SCRAP_METALS_PURCHASE_AND_REMOVAL.pdf

COMPETITIVE BID

FURNISH AND DELIVER

SCRAP METALS PURCHASE AND REMOVAL

FOR THE

WATER & POWER DEPARTMENT

CITY OF PASADENA, CALIFORNIA

Competitive Bid - SCRAP METALS PURCHASE AND REMOVAL Release Date: Thursday, December 22, 2022

Attachments:

A - Scrap Metals - EXHIBIT A B - Master Labor and Materials Contract - 12-29-21

C - RELEVANT EXPERIENCE FORM

K - REQUIRED_FORMS_-_AAs_-_SIG-LEGAL-STATUS_-_DECLARATION_OF_NONCOLUSION 11032022

1. NOTICE INVITING BIDS

Notice is hereby given that the City of Pasadena is calling for sealed bids for the Water & Power Department and will receive sealed bids prior to but not later than 11:00 am, Wednesday, January 11, 2023 and will electronically unseal and make them available online (https://procurement.opengov.com/portal/pasadena) for this solicitation named "SCRAP METALS PURCHASE AND REMOVAL" Project ID: 2022-IFB-LM-186.

1. 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 11:00 am on Wednesday, January 11, 2023and will be opened online at that time.

Copies of the Specifications may be obtained by mail or in person from the Purchasing Division, 100 N. Garfield Ave., Room S-348, Pasadena, CA 91109, Telephone No. (626) 744-6755.

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 the #Notice Inviting Bids.

2. Pre-bid Conference

See the Timeline in the "Instructions to Bidders" section (#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.

3. Performance Bonds, and Labor & Materials Bonds

Performance Bonds Required: No Bond Required

Labor & Materials Bonds Required: No Bond Required

4. Release Date:

Release Dated: Thursday, December 22, 2022

MIGUEL MÁRQUEZ

City Manager https://procurement.opengov.com/portal/pasadena https://procurement.opengov.com/portal/pasadena https://procurement.opengov.com/portal/pasadena/projects/31670?section=257459 https://procurement.opengov.com/portal/pasadena https://procurement.opengov.com/portal/pasadena https://procurement.opengov.com/portal/pasadena/projects/31670?section=undefined https://procurement.opengov.com/portal/pasadena/projects/31670?section=257461 https://procurement.opengov.com/portal/pasadena/projects/31670?section=257461

2. INSTRUCTIONS TO BIDDERS

1. Summary

The City of Pasadena ("City") is seeking a vendor to purchase and remove designated scrap metals for Pasadena Water and Power ("PWP"). Vendor must provide all labor, equipment, tools, and transportation to load, remove, transport city-owned bins to a certified weighmaster and return the bins within 24 hours and process proceeds payments to the City within 30 days of pickup.

2. Contact Information

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

OSCAR AQUINO

MATERIALS & WAREHOUSE MANAGER

311 WEST MOUNTAIN STREET

Pasadena, CA 91101 Email: oaquino@cityofpasadena.net Phone: (626) 744-3966 Department:

Water & Power 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 11:00 am on Wednesday, January 11, 2023.

https://procurement.opengov.com/portal/pasadena mailto:oaquino@cityofpasadena.net tel:(626)744-3966

Release Project Date December 22, 2022

Pre-Bid Meeting (Mandatory) January 4, 2023, 10:00am Pasadena Water and Power Materials Warehouse

311. W. Mountain Ave., Pasadena, CA 91103

Question Submission Deadline January 6, 2023, 9:00am

Bid Submission Deadline January 11, 2023, 11:00am

3. GENERAL INSTRUCTIONS

1. 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 90 days after opening.

2. Funding Source

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

3. Bidder Must Make Thorough Investigation

It is the bidder's responsibility to examine the condition and location of the scrap metal bins, 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.

4. Acceptance of Conditions

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

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

• The City may require whatever evidence is deemed necessary relative to the bidder's financial stability, equipment and ability to purchase and remove scrap metals.

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

• The City reserves the right to solely judge the bidder's representations, and to solely determine whether the bidder is qualified to purchase and remove scrap metals 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 undertake this task, 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 in the preparation and submission of a bid.

5. Truth and Accuracy of Representation

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

6. 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's eProcurement Portal for the project named "SCRAP METALS PURCHASE AND REMOVAL." Project ID: 2022-IFB-LM-186. Bidders can view a list of addenda released by the City by clicking on "Addenda & Notices." While drafting a response, there will be a required section for "Addenda Confirmation" where bidders must acknowledge each addenda released.

7. 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.

8. Award of Bid and Determination of Responsiveness

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

• The ability, capacity and skill of the bidder to perform the contract or provide appropriate equipment, labor support and 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 appropriate equipment, labor support and services;

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

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

• 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;

9. 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.

10. 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.

11. Taxes

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

12. Local Bidders; Refund of Sales and Use Tax

For the purpose of determining the highest 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.

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

The apparent low bidder may be required to submit a completed and signed IRS Form W-9.

Failure to submit this form may result in the bidder being deemed non-responsive.

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

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.

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

16. Federal Terms and Conditions

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

17. Training Resources for Vendors

Videos:

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

Screen Shots:

1) Registering for a new account - Vendor Registration

2) Update profile - company and user, email, logo

3) Subscribing for an agency's notifications - Using the Network Tab

4) Following a project

5) How to respond to a bid, submit a bid, or No bid?

6) Get Notifications

7) Managing Addenda

8) OpenGov Procurement Support https://help.procurement.opengov.com/en/articles/5815468-opengov-procurement-vendor-training https://help.procurement.opengov.com/en/articles/5815468-opengov-procurement-vendor-training https://help.procurement.opengov.com/en/articles/5815468-opengov-procurement-vendor-training https://help.procurement.opengov.com/en/articles/2482165-vendor-registration http://help.procurenow.com/en/articles/2482226-updating-company-information https://help.procurement.opengov.com/en/articles/3955963-how-to-subscribe-to-organizations-and-find-active-rfps-bids https://help.procurement.opengov.com/en/articles/2478854-follow-a-project https://help.procurement.opengov.com/en/articles/2478772-how-to-respond-to-a-project https://help.procurement.opengov.com/en/articles/2921877-get-notifications https://help.procurement.opengov.com/en/articles/4413350-managing-addenda https://help.procurement.opengov.com/en/articles/5680392-using-support

4. SPECIAL CITY REQUIREMENTS

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 excep¬tions 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. 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.

4. 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.

https://procurement.opengov.com/portal/pasadena/projects/31670?section=257459 https://ww5.cityofpasadena.net/finance/doing-business-with-the-city/

5. Bid Shall Remain Open

Bidder agrees that their bid shall remain open and shall not be withdrawn for a period of not less than one hundred and twenty (120) calendar days from the date of opening bids, or until rejected by the City, whichever occurs first.

6. LICENSE AND PERMITS

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 provide product or services for this contract, they are charged 33% of the annual tax (PMC 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 vendor will be required to obtain a license if they will be coming into the City to perform services.

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

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

Attention is directed to Chapter 12.24 of the PMC, Excavations, and the Board of Directors (City Council) Policy Statement in Motion 25405 dated September 5, 1967. In general, all streets shall be free and clear of excavations and other construction during the period of November 15th through January 3rd for business districts, and December 15th through January 3rd for other areas. Accordingly, the Contractor will be required to shut down construction operations which would impede traffic movement during this period unless otherwise directed by the Engineer in emergency situations. Any existing excavations shall be backfilled, compacted, and temporarily repaved before the shutdown date. Bidders should reflect any costs of such shutdown in the various items of the Bidder's Proposal, and no additional payment will be allowed therefor. No time will be charged against the contract time for operations which are shut down in accordance with this section. A map showing the appropriate shutdown period for all locations in the City is available at the public counter of the City's Permit Center at 175 Garfield Avenue, Pasadena, 91101.

https://www.cityofpasadena.net/finance/general-fund/fees-tax-schedules/

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 highest 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. 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.

7. PAYMENT

Section 9-3 of the “STANDARD SPECIFICATION FOR PUBLIC WORKS CONSTRUCTION” is hereby replaced with the following: Payment will be made when invoice has been submitted upon the completion this project.

8. DURATION OF CONTRACT

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

9. System for Award Management (SAM.Gov)

Prior to contract award, the highest 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. STANDARD SPECIFICATIONS

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

In connection with contracts related to the subject “Bidder’s Proposal,” and except as otherwise provided below, all work shall be done in accordance with the provisions of the 2018 edition of “STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION” (commonly known as the “GREENBOOK”), Including Supplements, prepared and promulgated by Public Works Standards, Inc., a mutual benefit corporation. The Pasadena Department of Public Works has published a booklet titled, “SUPPLEMENTS AND MODIFICATIONS TO THE ‘GREENBOOK’ (STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION)” dated September 2006, hereinafter referred to as the Pasadena Supplements. The provisions of these Specifications and the Pasadena Supplements shall apply and take precedence over the Greenbook, in that order of precedence. The Pasadena Supplements and the “Greenbook” are available online at:

https://ww5.cityofpasadena.net/public-works/wp-content/uploads/sites/52/2016/10/Supplements-and-Modifications-to-the-Green-Book-2006- Edition.pdf. All references in these Specifications to “Standard Specifications” shall mean the Pasadena Supplements and the Greenbook, taken together.

11. CONSTRUCTION AND DEMOLITION WASTE MANAGEMENT ORDINANCE

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

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

The Contractor shall not commence work until (1) the invoice payment has been made for both the Performance Security Deposit equal to 3% of the project value not to exceed $30,000, and the non-refundable Administrative Review Fee based on the City's General Fee Schedule available online at: www.cityofpasadena.net/finance/general-fund/fees-tax-schedules; and (2) the Waste Management Plan has been submitted through Green Halo and approved by the City's waste management compliance official.

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

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

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

Instructions https://ww5.cityofpasadena.net/public-works/wp-content/uploads/sites/52/2016/10/Supplements-and-Modifications-to-the-Green-Book-2006-Edition.pdf https://ww5.cityofpasadena.net/public-works/wp-content/uploads/sites/52/2016/10/Supplements-and-Modifications-to-the-Green-Book-2006-Edition.pdf https://ww5.cityofpasadena.net/public-works/wp-content/uploads/sites/52/2016/10/Supplements-and-Modifications-to-the-Green-Book-2006-Edition.pdf

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

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

• Project name

• Contract Number

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

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

6. BID SPECIFICATIONS

1. GENERAL REQUIREMENTS

Purchase and remove scrap metals located at the Pasadena Water and Power ("PWP') Yards located 311 W. Mountain Ave., Pasadena, CA 91103. Provide all labor, materials, equipment, tools, and transportation necessary to load, remove, and transport metals to a certified weighmaster designated by the City of Pasadena PWP; return empty collection bins to PWP; and process proceeds payments within 30 days of pickup. PWP is a department of the City of Pasadena (“City”) and this will be a revenue generating contract for the City.

2. METAL TYPES AND WEIGHTS

The most common types of metals collected by PWP are depicted in Exhibit A (Table A-1) of these specifications. Estimated annual weights are based on prior volumes and may vary.

3. BIN TYPES, SIZES, AND COLLECTION FREQUENCY

PWP will collect and sort scrap metal using PWP-owned bins. Bin types and collection frequency are depicted in Exhibit A (Table A-2) of these specifications. Please refer to table for size and frequency of collection.

4. METHOD OF COLLECTION

PWP will notify Vendor when bins have reached full capacity and are ready for collection. Pickup of collection bins must be done no more than two business days after notification unless another date has been approved in advance by PWP.

Contractor shall arrive with roll-off truck and/or flat bed truck equipped with all the appropriate labor, tools, materials, and equipment to load and transport PWP full collection bins. Apart from organizing the contents of the bins, PWP will not participate in the roll off of operational aspect of the loading, transportation, or bin return process but can provide forklift assistance as needed when loading 3-5 yard bins onto flatbed.

Unless specifically directed otherwise, all loading and removal operations shall be performed during normal business hours of Monday through Thursday and every other Friday between the hours of 8:00 a.m. and 3:00 p.m. No operations shall take place on Saturdays, Sundays, or holidays observed by the City of Pasadena.

5. VENDOR EQUIPMENT, BINS, AND MAINTENANCE

It shall be the Contractor's responsibility to maintain all Contractor-owned equipment and operate according to required safety standards and regulations. Contractor shall also notify PWP of any mechanical or safety concerns associated with any PWP-owned collection bin before it is moved. The City will not be liable for any damage caused to Contractor's equipment while satisfying the requirements of this contract.

6. VALIDATION OF WEIGHT

Immediately following removal, Contractor shall transport the bin to a certified weighmaster, determined by the City of Pasadena PWP to obtain a weight validation of tare and gross weights.

At any time, a PWP representative may follow Contractor to the weighmaster location to witness the weighing process. Contractor shall be responsible for all costs associated with obtaining the weight validation. The original weight ticket or a carbon copy must be provided to PWP promptly and immediately upon request of the City of Pasadena PWP.

7. BIN RETURN

Contractor must return empty bins to PWP no later than 24 hours after pickup unless another date has been approved in advance by PWP.

8. TRANSER OF OWNERSHIP

Ownership of metals transfers to vendor at the time that it leaves City property. All excess materials and debris associated with or resulting from the collection shall be disposed of outside of City premises at a properly licensed facility in accordance with applicable local, state, and federal laws. Contractor shall defend, indemnify, and hold the City of Pasadena harmless from and against all liability, loss, claims, demands, penalties, fines, proceedings, causes of action, costs, and expenses, including attorney’s fees, relating to Contractor’s disposal of the scrap metals and debris there from.

9. PAYMENT FOR SCRAP METALS

Payment shall be calculated based on a percentage of the price per pound (or per ton) as quoted for Los Angeles in American Metals Market (“AMM”) Index. For each load of scrap metal, Contractor shall pay the City of Pasadena the bid percentage of the price per pound (or per ton) for the specific metal on the day on which the scrap is removed. Contractor is responsible for all fees associated with obtaining official market pricing information to support metals payments.

*All calculations are subject to verification and audit.

Payments must be received by PWP within 30 days of collection and must include the following:

1. Vendor Shall Pay the city in the City in the following methods:

A. Checks made payable to the City of Pasadena (address below)

B. ACH/EFT payment (Vendor to provide City a form to complete to provide bank information)

C. Wire (Vendor to provide City a form to complete to provide Bank information).

City of Pasadena

100 North Garfield Avenue, Room S348, Pasadena, CA 91101.

Attention: Water & Power Department

2. Copy of the certified weight ticket supporting the payment

3. Copy of market prices as published American Metals Market by on the date of pickup. This should include a print out of the relevant pages of the appropriate issue of American Metals Market (AMM) index .

4. Recap including but not limited to date of pickup, type of scrap metal, weight/weight ticket number, AMM price, pay percentage, and amount paid.

10. REFERENCES

Contractors shall furnish a list of three (3) current government agency customers, including agency name, street address, telephone number, and contact name, for whom similar services have been provided during the past three (3) years. PWP will use these references for informational purposes only in order to better understand Contractor's ability to execute all requirements of this contract; This information will not influence or change the actual bid results. Failure to include references may result in rejection of the bid.

11. COOPERATION WITH OTHERS

The City Yards are shared by multiple work groups who at any time may be working in areas adjacent to the collection site. Vendor shall at all times cooperate with PWP and other City personnel and/or their vendors or contractors, and waive all claims against the City of Pasadena that may occur as a result of interaction with other on-site entities.

12. PERMITS AND INSURANCE

Contractor must carry and be current on all required permits, licenses, and other fees related to all services provided in this contract and is responsible for all associated fees and costs.

Contractor must satisfy all City of Pasadena insurance requirements as outlined in the Insurance Requirements of this document and obtain a City of Pasadena business licence upon award of contract.

13. SAFETY

Contractor must assure the safety of the public and City of Pasadena personnel by taking whatever measures are reasonable and necessary, and in conformance with all work practices required by the California Safety and Health Administration (Cal-OSHA), Title 8 California Code of Regulations, and any other standard and applicable provisions unique to this work. Where there is conflict between applicable regulations, the most stringent will apply.

14. PERCENTAGE OF PROCEEDS

Using the [source] rates for December 1, 2022 and the PWP estimated annual metal weights in EXHIBIT A (Table A-1), Bidder shall bid the percentage of the proceeds (in the Discount % column) to be retained by the Vendor for each line item (Metal Type) in the #Bidder's Proposal.

Below is an example of the pricing to be used in the Bidder's Proposal:

[Total ]= Quantity x AMM Index (Unit Price) https://procurement.opengov.com/portal/pasadena/projects/31670?section=257458

[Amount Retained by the Vendor] = Percentage Bid x [Total]

[Net Amount to the City]= [Total] – [Amount Retained by the Vendor]

15. Statement of Qualifications and Experience

"Statement of Qualifications and Experience” shall include, but not limited to, the following information:

A. Brief description of the PROPOSED Scrap Metal Purchase and removal process and disclosure of potential challenges and issues that need to be resolved. PROPOSER should also state the company's qualification and experience relevant to purchasing and removal of scrap metals.

B. Listing of at least three recent similar contracts that the firm was engaged in for other public agencies. Include a brief description of the summary of contract, the estimated value and duration of the contract, and the name, title, and phone number of clients to be contacted for references.

C. Names of key staff, their proposed areas of responsibility, a brief description of their purchasing and scrap metal removal experience, and copy of applicable professional licenses if applicable, including an identification of the principal and representative of the Proposer authorized to act on the behalf of the Proposer and who shall be responsible for directing all activities of the Proposer and devoting sufficient time to personally supervise the provision of services.

7. BIDDER'S PROPOSAL

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

In response to the Notice Inviting Bids for SCRAP METALS PURCHASE AND REMOVAL the undersigned proposes and agrees to furnish the required undertaking in strict conformity with the general and detailed specifications 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 must be completed and uploaded electronically into City's eProcurement Portal. prior to the set bid date and time in the #Notice Inviting Bids.

SCRAP METAL BID TABLE

AMM Index Prices as of December 1, 2022. Instructions, indicate your mark up percentage. For example for a 10% charge against the AMM Index, you would indicate 10 in the "Discount(%)" Column. Quantity X AMM Index (Unit Price) = Total - Percentage of Proceeds to Vendor = Line

Item Bid Amount

Line Item Description Volume Unit of Measure

Price Unit of Measure

AMM Index (Unit Cost)

Discount

Total

1 Insulated Aluminum (MB-AL-0372) 20,000 Lbs US cent/lb $0.40

2 Steel (MB-STE-0372) 88 Tons $/gross ton $140.00

3 Insulated Copper (MB-CU-0417) 80,000 Lbs US cent/lb $2.96

4 Cast Iron (MB-STE-0372) 18 Tons $/gross ton $140.00

5 Lead Cable (MB-CU-0417) 10,000 Lbs US cent/lb $2.95

6 Water Meters - Brass (MB-CU-0419) 20,000 Lbs US cent/lb $2.18

TOTAL

ELECTRIC METER BID TABLE

https://procurement.opengov.com/portal/pasadena/projects/31670?section=undefined

Line Item Description Quantity Unit of Measure

Unit Cost Total

7 Electric Meters 2,000 Pounds

TOTAL

8. INSURANCE REQUIREMENTS

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

9. PUBLIC WORKS CLAIMS PROCEDURE

PUBLIC CONTRACT CODE SEC. 9204 NEW 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…