Seismic_Retrofit_of_Public_Works_Building_at_City_Yards_(Addendum_#3_Revision).pdf

COMPETITIVE BID

FURNISH AND DELIVER

SEISMIC RETROFIT OF PUBLIC WORKS BUILDING AT CITY

YARDS

FOR THE

PUBLIC WORKS DEPARTMENT, ENGINEERING

CITY OF PASADENA, CALIFORNIA

Competitive Bid - Seismic Retrofit of Public Works Building at City Yards Release Date: Thursday, April 13, 2023

Attachments:

A - Pasadena_Public_Works_Seismic_Upgrade_-_Bid_Set_Specifications B - NONCOLLUSION; AAs SUB; QUAL; PUBCONTR CODE; DEBARMENT; ELIGIBILITY; AND IDENTITY

CONF; SUBSTITUT VALUE

C - ATTACHMENTS TO BID FORM

D - APPENDICES

E - Pasadena_Public_Works_Building_Seismic_Upgrade_-_Bid_Set_Dwgs (1) F - General Conditions of the Contract for Construction - City of Pasadena Template A201 2017 H - Construction Administration Forms I - Standard Form of Agreement: City of Pasadena Template A101-2017 (12.2018) J - AIA ® Document A101: Insurance and Bonds L - FEDERAL CONTRACT PROVISIONS (Oct 2022) M - SBE-MBE-WBE; Disclosure of Lobbying Activities; Debarment and Suspension; and UEI Form N - Exhibits to AIA

1. PROJECT MANUAL

PROJECT MANUAL

Volume 1 of 2

FOR

Seismic Retrofit of Public Works Building at City Yards

FOR

CITY OF PASADENA

M. KRIS MARKARIAN, P.E.

City Engineer

Bids will be received via the City's eProcurement Portal. A bid received after the time set for the bid opening shall not be considered. Bidders are required to submit (upload) all items listed in the #Bidder's Submittals/Checklist . Addenda shall be acknowledged via the City's eProcurement Portal. Bids will be received prior to 2:00 pm on Thursday, May 18, 2023and will be opened online at that time.

ARCHITECT

IDS Group, 1 Peters Canyon Rd., Ste 130, Irvine, CA 92606 https://procurement.opengov.com/portal/pasadena https://procurement.opengov.com/portal/pasadena/projects/39468?section=322096

2. NOTICE INVITING BIDS (INVITATION TO BID)

1. INVITATION TO BID

NOTICE IS HEREBY GIVEN THAT THE CITY OF PASADENA, hereinafter referred to as “the City” or “City,” will receive at the stated location prior to the Bid Deadline established below, electronic Bids for the Contract for construction of the Work generally described as:

Seismic Retrofit of Public Works Building at City Yards

BID DEADLINE: Thursday, May 18, 2023.prior to 2:00 pm

BID OPENING: Thursday, May 18, 2023. prior to 2:00 pm

PLACE FOR RECEIPT AND OPENING OF BIDS: Bids will be received via the City's City's eProcurement Portal.

DEADLINE FOR BIDDER REQUESTS FOR INFORMATION AND OR EQUAL SUBSTITUTION

REQUESTS:Date/Time: Thursday, April 27, 2023at 2:00 pm. Attention: Teo Sierra. Email:

tsierra@cityofpasadena.net (all RFIs must be submitted via e-mail).

2. Bidder Information and Addenda:

This is in addition to the above “Invitation to Bid”. Project Manual and Drawings are available on the City website at: eProcurement Portal. free of charge.

Addenda, if any, will be issued and posted via the City’s website. Material suppliers, Subcontractors, and other Sub-bidders may obtain copies of Bidding Documents at:

eProcurement Portal. The City reserves the right to extend the Bid Deadline by issuing an Addendum to Registered Bidders no later than 72 hours prior to the Bid Deadline.

From time to time, the City finds it necessary to issue addendum(a) to bid specifications after those bid specifications have been released. Only those parties that have registered with the City as a plan holder on a particular project will receive the addendum(a) for that project. The City is not responsible for notifications to those parties who do not directly register as a plan holder on the City’s database. It is the responsibility of all perspective bidders to register on the City’s database to ensure receipt of any addendum(a) prior to bid submittals. Additionally, information on any addendum(a) issued for any bid specifications for any project will be available on the City website at: eProcurement Portal.

The City reserves the right to reject as nonresponsive any bid that fails to include the information required by any addendum(a) posted on the City website.

3. Pre-bid Conference https://procurement.opengov.com/portal/pasadena https://procurement.opengov.com/portal/pasadena

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.

4. Contractors License Required:

Bidders must possess and provide the following licenses or certifications to be deemed qualified to perform the work specified.

The Bidder or a listed Subcontractor must hold all applicable State certifications from the California Contractors State License Board and any necessary registrations from the Division of Occupational Safety and Health at the Bid Deadline. In California, State law also requires a California Department of Public Health, Lead-Related Construction-certified Lead Supervisor or Worker (Title 17, CCR, Section 36100(a)(1)) for lead paint abatement. Regardless of tier and dollar value of the Work, all Specialty Contractor (Classification “C”) licensee must be listed on the Subcontractor Listing form (000302) submitted with the Bid.

Each Bidder must hold an active license issued by the California Contractors State License Board in the following classification(s):

• Class A (general engineering contractor) or Class B (general building contractor)

5. Pasadena City Business License:

Each Bidder shall obtain and keep current a Pasadena City Business License prior to commencement and throughout the duration of the Work.

6. Request for Information (“RFI”).

All RFI’s must be in writing, must be submitted via e-mail to the e-mail address specified above, and must be received no later than the date and time specified above. Any RFI submitted after the date and time specified above will not be considered.

7. Time for Completion:

The selected Contractor shall achieve Substantial Completion of the entire Work no later than 120 WORKING DAYS after the date of commencement established in City’s initial Notice to Proceed (“Contract Time”).

8. Liquidated Delay Damages:

If the selected Contractor fails to achieve Substantial Completion of each phase/milestone as defined and within the Contract Time dictated in the section titled "General" of Instructions to Bidders, liquidated delay damages in the amount of $1,000 per day will be assessed, unless otherwise indicated, as provided in Section 4.5 of the Agreement Between City and Contractor.

https://procurement.opengov.com/portal/pasadena/projects/39468?section=undefined

Phases/Milestones:

A. Milestone A: $500.00 per calendar day

B. Milestone B: $1,000.00 per calendar day

9. Withdrawal of Bids:

Bids shall remain open and valid for one hundred eighty (180) days after the Bid Deadline.

10. Acceptance and Rejection of Bids:

City reserves the right to reject any or all Bids or to waive any irregularities or informalities in any Bids or in the bidding.

11. Contract Award:

Award will be made to the responsive and responsible Bidder submitting the lowest Bid Price;

however, if Alternate Bid items are included in the Bid Form, the lowest Bid will be determined in accordance with Paragraph "Alternate Bid Items" of the Instructions to Bidders.

12. Bidder Mandatory Qualifications:

Bidder shall satisfy the mandatory qualification requirements established in the Instructions to Bidders, including, but not limited to, the insurance requirements established in AIA Document A101 of the Agreement.

13. Federal Requirements for Federal-Aid Construction Projects:

This project is financed in whole or in part with Federal funds, and, therefore, all of the statutes, rules, and regulations, including, but not limited to, the Code of Federal Regulations (CFR), promulgated by the Federal Government and applicable to work financed in whole or in part with Federal funds will apply to this project. Federal Contract Provisions and FHWA Form 1273, entitled "Required Contract Provisions, Federal-Aid Construction Contracts", attached hereto these Specifications, shall be physically incorporated into the Contract for this project and all subcontracts and subsequent lower-tier subcontracts. Whenever references are made in said contract provisions to "SHA contracting officer," "SHA resident engineer," or "authorized representative of the SHA," they shall be deemed to mean "Engineer", defined as the City Engineer of the City of Pasadena.

14. Insurance:

All Contractors must provide the insurance described in AIA Document A101of the Agreement.

15. Bid Security:

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

The bid security of the 1st, 2nd, and 3rd low responsive and responsible bidders shall be retained by the Department of Public Works until the contract has been executed. All other bidder’s securities shall be returned upon determination of the 1st, 2nd, and 3rd low responsive and responsible bidders.

PROJECT ID: 2023-IFB-AIA-159

Bid Bond Instruction:

Bidders must provide the foollowing to their bonding agent when trying to setup a bid bond for the City of Pasadena: The Project ID of the solicitation on which you are bidding. Your Contractor Vendor ID which is your Federal Tax ID or it’s equivalent. Both fields are required for validation. If you are having trouble finding these ID’s, please contact Surety2000 at 1-800-660-3263 or email help@surety2000.com

16. Bid Forms:

Each Bid shall be submitted on the City's pre-printed forms. If any Bidder makes any alteration, strike-through or otherwise deviates from any of the pre-printed Bid forms, or makes any qualifications of the Bid forms in separate documents submitted with the Contractor’s Bid, the Bid may be considered non-responsive. No verbal, telephoned, e-mailed, telegraphic, or faxed Bids and/or modifications of Bids will be accepted. Late Bids shall be returned to the Bidder unopened.

17. Subcontractors:

Each Bidder shall submit, on the form furnished with the Contract Documents, a list of Subcontractors to be used on this Project as required by the Subletting and Subcontracting Fair Practices Act, California Public Contract Code section 4100 et seq.

18. City Requirements:

This Project is subject to the City’s Competitive Bidding and Purchasing Ordinance, (Chapter 4.08 of the Pasadena Municipal Code), the California Fair Employment and Housing Act (Government Code Section 12900 et. Seq.), the City’s Living Wage Ordinance (Chapter 4.11 of the Pasadena Municipal Code) and the rules and regulations promulgated thereunder.

19. Wage Determination (Federal) mailto:help@surety2000.com

All prime construction contracts in excess of $2,000 awarded by non-Federlal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C §§ 3141-3144 and 3146- 3148) as supplemented by Department of Labor regulations as 29 C.F.R. Part 5 (Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction). See 2 C.F.R. Part 200, Appendix II(D). In accordance with the statue, contractors must be 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. In addition, contractors must be required to pay wages not less than once a week. A copy of the current prevailing wage determination issued by the Department of Labor as of the date the project is issued for bid is included in this solicitation and are also available on the internet at the U.S. General Services Administration website, also known as SAM.gov: https://sam.gov/content/wage-determinations.

If there is a difference in the Pasadena Living Wage rates, the California prevailing wage rates, and the Federal prevailing wage rate for similar classifications of labor, the Contractor and Subcontractors shall pay not less than the highest wage rates.

20. Prevailing Wages:

This Project is subject to the provisions of Labor Code Section 1720 et seq., and the requirements of Title 8 of the California Code of Regulations Section 16000 et seq., which govern the payment of prevailing wages on public works projects. The Director of the Department of Industrial Relations, State of California (DIR) pursuant to the California Labor Code, has determined the general prevailing rates of wages in the locality in which the Work is to be performed. Copies of these determinations are maintained at the City’s Public Works Department office, are available during City’s normal business hours and are also available on the Internet at the Department of Industrial Relations website:

http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm. Future effective general prevailing wage rates, which have been predetermined and are on file with the California Department of Industrial Relations are referenced but not printed in the general prevailing wage rates. If there is a difference in the Pasadena Living Wage rates and the California prevailing wage rates for similar classifications of labor, the Contractor and Subcontractors shall pay not less than the highest wage rates. See Section 16. Prevailing Wages and Employment of Apprentices for details regarding payment of Prevailing Wages.

21. California Department of Industrial Relations – Public Works Contractor Registration – Notice to Bidders and Subcontractors:

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

https://sam.gov/content/wage-determinations

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

C. The Contractor must post job site notices prescribed by regulation (See e.g. 8 Cal. Code Reg. Section 16451(d)).

D. Contractors and Subcontractors must furnish electronic certified payroll records directly to the California Labor Commissioner (aka Division of Labor Standards Enforcement).

22. Neighborhood Friendly:

Local businesses, government facilities, and residents who are subject to potential impacts from the Project surround the Project site. The Contractor and Subcontractors on the job will be required to take all reasonable steps necessary to avoid inconvenience and disruptions to the Project site's neighbors. The Pasadena City Noise Ordinance will be strictly enforced, and traffic impact mitigation plans may be required in connection with hauling, cranes, and other activities that have the potential to excessively disrupt traffic flows.

23. Performance and Payment Bonds:

The selected Contractor shall furnish to the City within fifteen (15) calendar days after award and tender of a contract, a Faithful Performance Bond and Payment Bond, each in the amount of one hundred percent (100%) of the Contract Sum, and in conformance with the requirements of the Contract Documents. Each bond must be issued by a California admitted surety insurer.

24. Third-Party Project Manager:

The City may utilize City-staff to provide project management services or, in its discretion, may retain a third-party construction manager to assist with the administration, development, and management of the Project.

25. Substitution of Securities / Security Deposit in Lieu of Retention:

Pursuant to Section 22300 of the California Public Contract Code, the Contractor who receives award of the Contract may, at its sole cost and expense, substitute approved securities equivalent to any retained funds withheld by the City to ensure performance of the Work or, in the alternative, request the City make payment of retention to an escrow agent.

Notwithstanding the foregoing, such Contractor shall have thirty (30) calendar days following award of the Contract to submit a written request to the City to permit the substitution of securities for retention or payment to an escrow agent; failure to do so shall be deemed a waiver of the right.

26. Publication and Authorization Date:

Release Dated: Thursday, April 13, 2023

MIGUEL MÁRQUEZ

City Manager

3. INSTRUCTIONS TO BIDDERS

1. Summary

The City of Pasadena (“City”) will select a single qualified Contractor to perform seismic retrofit and minor ADA improvements of the Public Works Administration Building at city yards located at 233 W. Mountain St. The scope of the seismic retrofit includes, but is not limited to, the following items: removal of finishes along the perimeter of interior roof and floor to expose wall connections and retrofit as necessary; install additional anchor bolts to tie the roof and floor diaphragms to the tilt-up wall panels; reinforce/strengthen diaphragm ties/chord and boundary elements; and provide additional seismic bracing to critical rooftop HVAC components and strengthening of its supporting roof framing. Additionally, there are various architectural renovations to the 2nd floor kitchen, 1st floor breakroom, and parking lot for ADA improvements and associated re-roofing and carpentry as a result of retrofit work.

Contractor shall also provide support in temporary relocation of a number of City staff work stations/furniture prior to work commencing and construction work hours shall begin and finish outside of normal business hours.

This project is funded by Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program (HMGP) funds and American Resue Plan Act (ARPA) funds. Contractor is required to comply with all necessary reporting procedures as outlined in the granting agency guidelines.

The Contractor receiving award of the Contract will be required to coordinate its activities with the City’s Representative regarding ongoing operations and programs on the sites and access for utility connections.

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

Project Contact:

Teo Sierra Senior Project Manager Email: tsierra@cityofpasadena.net Phone: (626) 744-4772

../../../../../portal/pasadena mailto:tsierra@cityofpasadena.net tel:(626)744-4772

Procurement Contact:

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

Public Works Department, Engineering

3. Timeline

Publication Date April 13, 2023

Pre-Bid Meeting (Non-Mandatory) April 20, 2023, 10:00am 233 W. Mountain Street (at front gate)

Question Submission Deadline April 27, 2023, 2:00pm

Bid Submission Deadline May 18, 2023, 2:00pm mailto:awatson@cityofpasadena.net tel:(626)744-8382

4. INSTRUCTIONS TO BIDDERS (CONTINUED)

1. GENERAL.

A. Information contained in these Instructions to Bidders is supplemental to information contained in the Advertisement for Bids/Invitation to Bid. The meanings of all capitalized terms not defined herein are defined in the General Conditions.

1. Phased/Milestone Construction. The Work shall be conducted with each phase/milestone substantially complete as indicated below.

a. Phases/Milestone:

i. Milestone A: Transmit all submittal for the project per the project plans and specifications, and approved submittal schedule.

ii. Milestone B: Substantial Completion of all work.

b. Durations: Substantial Completion of each milestone must be reached by the following dates.

i. Milestone A: From Notice of Award (NOA) to +90 calendar days

ii. Milestone B: From Contract Start Date to +120 working days

c. All Phases: Work shall be substantially completed and ready for occupancy at time of Substantial Completion for the Work as indicated above.

2. Access to Site. Contractor shall have limited use of Project site for construction operations as indicated on phasing plan.

a. Do not disturb portions of Project site beyond areas in which the Work is indicated.

b. Driveways, walkways, and entrances: Keep driveways, parking areas, loading areas, and entrances serving premises clear and available to Owner, Owner's employees, tenants, users, and emergency vehicles at all times. Do not use these areas for parking or storage of materials.

i. Schedule deliveries to minimize use of driveways and entrances by construction operations.

ii. Schedule deliveries to minimize space and time requirements for storage of materials and equipment on-site.

3. Work Restrictions. Comply with restrictions on construction operations.

a. Comply with limitations on use of public streets and with other requirements of authorities having jurisdiction.

b. On-Site Work Hours: Limit in the existing building to normal business working hours of 6:00pm to 5:30am, Monday through Friday or Sunday through Thursday, unless otherwise indicated and coordinated with City Project Manager. No work will be allowed on weekends and major holidays unless otherwise approved by City Project Manager.

c. Attention is directed to Chapter 12.24 of the Pasadena Municipal Code, commonly known as the Excavation Ordinance" and Board of Directors 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 15 through January 3 for business districts, and December 15 through January 3 for other areas. No traffic closures will be approved/authorized during this time. 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. 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 Department of Public Works.

2. UNIT PRICE WORK.

Each bidder must bid on each item shown in the Bid Schedule Forms (See Schedule “A”). If any bidder makes an alteration, interlineation, or deviation in any of the printed matter of the proposal or if the signature of the bidder is incomplete, or if any portion of the Bid is incomplete, the bid will be considered informal and may be rejected.

The prices bid on the following items include any and all charges required under the California Retail Sales Tax Act of 1933, as amended, and/or the Use Tax Act of 1935 of said State.

In case of discrepancy between the unit prices and item totals, the unit prices shall prevail, and in case of a discrepancy between item totals and the grand total, the item totals shall prevail.

The grand total will be subject to adjustment by the City in the event of a discrepancy. The contract award shall be made on the basis of the grand total as described above from among responsibe and responsible bidders.

Based on the bids received and the City’s budget at the time of contract award, the City reserves the right to delete items or to change quantities of bid items.

3. BIDDER REPRESENTATIONS CONCERNING EXAMINATION OF SITES AND BIDDING

DOCUMENTS

Each Bidder shall, at its sole cost and expense, inspect the Bidding Documents and the Project sites to become fully acquainted with the conditions affecting the Work. The failure of a Bidder to receive or examine any of the Bidding Documents shall not relieve such Bidder from any obligation with respect to the Bid, the Contract, or the Work required under the Contract Documents. The City assumes no responsibility or liability to any Bidder for, nor shall the City be bound by, any understandings, oral representations or oral agreements of the City’s agents, employees or officers concerning the Contract Documents or the Work made prior to execution of the Contract.

The Bidder shall carefully study and compare the Bidding Documents with each other and with other work being bid concurrently or presently under construction to the extent that it relates to Work for which the Bid is submitted, shall examine the sites and local conditions, and shall at once report to City errors, inconsistencies and ambiguities discovered. If any Bidder contemplating submitting a Bid for the Project is in doubt as to the true meaning of any part of the Bidding Requirements or Contract Documents, or who finds discrepancies, errors or omissions therein or who finds variances in any of the Bidding Documents with Applicable Law, such Bidder may submit a written request for an interpretation or correction thereof to the City’s Representative identified in the Invitation to Bid, or other designated individual. All Bidders shall submit such written requests to the City on or before the deadline established in the Invitation to Bid unless modified by Addendum (i.e., at least seven (7) calendar days prior to the Bid Deadline, unless modified by Addendum). The person or entity submitting the request will be responsible for its proper delivery to City’s designated representative. Any interpretation or correction will be made only by Addendum issued by the City and a copy of such Addendum will be delivered to each Registered Bidder. Any Addenda so issued must be acknowledged in the Bid Form and the cost of performing Work described in the Addenda shall be included in the Bid. No person is authorized to render an oral interpretation or correction of any Bidding Documents and no Bidder may rely on any such oral interpretation or correction issued by the City. The City reserves the right to extend the Bid Deadline by issuing an Addendum to Registered Bidders no later than 72 hours prior to the Bid Deadline.

In addition to the representations set forth in Section 9.1.3 of the Agreement between City and Contractor, AIA Document A101-2017 edition (“(“Agreement”), by submitting a Bid, Bidder represents: (1) that Bidder has read and understands the Bidding Documents; (2) the Bid is made in compliance with the Bidding Documents and is based upon the materials, equipment and systems required or permitted by the Bidding Documents; (3) that it has visited the Project site, familiarized itself with the local conditions under which the Work is to be performed; (4) that it has familiarized itself with the staging and material storage constraints of the Project site and surrounding public buildings and will confine its staging and storage operations to approved areas; (5) that it will, at all times, allow an unrestricted flow of pedestrian and vehicular traffic adjoining the Project site; (6) that it will coordinate its construction activities with other contractors performing work on the Project site including, but not limited to, any Separate Contractor hired by the City; and (7) that it has acknowledged and will adhere to the phasing and general requirement restrictions described in the contract drawing documents.

By submitting a Bid, Bidder represents that it (A) has reviewed all documents regarding site conditions, (B) will ensure employee protection, and (C) ensures that all cost of performing the Work are included in the Bid.

4. BIDDER ACKNOWLEDGMENT OF HAZARDOUS MATERIALS AND RELEASE FORM.

By submitting a Bid, Bidder acknowledges that it has read and understands the safety and training requirements and safety protocols required by the Contract Documents and Applicable Law, including EPA, SCAQMD, DHS, OSHA, and CalOSHA requirements. Bidder agrees to include the cost of compliance with all safety, training, physical examinations, respiratory protection, protective clothing and equipment, and hazardous material protocols in its Bid and to require its personnel, Subcontractors and suppliers are to strictly follow all safety protocols and procedures required by the Contract Documents and Applicable Law. Bidder agrees that it has read and understands and shall require all personnel to read and sign the Hazardous Activity Release form attached and incorporated herein by this reference.

5. OWNER’S RIGHT TO MODIFY BIDDING DOCUMENTS.

Before the Bid Deadline, the City may modify the Work, the Bidding Documents, or any portion(s) thereof by the issuance of written Addenda disseminated to all Registered Bidders. If the City issues any Addenda, the failure of any Bidder to acknowledge such Addenda in the Bid Form may render the bid non-responsive.

6. VALUE ENGINEERING.

The provisions of Section 4-1.07 - "Value Engineering," of the State Of California, California State Transportation Agency, Department of Transporation, Standard Specifications are hereby incorporated as part of these Specifications. A copy of aforementioned standard specifications can be found at: https://dot.ca.gov/programs/design/ccs-standard-plans-and-standard-specifications. The Contractor may submit to the Engineer, in writing, proposals for modifying the Plans, Specifications, or other requirements of the contract for the sole purpose of reducing the total cost of construction. The savings realized by the acceptance in whole or in part shall be shared with the Contractor in accordance with the provisions of said section.

7. TRADE NAMES AND OR EQUAL SUBSTITUTION OF EQUIVALENT MATERIALS

A. The materials, products and equipment described in the Bidding Documents establish a standard of required function, dimension, appearance and quality to be met by any proposed substitution. Whenever any particular material, process or equipment is indicated in the Contract Documents by patent, proprietary or brand name, or by name of manufacturer, such wording is used for the purpose of facilitating its description and shall be deemed to be followed by the words “or equal” unless the Invitation to Bid sets forth a finding in accordance with Public Contract Code Section 3400 that substitutions are not permitted for such particular material, product, thing or service.

https://dot.ca.gov/programs/design/ccs-standard-plans-and-standard-specifications https://dot.ca.gov/programs/design/ccs-standard-plans-and-standard-specifications

B. Bidders wishing to obtain authorization for an Or Equal Substitution of an equivalent material, product or equipment, shall submit all requests for Or Equal Substitution using the Substitution/Value Engineering Request Form, together with data substantiating Bidder’s representation that the non-specified item is of equal quality to the item specified on or before the deadline established in the Invitation to Bid unless modified by Addendum (i.e., at least seven (7) calendar days prior to the Bid Deadline).

C. Authorization of an Or Equal Substitution of equivalent materials is solely within the discretion of the Owner and, if given, shall be made by Addendum issued through the Owner. Bids shall not be based on any Or Equal Substitution request that has not been authorized in writing by Owner.

In the absence of a written Addendum authorizing the Or Equal Substitution request, the request shall be deemed denied. If an Or Equal Substitution request is not authorized by the Owner prior to the Bid Deadline, the Contractor receiving award of the Contract shall furnish and install the specified item.

D. Bidders shall refer to the appropriate provisions in the General Conditions for additional information regarding substitutions. In the absence of a written Addendum approving the request, a request for substitution shall be deemed denied.

8. PREPARATION OF BID

In order to receive consideration, Bids must be received beforethe Bid Deadline. Bids shall be submitted on the forms provided by the City. Bids submitted on any other forms may be rejected as non-responsive. All required submissions are identified in Bid Form. All information required in Bid forms must be completely and accurately provided. All blanks must be legibly executed in a non-erasable medium. If any Bidder makes any alteration, strike-through or otherwise deviates from any of the pre-printed Bid forms, or makes any qualifications of the Bid forms in separate documents submitted with the Bid, the Bid may be considered non-responsive. The Base Bid amount shall be stated in numerals where so indicated in the bid forms. Incomplete Bids may be rejected as non-responsive. Each Bidder is solely responsible for all costs and expenses incurred in preparing a Bid.

9. SIGNATURE

All Bid forms must be signed where so indicated by the person or persons duly authorized to sign on behalf of the Bidder and state the legal name of the Bidder and the nature of the legal form of business of Bidder. By signing the Bid Form, the person signing represents that he or she has legal authority to bind the Bidder to the Contract for the Work. Failure to sign the Bid form may invalidate the Bid.

10. BID FORM – STIPULATED SUM

A. Bidder Information and Certifications. The Bid Form must include: 1) Base Bid Price; 2) Alternate Bid Item price(s), if any; 3) Acknowledgement of receipt of all Addenda; 4) Certification of Inspection of the Site and Contract Documents; 5) Bidder’s Representations Regarding Insurance and Bonds; 6) Contractors License Certification; 7) Agreement to Time for Completion; 8) Agreement for Coordination with Separate Contractors; 9) Attachments required to be submitted with the Bid Form; and 10) Bidder’s legal name and business entity information providing evidence of legal authority to perform within the jurisdiction of the Work and signature(s) by authorized representatives under penalty of perjury. A Bid by a corporation shall give the state of incorporation. Each Bidder is solely responsible for all costs and expenses incurred in preparing a Bid. Failure to sign the Bid Form may invalidate the Bid.

B. Prices. All prices and totals provided by Bidder in the Bid Form are subject to verification and correction by the City. All Bid prices are deemed to include the cost of all materials, equipment, labor (at prevailing wage rates), transportation, delivery, installation, supervision, overhead, profit, licenses, fees, bonds, insurance, all sales, use and other taxes legally chargeable and all other costs and expenses incidental to the Work. See Section 3.7.1 of the General Conditions regarding permits.

11. BID SECURITY/ELECTRONIC BID BOND

As set forth in the Invitation to Bid, each Bid shall be accompanied by a bid bond/security in the form of a redeemable or callable electronic surety bond, meeting City requirements, in favor of the City of Pasadena executed by the Bidder as principal and a California Admitted Surety Insurer (as defined by California Code of Civil Procedure §§ 995.120 and 995.311) as surety, in an amount not less than 5% of the Base Bid without consideration of Alternate Bid Items, if any ("Bid Security"). The Bid Security shall be given as a guarantee that if awarded the Contract, the Bidder shall execute the Contract in conformity with the Contract Documents and shall provide the evidence of insurance, surety bonds and other documents as specified in the Contract Documents within fifteen (15) calendar days after award and City’s tender of the Contract. Any Bid submitted without Bid Security may be rejected as non-responsive.

The Bid Security will be held for one hundred eighty (180) calendar days after the Bid Deadline or until posting by the successful Bidder of the bonds and proof of insurance as may be required and return of executed copies of the Agreement forms, whichever first occurs, at which time the Bid Security will be returned. In the event that the successful Bidder withdraws its bid prior to the expiration of one hundred eighty (180) calendar days after the Bid Deadline, or attempts to withdraw its Bid when the requirements of Public Contract Code § 5101 et seq. are not met; or refuses or fails to execute said Contract and provide the required bonds and insurance within fifteen (15) days after award and City’s tender of the Contract, the Bid Security shall be deposited by the City of Pasadena in its treasury and under no circumstances shall be returned to the defaulting Bidder. In such event, City may award the Contract for the Work to a responsible Bidder submitting the next lowest responsive Bid or may call for new Bids in the City’s sole discretion.

PROJECT ID: 2023-IFB-AIA-159

12. SUBCONTRACTOR LISTING

A. Subcontractor Listing. Each Bidder shall submit a list of proposed Subcontractors, in accordance with the Subletting and Subcontracting Fair Practices Act, Public Contract Code Section 4100 et seq. and as required by Paragraph 3 of the Invitation to Bid. The City has furnished a form for this purpose. If additive Alternate Bid Items are included in the Bidding Documents, Bidder shall identify Subcontractors performing additive Alternate Bid Items when such Work or combination of base Contract Work and alternate work exceeds one-half of one percent of the total Bid Price. The City may require the three (3) lowest Bidders to submit additional information about listed Subcontractors or other Subcontractors after the Bid Deadline including, but not limited to, dollar value or percentage value of Work to be performed by each Subcontractor, telephone number, and other information pertinent to the Work. The apparent low, second low, and third low Bidders must submit a completed Project Workforce Utilization (Form AA-2) for each listed Subcontractor no later than 4:00 p.m. on the third business day following Bid deadline.

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

B. Work of Subcontractors. The organization or arrangements of the Specifications and Drawings shall not limit the extent of the Work of the Contract Documents. Accordingly, all Bidders are encouraged to disseminate all of the Specifications, Drawings, and other Contract Documents to all persons or entities submitting sub-bids to the Bidder. The omission of any portion or item of Work from the Bid Proposal or from sub-bids, which is reasonably inferable from the Contract Documents, is not a basis for adjustment of the Contract Sum or the Contract Time.

C. Bidder-performed Work. After the Bid Deadline, the City may require the three (3) lowest Bidders to submit information about Bidder-performed Work after the Bid Deadline including, but not limited to, dollar value or percentage value of Work to be performed by Bidder.

D. Ineligible Subcontractors. Subcontractors. The successful Bidder is prohibited from performing Work on the Project with any Subcontractor who is ineligible to perform work on a public works project pursuant to Sections 1777.1 or 1777.7 of the California Labor Code. This list of debarred contractors is available from the Department of Industrial Relations website at: http://www.dir.ca.gov/dlse/debar.html. Bidder shall submit a Declaration of Eligibility to Contract as part of the Bid certifying that Bidder has investigated the eligibility of each and every listed Subcontractor and has determined that none is ineligible to perform Work pursuant to the Labor Code.

13. DECLARATION OF NONCOLLUSION

A. Bid Form. The Declaration of Noncollusion, the form contained in the Bidding Documents, shall be signed, under penalty of perjury, certifying that the Bid is not the result of and has not been influenced by collusion. Any Bid made without such declaration, or believed to be made in violation thereof, may be rejected.

B. Bidders Interested in More Than One Bid. No individual, firm, partnership, corporation or other entity shall be allowed to make, or file, or be interested in more than one Bid;

provided, however, a person, firm or corporation that has submitted a sub-bid to a Bidder or that has quoted materials prices to a Bidder, is not thereby disqualified from submitting a sub-bid or quoting prices to other Bidders or from making a Bid as a prime Bidder. It is the intent of this subdivision to prevent collusion. There is no intention of prohibiting a Bidder from offering products or services under one separate section of the Bid and also bidding on the same products or services as a portion of a separate section of the same Bid where provision is made therein for separate prices or Alternate Bid Items.

14. PUBLIC CONTRACT CODE DISCLOSURES

Public Contract Code Section 10285.1 Statement, Section 10162 Questionnaire, and Section 10232 Statement, contained in the Bidding Documents as Public Contract Code Disclosures, shall be completed and signed, under penalty of perjury, disclosing the following:

The Contractor -http://www.dir.ca.gov/dlse/debar.html

• Has or has not been convicted by a court of competent jurisdiction of any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract;

• Has or has not been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation; and

• Has no more than one final unappealable finding of contempt of court that has been issued by a federal court against the Contractor within the immediately preceding two year period because of the Contractor's failure to comply with an order of the National Labor Relations Board.

Any Bid made without such declaration, or believed to be made in violation thereof, may be rejected.

15. DEBARMENT AND SUSPENSION CERTIFICATION

A. General. To the extent permitted by law, the Contractor receiving award of the Contract expressly agrees to comply with Executive Order 12549 and 13 CFR §400.109 “Govement-wide debarment and suspension (nonprocurement)”. A Contractor or Subcontractor who is debarred or suspended shall be excluded from Federal financial and nonfinancial assistance and benefits under Federal programs and activities. Debarment or suspension of a participant in a program by one agency shall have governmentwide effect.

B. Lower tier covered transactions. Except to the extent prohibited by law, subcontractors who have been proposed for debarment under 48 CFR part 9, subpart 9.4, debarred or suspended shall be excluded from participating as either participants or principals in all lower tier covered transactions.

C. Certification. A debarment and suspension certification for Federal-Aid contracts regarding debarment, suspension, proposed for debarment under 48 CFR part 9, subpart 9.4, ineligibility, or voluntary exclusion for covered transactions of a prospective bidder is required with the Bidder’s proposal. The Contractor, subcontractors, and any lower-tier subcontractors shall submit the certification form included as the Debarment and Suspension Certification Form.

16. FEDERAL LOBBYING RESTRICTIONS

A. General. Section 1352, Title 31, United States Code prohibits Federal funds from being expended by the recipient or any lower tier subrecipient of a Federal-Aid contract to pay any person for influencing or attempting to influence a Federal agency or Congress in connection with the awarding of any Federal-Aid contract, the making of any Federal grant or loan, or the entering into of any cooperative agreement. If any funds other than Federal funds have been paid for the same purposes in connection with this Federal-Aid contract, the recipient shall submit an executed certification and, if required, submit a completed disclosure form as part of the bid documents.

B. Disclosure Form. A nonlobbying certification for Federal-Aid contracts regarding payment of funds to lobby Congress or a Federal agency is included in the Bidder's proposal.

Standard Form LLL, "Disclosure of Lobbying Activities," with instructions for completion of the Standard Form is also included in the Bidder's Proposal. Bidder shall complete the certification form and submit with Bid. The above referenced certification and disclosure of lobbying activities shall be included in each subcontract and any lower-tier contracts exceeding $100,000. All disclosure forms, but not certifications, shall be forwarded from tier to tier until received by the Engineer.

The Contractor, subcontractors, and any lower-tier subcontractors shall file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed by the Contractor, subcontractors and any lower-tier subcontractors. An event that materially affects the accuracy of the information reported includes:

1. A cumulative increase of $25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered Federal action; or

2. A change in the person(s) or individual(s) influencing or attempting to influence a covered Federal action; or

3. A change in the officer(s), employees(s), or member(s) contacted to influence or attempt to influence a covered Federal action.

17. CONTRACTORS LICENSE.

The Bidder must possess a valid State of California Contractors License in the classification(s) specified in the Invitation to Bid at the time of the Bid Deadline, except as otherwise provided in California Business and Professions Code Section 7028.15, and at all times during performance of the Work. Subcontractors shall be licensed at all times during performance of the Work.

18. UNIQUE ENTITY ID (UEI) SAM.GOV

All federal financial assistance recipients must have a Unique Entity ID (UEI) number and an active registration with the System for Award Management (SAM) database at SAM.gov.

As of April 4, 2022, DUNS Numbers will no longer be used by federal agencies. As part of a governmentwide initiative, the Office of Management and Budget (OMB), directed all federal agencies to complete their transition to the Unique Entity ID created in SAM.gov. This transition allows the government to streamline the entity identification and validation process, making it easier for entities to do business with the federal government for your company does not have a UEI, you can obtain one by visiting https://sam.gov/content/entity-registration.

The SAM registration process may take several business days to complete. Therefore, the City recommends that the Bidder begin the registration process if bidder has not done so already.

or the purpose of complying with aforementioned requirements, the successful Bidder must complete the Unique Entity ID (UEI) form. This form must be submitted with the Bid. If you fail to submit this information with the Bid, the Bid may be deemed non-responsive.

19. CITY BUSINESS LICENSE

Prior to commencing the Work, the successful Bidder will be required, at its expense, to provide and maintain for the duration of the Contract, a valid City of Pasadena Business License.

Contractor shall also require all Subcontractors to procure and maintain the same valid license for the duration of the Contract.

A city business license is not required at time of bid, however, it is required for contract execution.

To obtain a city business license, visit https://www.cityofpasadena.net/finance/licenses/business-licenses/#applications.

Licenses can be applied for online or through the Municipal Services Division located at City Hall - 100 N. Garfield Avenue, Room N106, Pasadena, CA, 91109.

For any questions or assistance, contact…