2Fac%3D&reserved=0

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

17. 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.

18. Recycled Product Procurement Mandates Pertaining to Local Governments [Public Contract Code Sections 22150 - 22154]

This section is only applied when buying paper products.

Beginning January 1, 2022, SB 1383 requires jurisdictions (cities, counties, cities and counties, or special districts that provide solid waste collection services) to purchase recycled-content paper products that are recyclable.

SB 1383 builds upon existing laws that require jurisdictions to purchase products that contain minimum recycled content, and adds additional requirements on product recyclability and recordkeeping.

All vendors providing Paper Products and Printing and Writing Paper shall:

• Provide products that contain no less than 30% minimum recycled content and recyclability (described in further detail in State of California, Public Contract Code Sections 22150-22154, under the sections “Recycled-Content Requirements” and “Recyclability Requirements”.

• Provide a written certification and other verification from product vendors, as applicable, certifying that the products meet the recycled-content and recyclability requirements.

19. Compliance with the Levine Act (Government Code Section 84308)

The Levine Act precludes an officer of a local government agency, including an elected official, from participating in the award of a contract if he or she receives any political contributions totaling more than $500 in the 12 months preceding the pendency of the contract award, and for 12 months following the final decision, from the person or company awarded the contract.

Proposers should ensure their employees, agents, and consultants are aware of the requirements of the Levine Act before the proposal is submitted, so as to avoid inadvertent violations.

20. AVAILABILITY OF FUNDS

https://www.irs.gov/pub/irs-pdf/fw9.pdf https://www.irs.gov/pub/irs-pdf/fw9.pdf https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fleginfo.legislature.ca.gov%2Ffaces%2Fcodes_displayText.xhtml%3FlawCode%3DPCC%26division%3D2.%26title%3D%26part%3D3.%26chapter%3D3.5.%26article%3D&data=05%7C01%7Cawatson%40cityofpasadena.net%7C307f17457fcb49d363c108dbba309d38%7C82d9fc002c664402a28fc6bcdc32e491%7C1%7C0%7C638308490511442074%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=kSzPLWUdh6HYJTjfSaMqzITXO6TDf1tcUTo%2BcAV5SJw%3D&reserved=0

The provisions of this Contract relating to payment for products or services shall become effective when funds assigned for the purpose of compensating the Contractor as herein provided are actually available to for disbursement. The City shall be the sole judge and authority in determining the availability of funds under this Contract. If any action is taken by the City, any state agency, Federal department or any other agency to suspend, decrease, or terminate its fiscal obligations under, or in connection with, this Contract, the City may amend, suspend, decrease, or terminate its obligations under, or in connection with, this Contract. In the event of termination, The City shall be liable for payment only for products provided or services rendered prior to the effective date of the termination, provided that such products or services were provided or performed in accordance with the provisions of this Contract.

21. Addenda

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

Any interpretation or correction of City specifications will be made only by addendum, duly issued by the City representative(s) identified in this solicitation, above. Addenda (if any) shall be made available on the City's eProcurement system, and sent to each vendor included on the "Followers" list in the City's eProcurement system. A vendor's failure to address the requirements of any and all addenda may result in the response (proposal or bid, or alike) 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 vendor is responsible to register on the City's eProcurement Portal and follow the project named On-Call Light & Medium Duty Vehicle Towing, Recovery, and Drive Away Services in order to be included in the "Followers" list in the City's eProcurement system to insure they receive all 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.

4. General Instructions

1. Pre Submittal 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. Vendor Must Make Thorough Investigation

It is the bidders/proposers responsibility to examine the location of the proposed work, to fully acquaint themselves with the Specifications or Scope and the nature of the work to be done. The vendor 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.

3. Acceptance of Conditions

By submitting a response, each vendor expressly agrees to and accepts the following conditions:

1. All parts of the Instructions to bidders/proposers and the Specifications or Scope will become part of the Contract between the selected vendor and the City;

2. The City may require whatever evidence is deemed necessary relative to the bidders/proposers financial stability and ability to complete this project;

3. The City reserves the right to request further information from the bidders/proposers, either in writing or orally, to establish any stated qualifications;

4. The City reserves the right to solely judge the bidder's/proposer's representations, and to solely determine whether the bidder is qualified to undertake the project pursuant to the criteria set forth herein. The bidder/proposer, by submitting a bid, expressly acknowledges and agrees that the judgment of the City as to whether or not the bidder/proposer is qualified to perform the project, shall be final, binding and conclusive;

5. 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;

6. 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/proposer in the preparation and submission of a bid.

4. Truth and Accuracy of Representation https://procurement.opengov.com/portal/pasadena/projects/144183/document?section=undefined

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

5. City Changes to the Solicitation Documents

The City reserves the right to change any part of these Instructions to Vendors and Specifications any time prior to the submittal deadline. Any changes shall be in the form of addenda and will become a part of the solicitation documents and of the contract. Addenda shall be made available to each vendor. A bidder's/proposer'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 solicitation, the addenda will give the new submission date.

Addenda shall be acknowledged via the City's eProcurement Portal.

6. Addenda

If any vendor contemplating submitting a bid or 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" (Dan Adema), above.

Addenda (if any) shall be made available to each Proposer. A bidder's/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 bidder/proposer is responsible to register on the City's eProcurement Portal and follow the project, On-Call Light & Medium Duty Vehicle Towing, Recovery, and Drive Away Services, 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 bidders/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.

7. Notice Regarding Disclosure of Contents of Document

All responses 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.

8. 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.

9. 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.

10. Taxes

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

11. 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.

12. 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.

13. 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.

14. Equivalents to Specifications https://secure.procurenow.com/portal/pasadena/projects/144183/document?section=undefined

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 (On-Call Light & Medium Duty Vehicle Towing, Recovery, and Drive Away Services; 2025-IFB-LM-0035), 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.

15. 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 SOLICITATION 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.

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

5. 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. 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:

• The quality of the material offered;

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

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

• 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;

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

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

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

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

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. INSURANCE

Proof of insurance is not required to be submitted with your bid, but will be required prior to the City's award of the contract. A copy of the City standard is included in the attachments.

8. 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. No optional extension periods will be included with this contract.

9. System for Award Management (SAM.Gov)

Prior to contract award, the lowest responsive and responsible bidder must provide an active registration with "Sam.Gov." Vendors seeking to register can register for free at the following link: https://sam.gov/content/entity-registration

10. RELEVANT EXPERIENCE

Provide experience with governmental agencies for two projects/contracts of similar scope and size. Complete and submit the attached Relevant Experience Form with your bid to demonstrate experience with projects of similar scope and size to that which is to be performed.

11. PROTECTION OF WORK, MATERIALS AND EQUIPMENT

https://sam.gov/content/entity-registration

The Contractor shall bear all risk of loss or damage to the work until its final completion and acceptance by the City. In this connection, the Contractor shall be responsible for proper storage and handling of all materials, including those materials furnished by the City, and for the care of all work until such final completion and acceptance. The Contractor shall, at its own expense, promptly replace material damaged or lost during this period, and shall repair any portion of the work damaged during this period. If the Contractor neglects or refuses to do so, the City may do so at the Contractor’s expense. However, the Contractor shall not be responsible for damage exceeding five percent of the Contract amount from Acts of God as defined in California Government Code Section 4151, such as earthquakes in excess of magnitude 3.5 on the Richter Scale, provided such damaged work was done according to the Specifications. Contractor shall not sell, assign, mortgage, hypothecate or remove equipment or materials which have been installed or delivered, and which may be necessary for the completion of the work, without written consent of the General Manager.

12. CLEANUP

The Contractor shall keep the site free from accumulation of waste materials, rubbish and debris at all times. Upon completion of the work, the Contractor shall remove from the site all tools, equipment, temporary structures, unused materials, concrete forms, scaffolding, rubbish and other materials belonging to the Contractor or used under its direction during construction, and shall leave the site broom clean, unless the General Manager specifies otherwise. In the event the Contractor fails to clean up as required by these Specifications, the City may perform such cleanup work at the Contractor’s expense; the Contractor and its sureties shall be liable for such expense.

13. CONTRACTORS QUALITY CONTROL

The Contractor shall be responsible for providing quality control measures to assure that all work is done in accordance with the Contract documents and any product manufacturer’s recommendations.

If, in the opinion of a City Inspector or Representative, the Contractor is not providing quality control, further repair work may be suspended in part or in whole. Repair work shall only be allowed to commence once the Contractor has demonstrated satisfactory improvement in quality control procedures and repair results.

14. Funding Source

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

6. Bid Specifications

1. OVERVIEW

The City of Pasadena's Department of Public Works, Building Systems and Fleet Management Division (BSFMD) is seeking a qualified vendor to provide on-call vehicle towing and recovery services to City-owned vehicles on an as-needed basis.

2. SCOPE OF WORK

Vendor will be expected to, on an as-needed basis:

1. Provide on-call vehicle towing and recovery services as required by the City.

2. Provide on-call flat tire replacement services as required by the City.

3. Provide on-call jump start service as required by the City.

4. Provide on-call vehicle lock-out service as required by the City.

5. Provide on-call drive-away transport service as required by the City.

3. TOW TRUCK CLASSIFICATIONS

1. The proposer shall equip and maintain tow trucks covered under this agreement in accordance with the provisions set forth in the California Vehicle code and consistent with industry standards and practices.

2. The proposer shall provide two (2) classes of tow trucks under this agreement, or may substitute a tow truck in a larger weight category for the absence of a tow truck in a lower weight category:

o Class A – Light Duty: Proposer shall maintain a minimum of one tow truck with a manufacturer’s Gross Vehicle Weight Rating of 14,000 to 19,500 pounds with wheel lift capabilities. In addition, the operator may have a car carrier. Class A equipment specifications are those established by the California Highway Patrol.

o Class B – Medium Duty: Proposer shall maintain at least one tow truck with a manufacturer’s Gross Vehicle Weight rating of 26,000 to 33,000 pounds. The truck shall be capable of providing air to the towed vehicle. Class B equipment specifications are those established by the California Highway Patrol.

o Proposer shall provide sufficient tow trucks in each weight class to ensure that the proposer responds to each call for service within the 15 minute maximum response time.

4. TOW TRUCK DRIVERS

1. Proposer shall ensure that only qualified and competent tow drivers respond to calls for service initiated by the City of Pasadena Tow truck drivers shall be at least 18 years old and possess the following minimum class driver’s license and qualifications o Class A Tow Truck – A valid class C license, or valid class A (1) license.

o Class B Tow Truck - A valid class A (1) license.

o Class C Tow Truck – CTTA (California Tow Truck Association) certified within last five years, and a valid class A (1) license.

2. The Class (A) 1 license shall be endorsed to allow the operation of special vehicle configurations and/or special cargos.

3. The operator shall maintain a current list of drivers.

5. TOWING SERVICE REQUIREMENTS

Each tow service operator shall render 24-hour, 7-day a week towing service, and the service area shall include the entire city limits of the City of Pasadena, and other areas as needed.

Towing companies shall respond within thirty (30) minutes from the time when called by the City of Pasadena.

Each tow service operator shall have dispatching capability to their trucks/drivers 24 hours per day.

The tow service operator on call shall maintain a minimum of one driver on-duty at all times. In addition, at least one driver will be on stand-by at all times.

The tow service operator, or its employees, operators or agents shall not have any financial interest in any repair shop(s) to which private parties are referred by that tow service operator, employee, operator or agent. The tow service operator is prohibited from requiring a tow to any particular repair shop(s) and is prohibited from requesting or receiving a fee from any repair shop(s) for towing a vehicle to that facility or for a referral to that facility.

Contractor must provide electronic invoices, including reason for tow, purchase order/contract number, vehicle Information, year, make, model, license, VIN, towed from, destination, unit number, and invoice total. No hand written invoices.

6. SPECIFICATIONS - VEHICLE TOWING AND RECOVERY

Vendor shall provide pickup and delivery service upon request to and from the following City facilities. When necessary, vendor shall be provided a key by Designated City Representative to access locked facilities after regular posted business hours:

1. Pasadena City Yard: 323 W. Mountain St. Pasadena, CA 91103

2. Pasadena Police Department: 207 Garfield Ave. Pasadena, CA 91101

3. Pasadena Heliport: 2175 N. Yucca Ln. Altadena, CA 91101

4. Fire Station 31: 135 S. Fair Oaks Ave. Pasadena, CA 91105

5. Fire Station 32: 2424 E. Villa St. Pasadena, CA 91107

6. Fire Station 33: 515 N. Lake Ave. Pasadena, CA 91101

7. Fire Station 34: 1360 E. Del Mar Blvd. Pasadena, CA 91106

8. Fire Station 36: 1140 N. Fair Oaks Ave. Pasadena CA 91103

9. Fire Station 37: 3430 E. Foothill Blvd. Pasadena, CA 91107

10. Fire Station 38: 1150 Linda Vista Pasadena, CA 91103

11. Fire Station 39: 50 S. Avenue 64 Pasadena, CA 91105

12. Parking Lot/Structure - Block 5: 920 E. Washington Blvd. Pasadena, CA 91104

13. Parking Lot/Structure - Del Mar: 198 S. Raymond Ave. Pasadena, CA 91105

14. Parking Lot/Structure - Holly Street: 30 E. Union St. Pasadena, CA 91103

15. Parking Lot/Structure - Los Robles: 400 E. Green St. Pasadena, CA 91101

16. Parking Lot/Structure - Marengo: 155 E. Green St. Pasadena, CA 91105

17. Parking Lot/Structure - Paseo: 371 E. Green St. Pasadena, CA 91101

18. Parking Lot/Structure - Schoolhouse: 33 S. Fair Oaks Blvd. Pasadena, CA 91105

19. Parking Lot/Structure - South Lake: 140-146 Shoppers Ln. Pasadena, CA 91106

20. Parking Lot/Structure - Playhouse: 39 S. El Molino Ave. Pasadena, CA 91101

21. Parking Lot/Structure - Union/El Molino: 100 N. El Molino Ave. Pasadena, CA 91101

22. Parking Lot/Structure - Delacey Avenue: 45 S. De Lacey Ave. Pasadena, CA 91101

The City of Pasadena maintains contracts with various vendors in Southern California for service and repair of City vehicles. Vendor shall provide pickup and delivery service as requested to and from various vendor facilities.

Vendor locations, and all other destinations, are at the discretion of Pasadena Fleet Maintenance Representative and are subject to change throughout life of this contract.

Vendor must have adequate equipment to perform "low clearance" towing of vehicles from any underground parking garage including those outlined above.

Under certain circumstances, additional labor may be required for light-medium duty towing services other than the actual towing of the vehicle (for example, releasing brakes, removing drive shafts, and removing drive axles). All labor charges will be billed in 30-minute increments, and the invoice must state the reason for, or nature of, the charges incurred. Note: When heavy-duty vehicles to be towed are inoperable or the cab cannot be unlocked, it is mandatory that the wrecker operator release the brakes, remove the axle shaft, or disconnect the drive shaft before placing the vehicle under burden. When motor brooms/ street sweeper/ construction equipment is towed, the parking brake must be disconnected.

7. SPECIFICATIONS - FLAT TIRE REPLACEMENT, JUMP START, AND LOCKOUT SERVICE

Vendor shall provide on-call flat tire replacement service, jump start service, and lockout service upon request to City-owned vehicles at varying locations throughout the City of Pasadena on an as-needed basis.

8. SPECIFICATIONS - DRIVE AWAY TRANSPORT SERVICE

The City of Pasadena is looking for a qualified Drive Away Transport company to safely and efficiently pick-up and deliver various types of vehicles from point A to point B. This will include, light, medium, and heavy duty trucks, utility trucks, trash trucks, emergency vehicles, dump trucks, boom trucks, and more.

The City of Pasadena maintains contracts with various vendors in Southern California for service and repair of City vehicles. Vendor shall provide pickup and delivery service as requested to and from various vendor facilities.

Vendor locations, and all other destinations, are at the discretion of Pasadena Fleet Maintenance Representative and are subject to change throughout life of this contract.

9. MINIMUM QUALIFICATIONS

1. Vendor must have a minimum of five (5) years of work experience providing the services described herein described on the bid specifications and bid table to Cities similar to the size of the City of Pasadena.

2. Vendor shall have the equipment and trained personnel to perform repairs per bid specifications.

10. PRICING AND LABOR RATES

• Labor Rates: Contract unit prices for labor rates will remain fixed for the life of the resultant contract. There shall be no additional fees, fuel charges in the invoices. Labor rates shall include all direct and indirect overhead costs and will be paid on the basis of actual time performing services.

o Discount increases for parts and/or Price reductions for labor rates may be initiated by the at any time and shall be effective immediately.

11. SAFETY

• All items proposed must comply with current applicable safety or regulatory standards or codes.

• Deviations from industry standards must be identified with an explanation of how the equipment, products, and services will provide equivalent function, coverage, performance, and/or related services.

• Safety Data Sheets (SDS) – Vendor is required to provide a Safety Data Sheet (SDS) compliant with California Code Regulations, Title 8, Section 5194, for each hazardous substance that is provided. The SDS sheet must be sent to the City Representative by email in advance of delivering products.

• All products must meet safety requirements and be in compliance of the OSHA

7. Insurance Requirements

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

8. Public Contract Claims Procedure

PUBLIC CONTRACT CODE SECTION 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…