Rescue_Equipment.pdf

COMPETITIVE BID

FURNISH AND DELIVER

RESCUE EQUIPMENT

FOR THE

FIRE DEPARTMENT

CITY OF PASADENA, CALIFORNIA

Competitive Bid - Rescue Equipment Release Date: Wednesday, March 29, 2023

Attachments:

A - REQUIRED_FORMS_-_AAs_-_SIG-LEGAL-STATUS_-_DECLARATION_OF_NONCOLUSION 11032022 D - Disclosure of Lobbying Activities E - Unique Entity ID (SAM) F - fema_preparedness-grants-manual

1. NOTICE INVITING BIDS

1. Summary

Notice is hereby given that the City of Pasadena is calling for sealed bids for the Fire Department and will receive sealed bids prior to but not later than 5:00 pm, Monday, April 10, 2023 and will electronically unseal and make them available online (https://procurement.opengov.com/portal/pasadena) for this solicitation named "Rescue Equipment" Project ID: 2023-IFB-MS-222.

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 5:00 pm on Monday, April 10, 2023 and will be opened online at that time.

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

https://procurement.opengov.com/portal/pasadena/projects/40519

Refer to the Specifications for complete details and bidding requirements. The Specification and this Notice shall be considered a part of any contract made pursuant thereunder.

All bid pricing must be entered into the City's eProcurement Portal or the bid may be considered informal and deemed non-responsive, do not use a separate document attachment to represent your pricing. All required attachments must be completed and uploaded electronically into City's eProcurement Portal prior to the set bid date and time in this Notice Inviting Bids.

• PROJECT TITLE:Rescue Equipment

• DEPARTMENT:Fire Department

• CONTACT:Stephanie Chang

Release Dated:Wednesday, March 29, 2023

The Pasadena Fire Department is requesting bids for rescue equipment from qualified vendors.

The items indicated are minimum requirements. Any system bid in response to these specifications shall be designed to allow upgrading and interchangeability with other components of the same manufacturer. The rescue equipment purchased with grant funding from the State Homeland Security Grant Program (SHSGP) as part of a nation-wide program to build capabilities to protect against, prevent, respond to, and recover from terrorist acts and other types of emergencies or disasters.

https://procurement.opengov.com/portal/pasadena https://procurement.opengov.com/portal/pasadena https://procurement.opengov.com/portal/pasadena/projects/40519?section=undefined https://procurement.opengov.com/portal/pasadena/projects/40519 https://procurement.opengov.com/portal/pasadena

The successful bidder must comply with all Federal Procurement Standards and policies and procedures indicated by Federal Emergency Management Assistance (link below and PDF document attached as "Attachment F"):

https://www.fema.gov/sites/default/files/2020-06/fema_preparedness-grants-manual.pdf

The successful bidder will be responsible for providing the items and all functions necessary to meet the intent of the contract, and meeting all delivery requirements.

2. Contact Information

Dealine for Questions

The deadline to submit questions related to this solicitation is Wednesday, April 5, 2023, prior to 5:00 pm.

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

Vendor Registration Instructions & Customer Service information:

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

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

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

Customer Service

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

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

Stephanie Chang Management Analyst Email: schang@cityofpasadena.net Phone: (626) 744-7201 Department:

Fire Department

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 5:00 pm onMonday, April 10, 2023.

https://procurement.opengov.com/portal/pasadena mailto:schang@cityofpasadena.net tel:(626)744-7201

Release Project Date March 29, 2023

Question Submission Deadline April 5, 2023, 5:00pm

Bid Submission Deadline April 10, 2023, 5:00pm

2. GENERAL INSTRUCTIONS

1. Pre-Bid Meeting

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

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

2. General Bid Requirements

To be considered, a bidder must follow the format for bids in the specifications. Bids must be binding and firm. Any bid may be withdrawn before bid opening but not for 120 days after opening.

3. Funding Source

This procurement is funded by:County of Los Angeles. Vendors must submit all required document with their proposal.

4. Bidder Must Make Thorough Investigation

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

5. Acceptance of Conditions

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

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

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

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

https://procurement.opengov.com/portal/pasadena/projects/40519?section=330549

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

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

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

6. Truth and Accuracy of Representation

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

7. City Changes to the Bid Documents

The City reserves the right to change any part of these Instructions to Bidders and Specifications any time prior to the bid opening. Any changes shall be in the form of addenda and will become a part of the bid documents and of the contract. Addenda shall be made available to each bidder. A bidder's failure to address the requirements of the addenda may result in the bid not being considered. If the City determines that a time extension is required for the bid, the addenda will give the new submission date.

Addenda shall be acknowledged via the City'seProcurement Portal.

8. Addenda

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

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

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

9. Notice Regarding Disclosure of Contents of Document

All bids accepted by the City at the time of bid opening shall become the exclusive property of the City. Upon opening, all bids accepted by the City shall become a matter of public record and shall be regarded as public, with the exception of those elements of each bid which are identified by the bidder as business or trade secrets and plainly marked as "trade secret," "confidential," or "proprietary." Each element of a bid which a bidder desires not to be considered a public record must be clearly marked as set forth above, and any blanket statement (i.e., regarding entire pages, documents, or other non-specific designations) shall not be sufficient and shall not bind the City in any way whatsoever. If disclosure is required under the California Public Records Act or otherwise by law (despite the bidder's request for confidentiality), the City shall not in any way be liable or responsible for the disclosure of any such records or part thereof.

10. Award of Bid and Determination of Responsiveness

The contract shall be awarded to the lowest responsive and responsible bidder. In determining whether a bidder is responsible and responsive, the following shall be considered:

A. The quality of the material offered;

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

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

D. The sufficiency of the bidder's financial resources and the effect thereof on his ability to perform the contract or provide the material or services;

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

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

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

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

11. Errors and Omissions

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

12. Patent Feed; Patent, Copyright, Trade Secret, and Trademark Fees

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

13. Taxes

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

14. 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.

15. 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.

16. Equivalents to Specifications

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

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

During the question and answer period for this solicitation (Rescue Equipment; 2023-IFB-MS- 222), 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.

17. Federal Terms and Conditions

In as much as there are Federal Requirements for this solicitation please see the Section named #Federal Terms and Conditions.

https://secure.procurenow.com/portal/pasadena/projects/40519?section=undefined https://secure.procurenow.com/portal/pasadena/projects/40519?section=330556

3. 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. 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.

4. 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.

5. 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.

6. DURATION OF CONTRACT

The initial term of the contract resulting from these Specifications shall be for one year from the date of execution by the City. No optional extension periods will be included with this contract.

7. WARRANTY

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

8. DEFECTIVE MATERIALS:

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

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

9. RECEIVING AND INSPECTION:

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

10. Equivalents to Specifications

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

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

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

4. CITY REQUIREMENTS

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

1. Equal Employment Opportunity in Contracting

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

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

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

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

Required Forms – Each bidder must submit a completed Form AA-1. Failure to submit this form will result in automatic disqualification with no exceptions unless bidder has an approved Form on file with the City.

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

2. Declaration of Non-Collusion by Contractor

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

3. System for Award Management (SAM.Gov) https://procurement.opengov.com/portal/pasadena/projects/40519?section=undefined

Prior to contract award, the winning contractor must provide an active registration with "Sam.Gov." Vendors seeking to register can register for free at the following link:

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

4. CHANGE ORDER MANAGEMENTCHANGE ORDER MANAGEMENT

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

5. Local Preferences

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

6. Protest Procedure

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

7. Pasadena Business License

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

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

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

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

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

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

8. Invoice Submission Portal

Invoice Submission Portal https://sam.gov/content/entity-registration https://ww5.cityofpasadena.net/finance/doing-business-with-the-city/ https://ww5.cityofpasadena.net/finance/doing-business-with-the-city/ https://www.cityofpasadena.net/finance/licenses/business-licenses/

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

How to submit invoices to the City of Pasadena?

Create an account: Visit the City’s Invoice Submission website:

https://invoice.cityofpasadena.net/ and select “Create Account”

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

9. Pasadena Living Wage Ordinance

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

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

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

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

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

10. Errors and Omissions

Bidders 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.

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

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

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

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

13. Certificate of Insurance

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

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

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

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

15. Technical Questionnaire Form

This form is only required for the purchases of technology. The City of Pasadena Department of Information Technology (DoIT) is tasked with reviewing all IT solutions proposed for use by the City. DoIT uses this questionnaire to assess various business, security, and/or operational impacts of vendor proposed technology solutions, SaaS offerings, software or hardware that will reside on the City’s servers and/or network, that will integrate to the City’s existing applications, servers and/or network, or that may have an impact on the City’s ability to conduct business.

This questionnaire is also used to identify and distinguish at an early stage in the evaluation process the potential roles and responsibilities of the City and the proposer.

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

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

• Section 5.0 must be completed for City hosted/on-premises software https://www.irs.gov/pub/irs-pdf/fw9.pdf https://www.irs.gov/pub/irs-pdf/fw9.pdf

5. BID SPECIFICATIONS

1. Specification

The Pasadena Fire Department is requesting sealed bids for the purchase of multiple Holmatro Rescue Equipment. The proposed equipment shall be new, unused, the latest production and as furnished to Fire Department rescue services, in general. Funding for the equipment will be provided through the State Homeland Security Grant Program (SHSGP).

2. Delivery

The awarded bidder shall deliver the equipment to the Pasadena Fire Department no later than 15 business days after the receipt of the purchase order. All expenses relating to delivery shall be clearly indicated in the Bid Table.

All deliveries shall be made between the hours of 7:00 a.m. and 4:00 p.m., local time, Monday through Friday, excluding City holidays.

The equipment must be delivered to the location indicated below:

Pasadena Fire Department

Fire Station 34

1360 E Del Mar Blvd

Pasadena, CA 91106

6. BIDDER'S PROPOSAL

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

In response to the Notice Inviting Bids forRescue Equipment the undersigned proposes and agrees to furnish the required material in strict conformity with the general and detailed specifications and data on manufacturer’s data sheets and/or exceptions made part of the bid and accepted by the City in writing.

INSTRUCTIONS:

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

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

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

All bid pricing must be entered into the City's eProcurement Portal or the bid may be considered informal and deemed non-responsive, do not use a separate document attachment to represent your pricing. All required attachments in the #Bidder's Submittals/Checklist must be completed and uploaded electronically into City's eProcurement Portal. prior to the set bid date and time in the #Notice Inviting Bids.

https://procurement.opengov.com/portal/pasadena https://procurement.opengov.com/portal/pasadena/projects/40519?section=330559 https://procurement.opengov.com/portal/pasadena/projects/40519?section=undefined

Line Item Description Quantity Unit of Measure

Unit Cost Total Article Number

1 HOLMATRO SPREADER

PSP50

2 Each 159.000.181

2 HOLMATRO PCU50

CUTTER

2 Each 159.000.063

3 HOLMATRO PTR40

TELESCOPIC RAM

2 Each 159.000.185

4 HOLMATRO PTR50

TELESCOPIC RAM

2 Each 159.000.207

5 HOLMATRO PCT50

COMBI TOOL

2 Each 159.000.118

6 HOLMATRO PBPA287

BATTERY

16 Each 151.000.583

7 HOLMATRO PBCH2

BATTERY CHARGER

120VAC

2 Each 151.000.742

8 HOLMATRO PBCH3

BATTERY CHARGER 12V

2 Each 151.000.632

9 Shipping 1 Each

TOTAL

7. INSURANCE REQUIREMENTS

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

8. PUBLIC CONTRACT CLAIMS PROCEDURE

PUBLIC CONTRACT CODE SEC. 9204 PUBLIC WORKS CLAIMS PROCEDURE

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SECTION 1.

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

9204.

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

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

(c) For purposes of this section:

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

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

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

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

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

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

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

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

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

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

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

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

The Department of General Services as to all other projects.

The High-Speed Rail Authority.

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

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

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

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

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

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

(2) (A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute.

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

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

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

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

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

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

(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim.

Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.

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

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

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

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

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

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

SEC. 2.

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

SEC. 3.

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

9. FEDERAL TERMS AND CONDITIONS

1. FEDERAL TERMS AND CONDITIONS

2 CFR Appendix II to Part 200 - Contract Provisions for Non-Federal Entity Contracts Under Federal Awards

2. Equal Employment Opportunity

Except as otherwise provided under 41 CFR Part 60, to the extent this Agreement meets the definition of a "federally assisted construction contract" as set forth in 41 CFR Part 60-1 3 Locality agrees at all times during the term of this Agreement to comply with and abide by the following: (i) the equal opportunity clause (" Equal Opportunity Clause") in 41 CFR 60-1.4(b) in accordance with Executive Order 11246, as amended by Executive Order 11375 and that the Equal Opportunity Clause is a part of this Agreement and incorporated herein by this reference;

and (ii) the regulations implementing the Equal Opportunity Clause at 41 CFR Part 60 and that such implementing regulations are a part of this Agreement and incorporated herein by this reference.

3. Compliance with the Davis-Bacon Act

a. All transactions regarding this contract shall be done in compliance with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) and the requirements of 29C.F.R. pt. 5 as may be applicable. The contractor shall comply with 40 U.S.C. 3141-3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable. b. Contractors are required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. c. Additionally, contractors are required to pay wages not less than once a week.

4. Copeland "Anti-Kickback" Act

a. Standard. Recipient and subrecipient contracts must include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). b. Applicability. This requirement applies to all contracts for construction or repair work above $2,000 in situations where the Davis-Bacon Act also applies. It DOES NOT apply to the FEMA Public Assistance Program. c. Requirements. If applicable, the non-federal entity must include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations at 29 C.F.R. Part 3 (Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States).

Each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to FEMA. Additionally, in accordance with the regulation, each contractor and subcontractor must furnish each week a statement with respect to the wages paid each of its employees engaged in work covered by the Copeland Anti-Kickback Act and the Davis Bacon Act during the preceding weekly payroll period. The report shall be delivered by the contractor or subcontractor, within seven days after the regular payment date of the payroll period, to a representative of a Federal or State agency in charge at the site of the building or work.

5. Compliance with the Copeland “Anti-Kickback” Act.

a. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt.