SPECIAL_EVENT_BARRICADES.pdf

COMPETITIVE BID

FURNISH AND DELIVER

SPECIAL EVENT BARRICADES

FOR THE

PUBLIC WORKS DEPARTMENT

CITY OF PASADENA, CALIFORNIA

Competitive Bid - SPECIAL EVENT BARRICADES Release Date: Monday, October 21, 2024

Attachments:

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

1. Instructions to Bidders

1. Summary

Notice is hereby given that the City of Pasadena is calling for sealed bids for the Public Works Department and will receive sealed bids prior to but not later than 2:00 pm, Wednesday, November 6, 2024 and will electronically unseal and make them available online (https://procurement.opengov.com/portal/pasadena) for this solicitation named "SPECIAL EVENT BARRICADES" Project ID: 2024-IFB-MS-0503.

Submittal Instructions

Bids will be received via the City's eProcurement Portal. A bid received after the time set for the bid opening shall not be considered. Bidders are required to submit (upload) all items listed in the #Bidder's Submittals/Checklist. Addenda shall be acknowledged via the City's eProcurement Portal. Bids will be received prior to 2:00 pm on Wednesday, November 6, 2024 and will be opened online at that time.

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

https://procurement.opengov.com/portal/pasadena/projects/102615

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

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

• PROJECT TITLE: SPECIAL EVENT BARRICADES

• DEPARTMENT: Public Works Department

• RELEASE DATE: Monday, October 21, 2024

• CONTACT: Eva Monroy

Purchase of special event barricades.

2. Contact Information

Dealine for Questions

The deadline to submit questions related to this solicitation is Monday, October 28, 2024, prior to 2:00 pm.

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

https://procurement.opengov.com/portal/pasadena https://procurement.opengov.com/portal/pasadena https://procurement.opengov.com/portal/pasadena/projects/10261502615/document?section=undefined https://procurement.opengov.com/portal/pasadena/projects/102615 https://procurement.opengov.com/portal/pasadena

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

Eva Monroy Management Analyst III Email: emonroy@cityofpasadena.net Phone: (626) 744-3793 Department:

Public Works 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 2:00 pm onWednesday, November 6, 2024.

Release Project Date October 21, 2024

Question Submission Deadline October 28, 2024, 2:00pm

Bid Submission Deadline November 6, 2024, 2:00pm mailto:emonroy@cityofpasadena.net tel:(626)744-3793

2. Notice Inviting Bids

For

SPECIAL EVENT BARRICADES

Notice is hereby given that the City of Pasadena is calling for sealed bids for the Public Works Department and will receive sealed bids prior to 2:00 pm, Wednesday, November 6, 2024 and will electronically unseal and make them available online (https://procurement.opengov.com/portal/pasadena) for this solicitation named "SPECIAL EVENT BARRICADES" Project ID: 2024-IFB-MS-0503.

1. Summary

Purchase of special event barricades.

2. Delivery Instructions

Bids will be received via the City's eProcurement Portal (https://procurement.opengov.com/portal/pasadena). A bid received after the time set for the bid opening shall not be considered. Bidders are required to submit (upload) all items listed in the Bidder's Submittals/Checklist. Bids will be received prior to the time and date in this Notice Inviting Bids and will be opened online at that time.

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

https://procurement.opengov.com/portal/pasadena/projects/102615

Addenda shall be acknowledged via the City's eProcurement Portal (https://procurement.opengov.com/portal/pasadena/projects/102615). Refer to the Specifications for complete details and bidding requirements. The Specification and this Notice shall be considered a part of any contract made pursuant thereunder.

3. Pre-bid Conference

See the Timeline in the section named "Instructions to Bidders." If there is a Mandatory pre-bid meeting, bidders are required to attend at the time, date, and location included in the Timeline Instructions to Bidders of this solicitation. If there is a Non-Mandatory pre-bid meeting, bidders not required to attend.

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

4. Deadline for Questions

The deadline to submit questions related to this solicitation is Monday, October 28, 2024, prior to 2:00 pm.

https://procurement.opengov.com/portal/pasadena https://procurement.opengov.com/governments/portal/pasadena/projects/102615/document?section=934222 https://procurement.opengov.com/portal/pasadena/projects/102615 https://procurement.opengov.com/portal/pasadena/projects/102615 https://procurement.opengov.com/governments/portal/pasadena/projects/102615/document?section=934216 https://procurement.opengov.com/governments/portal/pasadena/projects/102615/document?section=934216

Questions regarding this solicitation should be submitted directly through the City's eProcurement Portal (https://procurement.opengov.com/portal/pasadena) Q&A function. Do not contact any other City employee or official regarding this solicitation. Any questions submitted after the date and time specified may not be considered.

5. Release Date

Release Dated: Monday, October 21, 2024

MIGUEL MÁRQUEZ

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

3. General Specifications

1. BID PROPOSAL QUANTITIES

The quantities contained in the bid documents are approximate only and are for the sole purpose of comparing bids. The City may, in accordance with the specifications, order more equipment and/or materials as necessary at the City's sole discretion, as increased by the unit price noted and payment will be made for the amount of material actually provided as determined by the City and accepted at the unit prices noted in the bid.

2. EVALUATION OF BID

Bids will be evaluated based on the lowest Grand Total Price submitted in the Bidders' Proposal.

The contract award will be made from among responsive and responsible bidders. In case of a discrepancy between the unit prices and item total, the unit price shall govern. In the event of a discrepancy between the item totals and the grand total price the item totals shall prevail. The prices will be subject to adjustment by the City on that basis in the event of discrepancy and bid awarded.

3. Local Bidders; Refund of Sales and Use Tax

For the purpose of determining the lowest bidder on a contract for materials and supplies only, 1.75% of that portion of the bid subject to sales or use tax shall be deducted from any bid where it is determined that if such bidder were awarded the contract, the City would receive a refund of the 1.75% sales and use tax pursuant to the Uniform Sales and Use Tax Ordinance of the City of Pasadena.

4. Award of Bid and Determination of Responsiveness

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

• The quality of the material offered;

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

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

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

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

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

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

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

5. PRICE ADJUSTMENTS

At the conclusion of the first contract year and prior to the commencement of the second contract year or any subsequent contract extension period, the contractor may request unit price increases. Under no circumstances shall the City accept price increases, which exceed the rate of the then current Consumer Price Index (C.P.I.) for the latest available preceding 12 month period.

6. 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.

7. 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.

8. 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.

9. DURATION OF CONTRACT

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

10. WARRANTY

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

The Contractor shall transfer to the City the manufacturer's warranty or guarantee for each item delivered or installed under the Contract. Where applicable, the City shall be named as owner-beneficiary in any such warranty or guarantee. The Contractor shall ensure that each warranty or guarantee is in full force and effect from the date the City commences operation and use of the item. All such manufacturer's warranties or guarantees shall be in addition to the Contractor's warranty under this Contract.

11. DEFECTIVE MATERIALS:

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

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

12. RECEIVING AND INSPECTION:

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

13. Equivalents to Specifications

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

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

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

14. Protest Procedure

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

15. Funding Source

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

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

4. Insurance Requirements

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

5. Bid Specifications

1. SCOPE OF SERVICES

To supply the following materials:

(1) Standard 1" thick X 8" wide X 16' long barricade board with reflective white and orange striping on both sides of the board. Stencil on both sides of the board in black two inch letters "CITY OF PASADENA STREET MAINTENANCE". Board shall be of wood material, not plastic molded. Wood composite is acceptable Engineering grade for reflective striping.

(2) Barricade legs, plastic "A" frame type. Manufacturer: HSI PRODUCTS. Stencil in black "CITY

OF PASADENA STREET MAINTENANCE". PHOTO BELOW IS FOR REFERENCE

2. DELIVERY

Materials ordered shall be delivered no later than December 1. The delivery shall be coordinated with assigned Public Works Superintendent.

3. DELIVERY LOCATION

City of Pasadena, Public Works Yards, 233 W Mountain Street, Pasadena, California 91103. Delivery shall be made Monday-Thursday, between the hours of 07:00 AM and 02:00 PM. The delivery shall be coordinated with the assigned Public Works Superintendent.

6. General Instructions

1. Pre Submittal Meeting

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

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

2. Vendor Must Make Thorough Investigation

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

3. Acceptance of Conditions

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

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

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

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

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

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

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

4. Truth and Accuracy of Representation https://procurement.opengov.com/portal/pasadena/projects/102615?section=undefined

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

5. City Changes to the Solicitation Documents

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

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

6. Addenda

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

Any interpretation or correction of City specifications will be made only by addendum, duly issued by the City representative(s) identified as the "Project Contact" (Eva Monroy), above.

Addenda (if any) shall be made available to each Proposer. A bidder's/proposer's failure to address the requirements of any and all addenda may result in the proposal not being considered. If the City determines that a time extension is required for the proposal, the City will issue an addendum that will give the new submission date. The bidder/proposer is responsible to register on the City's eProcurement Portal and follow the project, SPECIAL EVENT BARRICADES, to insure they receive all RFP documents including addendums which are available as a download.

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

7. Notice Regarding Disclosure of Contents of Document

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

8. Award of Bid and Determination of Responsiveness

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

A. The quality of the material offered;

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

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

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

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

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

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

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

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 lowest bidder on a contract for materials and supplies only, 1.75% of that portion of the bid subject to sales or use tax shall be deducted from any bid where it is determined that if such bidder were awarded the contract, the City would receive a refund of the 1.75% sales and use tax pursuant to the Uniform Sales and Use Tax Ordinance of the City of Pasadena.

13. 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.

14. 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.

15. Equivalents to Specifications

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

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

During the question and answer period for this solicitation (SPECIAL EVENT BARRICADES; 2024- IFB-MS-0503), the City reserves the right to determine whether equivalents meet the bid specifications of the City, and are equal to the manufacturer specified or the stated technical specifications. The decision of the City regarding equality shall be final.

16. Protest Procedure

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

https://secure.procurenow.com/portal/pasadena/projects/102615?section=undefined

7. Bidder's Proposal

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

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

INSTRUCTIONS:

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

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

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

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

https://procurement.opengov.com/portal/pasadena https://procurement.opengov.com/portal/pasadena/projects/102615/document?section=934222 https://procurement.opengov.com/portal/pasadena/projects/102615/document?section=undefined

Line Item Description Quantity Unit of Measure

Unit Cost Total

1A STANDARD 1" THICK X 8" WIDE X 16'

LONG BARRICADE BOARDS WITH

REFLECTIVE WHITE AND ORANGE

STRIPING ON BOTH SIDES OF THE

BOARD [*]

400 EACH

1B STENCIL ON BOTH SIDE OF THE BOARD

IN TWO INCH LETTERS "CITY OF

PASADENA STREET MAINTENANCE"

800 EACH

2A HSI PRODUCTS BARRICADE LEG,

PLASTIC "A" FRAME TYPE. UNIT OF

MEASURE "PAIR" IS A SET OF TWO. [*]

400 PAIR

2B STENCIL IN BLACK "CITY OF PASADENA

STREET MAINTENANCE"

800 LOT

3 DELIVERY 1 LOT

[*] Denotes item is taxable

Sales Tax (@ 10.25%)

TOTAL

8. Bidder's Submittals/Checklist

1. Acknowledgements

a) Acknowledgement* By submitting this bid the proposer hereby certifies under penalty of perjury of the laws of the State of California that all representations made in the documents that comprise the proposal for SPECIAL EVENT BARRICADES due on Wednesday, November 6, 2024 are true and correct to the best of my knowledge at the time of the proposal’s submission.

By confirming, the bidder is acknowledges the following:

• We have reviewed and agreed to all of the documents contained in this solicitation and understands that the City will not be responsible for any errors or omissions on the part of the vendor in making up this bid or proposal.

• The representations herein are made under penalty of perjury.

• We hereby offer to sell the City of Pasadena the materials, products, and/or services at the prices shown and under the terms and conditions included hereon or attached or referenced.

☐ Please confirm *Response required

b) Prices must be valid for 120 days* Each bidder must bid on the items shown in the Bidder’s Proposal. 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.

☐ Please confirm *Response required

c) Confirmation, if You are the Recommended Company* Subsequent to the closing of this solicitation, but prior to contract award, the recommended vendor will be required to provide the following documents within 10 calendar days of being notified, otherwise the submitted proposal may be deemed non-responsive.

Please confirm that you will provide the following per these instructions.

• Request for Taxpayer Identification Number and Certification (IRS Form W-9)

• Pasadena Business License (if required)

• Any Required Licenses or Certifications

• All Insurance Requirements in this Solicitation (IF REQUIRED)

☐ Please confirm *Response required

2. Forms

d) AA1; AA2; AA3; Signature & Legal Status; and Declaration of Non-Collusion* If your submittal does not include all of the below items, it may be deemed non-responsive.

• Each Bidder must submit a completed Form AA-1. Failure to submit this form may result in automatic disqualification. (Copy attached)

• Form AA-2 is required to be submitted for projects involving labor or services in excess of $25,000. (Copy attached)

• Form AA-3 is Optional. (Copy attached)

• A completed and signed "Declaration of Non-Collusion." (Copy attached)

• Signature Page and Legal Status (Copy attached)

• REQUIRED_FORMS_-_AAs_-_SIG-...

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9. Public Contract Claims Procedure

PUBLIC CONTRACT CODE SECTION 9204 PUBLIC WORKS CLAIMS PROCEDURE

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SECTION 1.

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

9204.

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

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

(c) For purposes of this section:

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

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

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

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

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

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

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

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

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

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

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

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

The Department of General Services as to all other projects.

The High-Speed Rail Authority.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SEC. 2.

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

SEC. 3.

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

10. Sample Contract

TERMS AND CONDITIONS OF PURCHASE ORDER CONTRACT

https://www.cityofpasadena.net/wp-content/uploads/sites/27/Terms-Conditions-of-Purchase- Order.pdf https://www.cityofpasadena.net/finance/wp-content/uploads/sites/27/Terms-Conditions-of-Purchase-Order.pdf?v=1648848527357 https://www.cityofpasadena.net/finance/wp-content/uploads/sites/27/Terms-Conditions-of-Purchase-Order.pdf?v=1648848527357 https://www.cityofpasadena.net/finance/wp-content/uploads/sites/27/Terms-Conditions-of-Purchase-Order.pdf?v=1648848527357

11. Submittal Instructions

1. Early Preparation for Submission

We value your participation in this solicitation and want to ensure you have every opportunity to present your response in the manner instructed in this solicitation. It is important that you submit a complete response prior to 2:00 pm on Wednesday, November 6, 2024 through this eProcurement portal. We strongly advise against waiting to within the last three days of the submittal deadline to begin working on your response. Starting early on your response increases time to:

• Thoroughly review all requirements and the entire solicitation document.

• Gather, organize, and complete the necessary documents for submittal.

• Address any unforeseen technical issues that may arise during the preparation or submittal of your response.

Delaying your response may result in errors, or can cause you to miss the submission deadline. Either of which can negatively impact your submittal or cause your submittal to not be accepted.

2. Training Resources for Vendors:

Screen Shots:

Instructions for the new eProcurement System: The following link will help you Get Started (https://opengov.my.site.com/support/s/article/c7a5affa-e073-4d5a-8d87-b6eadcf343a9) and will include vendor guides for using the system. Below are additional screen shots for support.

All Video Guides: OpenGov Procurement Vendor Training

1. New Supplier Account

2. Submit a Bid or Proposal

3. Updating Your Company Designation on a Solicitation

4. Vendor Selection of Category Codes

5. How To Subscribe To Organizations And Find Active RFPs & Bids

6. Login Process

7. How to Edit or Withdraw your Proposal after it's been Submitted

8. How to Submit a Question

9. Viewing Bid Results

Video Trainings…