Informal Selection - Spray-On Protective Coating Application and Repair Services Release Date: Tuesday, August 11, 2026

City of Pasadena Public Works Department, BSFMD

Informal Selection for Spray-On Protective Coating Application and Repair Services

2026-Informal-0478

1. Introduction

1. Summary

The City is seeking quotes or proposals for Spray-On Protective Coating Application and Repair Services as outlined in this SOLICITATION.

The Contractor may need to meet other certain minimum qualifications to propose on this specification..

2026-Informal-0478

The City of Pasadena Department of Public Works, Building Systems and Fleet Management Division (BSFMD), is seeking a qualified vendor to provide spray-on protective coating application and repair services for City-owned vehicles, trucks, equipment, components, and related surfaces on an as-needed basis.

Services may include new protective coating applications, recoating, touch-up work, and repair of existing spray-on protective coatings. This is an informal solicitation intended to establish a vendor for ongoing service needs throughout Fiscal Year 2027.

2. Background

The City of Pasadena operates and manages approximately 1,100 vehicles and equipment units in its Fleet. This includes light and medium-duty trucks and equipment that require protective bed liners and coatings to prevent damage from daily use. Spray-on coatings are used to protect vehicle beds and surfaces from abrasion, corrosion, and wear associated with hauling materials and equipment.

The City is seeking a vendor capable of providing consistent, high-quality application services to ensure long-term durability and performance.

3. Timeline

Release Project Date August 11, 2026

Question Submission Deadline August 18, 2026, 2:00pm

Submission Deadline August 25, 2026, 3:00pm

2. Instructions

1. NOTICE REGARDING DISCLOSURE OF CONTENTS OF DOCUMENT

All responses to this solicitation accepted by the City of Pasadena (City) shall become the exclusive property of the City. At such time as the City recommends a contractor, and such recommendation, with any recommended contract, all proposals 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 proposal which are defined by the contractor as business or trade secrets and plainly marked as "Trade Secret", "Confidential" or "Proprietary". Each element of a proposal which a contractor 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 or permitted under the California Public Records Act or otherwise by law, the City shall not in any way be liable or responsible for the disclosure of any such records or part thereof.

2. TERMS AND CONDITIONS OF PURCHASE ORDER CONTRACT

TERMS AND CONDITIONS OF PURCHASE ORDER CONTRACT

https://www.cityofpasadena.net/wp-content/uploads/sites/27/Terms-Conditions-of-Purchase- Order.pdf

3. Contract Duration

The Contract resulting from this proposal is scheduled to start 08/25/2026. The Contract resulting from this proposal is scheduled to end 06/30/2027.

4. 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.

5. 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.

6. PUBLIC CONTRACT CODE SEC. 9204 NEW PUBLIC WORKS CLAIMS PROCEDURE

https://www.cityofpasadena.net/wp-content/uploads/sites/27/Terms-Conditions-of-Purchase-Order.pdf https://www.cityofpasadena.net/wp-content/uploads/sites/27/Terms-Conditions-of-Purchase-Order.pdf https://www.cityofpasadena.net/wp-content/uploads/sites/27/Terms-Conditions-of-Purchase-Order.pdf

Observe attached details regarding Public Contract Code Section 9204. 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.

7. Quantities

The quantities contained in the documents are approximate only and are for the sole purpose of comparing proposals. The City may, in accordance with the specifications, request additional goods or services as necessary at the City's sole discretion, as increased by the unit price noted and payment will be made for the amount of goods or services actually provided as determined by the City and accepted at the unit prices noted in the proposal.

8. Standard terms and conditions

Prior to the award of any work hereunder, City and contractor shall enter into a written contract in substantially the form attached hereto with such revisions thereto as the City may determine necessary and appropriate. PROPOSERS responding to this SOLICITATION are strongly advised to review all the terms and conditions of the contract, and shall be deemed to have accepted them.

9. Funding Source

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

10. COST PROPOSAL: Cost Proposal Submittal

Parties interested in responding are required to submit their Cost Proposal with their Technical proposal (if one was required).

The pricing must include the total price proposed to accomplish all the performance and deliverables requested in this SOLICITATION, and offered by your firm. Each Proposer must submit a Price Proposal containing all costs associated with the technical proposal. The cost proposal shall describe both the total and the detailed price for which the consultant will commit to complete the total scope of work and end products. The cost proposal detail shall describe costs for each professional’s time, for the completion of each proposed task, and for all materials and supplies.

The fee information is relevant to a determination of whether the fee is fair and reasonable in light of the services to be provided. Costs shall include the proposed costs and, if necessary, the approximate number of hours to provide the services as described in your proposal. Any additional fees outside the scope of the agreement must be approved in writing before commencing services for said fees.

Vendor’s response must be inclusive of all costs and expenses associated with travel, lodging, and any other incidental costs. The City will not separately reimburse costs not included in the proposal.

11. Definitions

The words (A) "City", (B) "Department", (C) "Director", or (D) "Contractor", as used in this SOLICITATION, shall be understood to refer respectively to (A) the City of Pasadena, California; (B) the several departments therein; (C) the directors of the several City departments; or any of their properly authorized assistants; and ( D) the person, firm or corporation with whom the contract is made by said City or the agent or legal representative who may be appointed to represent such person, firm or corporation in the signing and performance of said contract.

12. Addenda

If any person contemplating submitting a proposal of the items or services listed herein is in doubt as to the true meaning of any part of this SOLICITATION, he/she may submit to the City representative(s) identified in the subsection named "Deadline for RFP Questions," above, a written request for an interpretation or correction thereof.

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

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

13. Ordering Authority

Work orders of products or services will be placed in writing by Daniel Adema, Superintendent, dadema@cityofpasadena.net; 626-744-4327. Any work orders made through any other methods or by any other individuals may not be accepted.

14. RELEVANT EXPERIENCE

Provide experience with governmental agencies for projects/contracts of similar scope and size.

Complete and submit the attached Relevant Experience Form with your proposal to demonstrate experience with projects/contracts of similar scope and size to that which is to be performed.

15. 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.

16. 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.

17. 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 re-deliver at no additional cost to the City.

18. Equivalents to Specifications

The material, equipment or service offered by the bidder will meet all requirements of this solicitation Questions requesting approval of equals must be submitted before the deadline for questions to the City contacts listed in the solicitation. 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 (Spray-On Protective Coating Application and Repair Services; 2026-Informal-0478), 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.

3. Specification

1. Purpose

The purpose of this informal solicitation is to establish a qualified vendor to provide spray-on protective coating application and repair services on an as-needed basis.

The selected vendor shall be capable of performing surface preparation and coating application in accordance with manufacturer standards. Services will be utilized to protect City-owned vehicles and equipment and ensure long-term durability and reliability.

2. Scope of Work

The Contractor shall provide spray-on protective coating services on an as-needed basis, including but not limited to:

• Surface preparation, including cleaning, sanding, and masking

• Application of spray-on protective coatings

• Coating of truck beds and other applicable surfaces

• Inspection and finishing of applied coatings

• Touch-up and repair of existing coatings, as needed

3. Minimum Protective Coating Requirements

The Contractor shall furnish a commercial-grade, high-performance spray-on protective coating suitable for use on fleet vehicles, trucks, equipment, and related components.

The coating shall be a two-component, 100% solids polyurea hybrid spray elastomer system, or approved equal, designed to provide a durable protective surface with resistance to abrasion, impact, moisture, chemicals, and operational wear.

The proposed coating shall, at minimum, meet the following requirements:

• Two-component formulation

• 100% solids

• Mix ratio of approximately 1:1 by volume

• Suitable for high-pressure spray application

• Suitable for application to properly prepared metal and other compatible substrates

• Capable of forming a durable, continuous protective surface

• Provide chemical and moisture protection

• Minimum tensile strength of 1,800 psi (pounds per square inch), ASTM (American Society for Testing and Materials) D412

• Minimum tear strength of 390 lbs./in., ASTM D624

• Minimum elongation of 90%, ASTM D412

• Minimum hardness of Shore D 49, ASTM D2240

• Maximum Taber abrasion loss of 25 mg per 1,000 cycles, ASTM D4060, CS-17 wheel with 1,000-gram load

• Chip resistance rating of 10, ASTM D3170

• Pass FMVSS 302 for flammability of interior materials

Chemical Resistance

The protective coating shall be suitable for fleet and equipment environments where coated surfaces may be exposed to automotive fluids, fuels, water, cleaning products, and other chemicals.

At a minimum, the proposed coating shall demonstrate resistance to substances commonly encountered during fleet operations, including:

• Automotive oil

• Diesel fuel

• Ethylene glycol

• Water

• Mineral spirits

• Sodium chloride/salt solutions; and

• Other comparable automotive or equipment-related fluids

4. Product Documentation

The Contractor shall identify the manufacturer and product proposed for use under this Contract.

The Contractor shall submit a current manufacturer’s Technical Data Sheet (TDS) demonstrating that the proposed coating meets or exceeds the minimum requirements identified in this Scope of Work.

Upon request, the Contractor shall also provide the current Safety Data Sheet (SDS), manufacturer application instructions, test results, certifications, or other supporting documentation necessary for the City to verify compliance.

The City reserves the right to reject a proposed product when the documentation submitted does not demonstrate compliance with the minimum requirements.

5. Contractor Experience

The Contractor shall have relevant experience providing spray-on protective coating application and repair services for vehicles, trucks, fleet equipment, commercial equipment, or similar applications.

Personnel performing the work shall be trained and experienced in surface preparation and application of the protective coating system proposed by the Contractor.

The Contractor shall provide the information required under Section 2.14. Relevant Experience to demonstrate its ability to successfully perform services of similar scope and complexity.

6. Performance Standards

The Contractor shall meet the following performance standards:

• All work shall be performed by trained personnel experienced in coating application

• Application shall follow manufacturer standards, specifications, and approved procedures

• Contractor shall ensure all work is completed in a safe, timely, and professional manner

• Coatings shall be applied evenly and free of defects such as bubbles, gaps, or improper adhesion

• Completed coatings shall provide durable, long-lasting protection

• Standard coating applications (ex. truck beds) shall be completed within two (2) to four (4) business days from the time the vehicle is received by the Contractor, unless otherwise approved by the City

• Contractor shall notify the City of any delays that may impact completion time and provide an updated estimated completion date

• Contractor shall make reasonable efforts to complete work within agreed-upon timeframes

Pickup and Delivery

The Contractor shall provide pickup and delivery of vehicles to and from the following location:

City of Pasadena – City Yards

323 W. Mountain Street

Pasadena, CA 91103

Pickup and delivery shall occur between 7:00 AM and 5:30 PM, Monday through Friday, excluding City holidays and scheduled closure dates. City closure dates may be found at:

https://www.cityofpasadena.net/city-closures/

The Contractor shall coordinate pickup and delivery times with the City in advance. The City reserves the right to designate an alternate pickup and delivery location within the City of Pasadena limits at no additional cost. All pickup and delivery services shall be provided at no additional cost to the City.

Service Response Times

The Contractor shall meet the following service response requirements:

Routine Service Requests

Contractor shall respond to service requests within 24 to 72 hours and schedule service accordingly.

4. Pricing Proposal

In response to the Request for Quotes for Spray-On Protective Coating Application and Repair Services 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.

https://www.cityofpasadena.net/city-closures/

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.

Line Item Description Quantity Unit of Measure

Unit Cost Total

1 Standard Truck Bed Liner Application (Short Bed)

12 Each

2 Standard Truck Bed Liner Application (Long Bed)

5 Each

3 Spray-On Coating Application - Other Surfaces (ex. toolboxes, steps, bumpers)

12 Each

4 Touch-Up/Repair of Existing Coating 1 Per Hour

TOTAL

5. City Requirements

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

1. Pasadena Operating Companies

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

2. Equal Employment Opportunity in Contracting

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

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

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

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

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

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

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

3. Declaration of Non-Collusion by Contractor

This form is only applied for formal solicitations $75,000 or more. The City requires that each bidder or proposer executes and submits to the City with the Bid/Proposal, the attached Declaration of Non Collusion in the #Bidder's Submittals/Checklist.

4. SAMPLE CONTRACT

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

5. CHANGE ORDER MANAGEMENT

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

6. Local Preferences

The City of Pasadena is committed to promoting the economic health and well being of its residents.

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

7. Pasadena Business License

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

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

https://procurement.opengov.com/governments/portal/pasadena/projects/291933/document?section=undefined

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

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

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

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

8. Invoice Submission Portal

Invoice Submission Portal

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

How to submit invoices to the City of Pasadena?

Create an account: Visit the City’s Invoice Submission website: https://invoice.cityofpasadena.net/ and select “Create Account”

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

9. Acceptance of Conditions

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

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

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

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

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

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

https://www.cityofpasadena.net/finance/licenses/business-licenses/ https://invoice.cityofpasadena.net/PortalGuide.pdf

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

10. Pasadena Living Wage Ordinance

If this purchase includes a service, and the contract total is at $25,000 or more, it is then subject to the City of Pasadena's Living Wage Ordinance, Pasadena Municipal Code Chapter 4.11. The ordinance requires that contractors providing labor or services to the City under contracts in excess of $25,000 pay no less than the City’s Living Wage to all employees who spend any of their time providing labor or delivering services to the City.

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

Failure to comply with the provisions of the Pasadena Living Wage Ordinance is grounds for termination of the contract and a basis for penalties as stated in Pasadena Municipal Code Chapter

4.11. Questions concerning the Pasadena Living Wage Ordinance should be directed to:

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

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

11. PAYMENT OF A CITY-WIDE MINIMUM WAGE

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

12. Errors and Omissions

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

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

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

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

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

15. Certificate of Insurance

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

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

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

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

17. LIMITATIONS ON LIABILITY

Bidders acknowledge that they shall provide the goods and/or services without monetary limitations on liability. If Bidders take exception to this requirement, Bidders shall expressly state any exceptions, including the proposed limits of liability, (a) in detail; (b) as a separate line item; and (c) not part of any form documents submitted. Bidders acknowledge that any exceptions may result in a finding of non-responsivness.

18. Recycled Product Procurement Mandates Pertaining to Local Governments [22150 - 22154] This section is only applied when buying paper products.

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

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

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

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

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

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

The Levine Act precludes an officer of a local government agency, including an elected official, from participating in the award of a contract if he or she receives any political contributions totaling more than $250 in the 12 months preceding the pendency of the contract award, and for 12 months following the final decision, from the person or company awarded the contract. Proposers should ensure their employees, agents, and consultants are aware of the requirements of the Levine Act before the proposal is submitted, so as to avoid inadvertent violations.

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

20. AVAILABILITY OF FUNDS

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

21. Addenda

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

Any interpretation or correction of City specifications will be made only by addendum, duly issued by the City representative(s) identified in this solicitation, above. Addenda (if any) shall be made available on the City's eProcurement system, and sent to each vendor included on the "Followers" list in the City's eProcurement system. A vendor's failure to address the requirements of any and all addenda may result in the response (proposal or bid, or alike) not being considered. If the City determines that a time extension is required for the proposal, the City will issue an addendum that will give the new submission date. The vendor is responsible to register on the City's eProcurement Portal and follow the project named Spray-On Protective Coating Application and Repair Services in order to be included in the "Followers" list in the City's eProcurement system to insure they receive all documents including addendums which are available as a download.

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

6. Insurance Requirements

1. Insurance Requirements

SEE ATTACHED INSURANCE REQUIREMENTS

7. 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.

8. 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.