Tent_and_Furniture_Rentals_(Addendum_#1_Revision).pdf

COMPETITIVE BID

FURNISH AND DELIVER

TENT AND FURNITURE RENTALS

FOR THE

ROSE BOWL

CITY OF PASADENA, CALIFORNIA

Competitive Bid - Tent and Furniture Rentals Release Date: Wednesday, February 21, 2024

Attachments:

A - Master Labor and Materials Contract - 12-29-21 B - REQUIRED_FORMS_-_AAs_-_SIG-LEGAL-STATUS_-_DECLARATION_OF_NONCOLUSION 11032022

D - MATERIAL AND LABOR BOND FORM

E - FAITHFUL PERFORMANCE BOND FORM

1. Notice Inviting Bids

For

Tent and Furniture Rentals

Notice is hereby given that the City of Pasadena is calling for sealed bids for the Rose Bowl and will receive sealed bids prior to 2:00 pm, Wednesday, March 20, 2024 and will electronically unseal and make them available online (https://procurement.opengov.com/portal/pasadena/projects/81108) for this solicitation named "Tent and Furniture Rentals" Project ID: 2024-IFB-LM-0140.

1. Summary

The Rose Bowl Operating Company (RBOC) is seeking to secure the services of a qualified firm to provide tent and furniture rentals for the Rose Bowl Stadium and adjacent Brookside Golf Courses for all Major Events and specified Community and Enterprise Events. The Rose Bowl Stadium is an 89,766-seat outdoor stadium and is the venue for UCLA home football games, the annual Rose Bowl Game®, international soccer games, large concerts and multi-day music festivals. “Major Events” are defined as those events where attendance is in excess of 20,000 patrons. An average of twenty-five (25) Major Events take place at the Stadium each year. In addition, services will be needed for approximately fifteen (15) Enterprise and Community Events.

The initial term of the contract is for one (1) year, commencing on July 1, 2023, with two (2) one-year options to renew, at the sole discretion of the RBOC Chief Executive Officer / General Manager with all terms and conditions of the initial term of the contract applying to any such extensions. Additional information regarding contract scope, terms and other conditions are contained in this document.

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 Submittals/Checklist. Bids will be received prior to 2:00 pm on Wednesday, March 20, 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/81108

Addenda shall be acknowledged via the City's eProcurement Portal. 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 https://procurement.opengov.com/portal/pasadena/projects/81108 https://procurement.opengov.com/portal/pasadena https://procurement.opengov.com/portal/pasadena https://procurement.opengov.com/portal/pasadena/projects/81108?section=723672 https://procurement.opengov.com/portal/pasadena/projects/81108

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 Wednesday, March 6, 2024, prior to 5:00 pm.

Questions regarding this solicitation should be submitted directly through the City's eProcurement Portal Q&A function. Do not contact any 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: Wednesday, February 21, 2024

MIGUEL MÁRQUEZ

City Manager https://procurement.opengov.com/portal/pasadena/projects/81108?section=723675 https://procurement.opengov.com/portal/pasadena/projects/81108?section=723675 https://procurement.opengov.com/portal/pasadena

2. Instructions to Bidders

1. Summary

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, March 20, 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/81108

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.

• DEPARTMENT: Rose Bowl

• RELEASE DATE: Wednesday, February 21, 2024

• CONTACT: Jenessa Castillo

The Rose Bowl Operating Company (RBOC) is seeking to secure the services of a qualified firm to provide tent and furniture rentals for the Rose Bowl Stadium and adjacent Brookside Golf Courses for all Major Events and specified Community and Enterprise Events. The Rose Bowl Stadium is an 89,766-seat outdoor stadium and is the venue for UCLA home football games, the annual Rose Bowl Game®, international soccer games, large concerts and multi-day music festivals. “Major Events” are defined as those events where attendance is in excess of 20,000 patrons. An average of twenty-five (25) Major Events take place at the Stadium each year. In addition, services will be needed for approximately fifteen (15) Enterprise and Community Events.

The initial term of the contract is for one (1) year, commencing on July 1, 2023, with two (2) one-year options to renew, at the sole discretion of the RBOC Chief Executive Officer / General Manager with all terms and conditions of the initial term of the contract applying to any such extensions. Additional information regarding contract scope, terms and other conditions are contained in this document.

2. Contact Information https://procurement.opengov.com/portal/pasadena https://procurement.opengov.com/portal/pasadena/projects/81108?section=723672 https://procurement.opengov.com/portal/pasadena/projects/81108

Project Contact:

Jenessa Castillo Chief Operations Officer Email: jcastillo@rosebowlstadium.com Phone: (626) 577-3104 Procurement Contact:

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

Rose Bowl

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, March 20, 2024.

Release Project Date February 21, 2024

Pre-Bid Meeting (Mandatory) February 29, 2024, 10:30am Rose Bowl Stadium Conference Room B

Question Submission Deadline March 6, 2024, 5:00pm

Bid Submission Deadline March 20, 2024, 2:00pm mailto:jcastillo@rosebowlstadium.com tel:(626)577-3104 mailto:awatson@cityofpasadena.net tel:(626)744-8382

3. General Instructions

1. General Bid Requirements

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

2. Required Licenses

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

3. Performance Bonds

Performance Bonds Required: 100%

4. Labor & Materials Bonds

Labor & Materials Bonds Required: 100%

5. Special Requirements for 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.

6. Bidder Must Make Thorough Investigation

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

7. Acceptance of Conditions

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

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

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

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

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

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

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

8. Truth and Accuracy of Representation

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

9. RBOC/City Changes to the Bid Documents

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

Addenda shall be acknowledged via the City'seProcurement Portal for the project named "Tent and Furniture Rentals." Project ID: 2024-IFB-LM-0140. Bidders can view a list of addenda released by the City by clicking on "Addenda & Notices." While drafting a response, there will be a required section for "Addenda Confirmation" where bidders must acknowledge each addenda released.

10. Notice Regarding Disclosure of Contents of Document https://procurement.opengov.com/governments/530/portal/pasadena

All bids accepted by the City at the time of bid opening shall become the exclusive property of the RBOC/City. Upon opening, all bids accepted by the RBOC/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 RBOC/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 RBOC/City shall not in any way be liable or responsible for the disclosure of any such records or part thereof.

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

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

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 (#Public Contract Claims Procedure), effective January 1, 2017, specifies new procedural requirements for claims submitted by a contractor on any public works project.

15. Protest Procedure

This procedure specifies the process to be utilized by the RBOC in resolving protests regarding this solicitation. In order for a protest to be considered by the RBOC, it must be submitted in accordance with the procedures outlined in the FORMAL SOLICATION PROTEST PROCEDURE found at the following link: (https://rosebowl.s3.us-west- 2.amazonaws.com/bfa72efc899848f79983c6581cc77f2f.pdf). A protest submitted that is not in accordance with this procedure, may be returned to the submitting party without any further action by the RBOC/City of Pasadena.

https://procurement.opengov.com/governments/530/portal/pasadena/projects/81108?section=723686 https://rosebowl.s3.us-west-2.amazonaws.com/bfa72efc899848f79983c6581cc77f2f.pdf https://rosebowl.s3.us-west-2.amazonaws.com/bfa72efc899848f79983c6581cc77f2f.pdf

4. 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.

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 at $25,000 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 bidder or proposer will be required to enter into with the City is attached hereto and by this reference incorporated herein and made part of these specifications.

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.

• 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 https://procurement.opengov.com/governments/portal/pasadena/projects/81108?section=undefined https://www.cityofpasadena.net/finance/licenses/business-licenses/

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

How to submit invoices to the City of Pasadena?

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

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

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

9. 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;

• 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. 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;

https://invoice.cityofpasadena.net/PortalGuide.pdf

• 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;

11. 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.

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.

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

14. Taxes

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) 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

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.

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.

5. General Specifications

1. BID PROPOSAL QUANTITIES

The quantities contained in the bid documents are approximate only and are for the sole purpose of comparing bids. The RBOC/City may, in accordance with the specifications, order more equipment and/or materials as necessary at the RBOC/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 RBOC/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 RBOC/City on that basis in the event of discrepancy and bid awarded.

3. 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 RBOC/City;

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

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

4. SAMPLE CONTRACT

A sample of the contract the successful bidder will be required to enter into with the RBOC/City is attached hereto and by this reference incorporated herein and made part of these specifications.

5. 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.

6. 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.

7. PAYMENT

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

8. INSURANCE

Proof of insurance is not required to be submitted with your bid, but will be required prior to the RBOC/City's award of the contract. A copy of the City standard is included in the attachments.

9. DURATION OF CONTRACT

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

10. System for Award Management (SAM.Gov)

Prior to contract award, the lowest responsive and responsible bidder must provide an active registration with "Sam.Gov." Vendors seeking to register can register for free at the following link: https://sam.gov/content/entity-registration

11. CONTRACT BONDS

The Bidder to whom a contract is awarded shall file the bonds specified by Section 2-4, "Contract Bonds," of the Standard Specifications before execution of the contract. The term "Contract Price" shall be deemed to mean the total contract "not to exceed" amount consisting of the base bid stated in the Bidder's Proposal plus such additional amounts provided for adjustments to the estimated quantities contained in the Bidder's Proposal and for extra work covered by approved change orders, if any. See Section P-2-4 of the Pasadena Supplements.

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

12. PROTECTION OF WORK, MATERIALS AND EQUIPMENT

The Contractor shall bear all risk of loss or damage to the work until its final completion and acceptance by the RBOC/City. In this connection, the Contractor shall be responsible for proper storage and handling of all materials, including those materials furnished by the RBOC/City, and for the care of all work until such final completion and acceptance. The Contractor shall, at its own expense, promptly replace material damaged or lost during this period, and shall repair any portion of the work damaged during this period. If the Contractor neglects or refuses to do so, the RBOC/City may do so at the Contractor’s expense. However, the Contractor shall not be responsible for damage exceeding five percent of the Contract amount from Acts of God as defined in California Government Code Section 4151, such as earthquakes in excess of magnitude 3.5 on the Richter Scale, provided such damaged work was done according to the Specifications. Contractor shall not sell, assign, mortgage, hypothecate or remove equipment or materials which have been installed or delivered, and which may be necessary for the completion of the work, without written consent of the General Manager.

13. CLEANUP

The Contractor shall keep the site free from accumulation of waste materials, rubbish and debris at all times. Upon completion of the work, the Contractor shall remove from the site all tools, equipment, temporary structures, unused materials, concrete forms, scaffolding, rubbish and other materials belonging to the Contractor or used under its direction during construction, and shall leave the site broom clean, unless the General Manager specifies otherwise. In the event the Contractor fails to clean up as required by these Specifications, the RBOC/City may perform such cleanup work at the Contractor’s expense; the Contractor and its sureties shall be liable for such expense.

14. CONTRACTORS QUALITY CONTROL

The Contractor shall be responsible for providing quality control measures to assure that all work is done in accordance with the Contract documents and any product manufacturer’s recommendations.

If, in the opinion of a City Inspector or Representative, the Contractor is not providing quality control, further repair work may be suspended in part or in whole. Repair work shall only be allowed to commence once the Contractor has demonstrated satisfactory improvement in quality control procedures and repair results.

6. Bid Specifications

1. Scope of Work

It is the intent of Rose Bowl Operating Company (RBOC), hereinafter named as Owner to execute a contract between the Owner and Tenting Supplier (“Contractor”) capable of providing the specified materials and quantities listed herein to the RBOC. Contractor must be able to provide the materials with four or five days’ lead time. Contractor must be able to deliver and pick up equipment.

Bidder would be required to provide the specified materials for all “Major Events” held at the Stadium. Major Events are defined as those events where attendance is in excess of 20,000 patrons. Bidder would be required to provide golf carts for an average of twenty-five (25) Major Events, and a minimum of fifteen (15) Enterprise Events (ex. Private parties, corporate meetings, etc.) and for extended periods where indicated.

For the listing of specified materials, please see attached price matrix, Attachment “A.”

2. Compensation

Fees and rates made part of the contract document are to remain firm for the original performance period. For any renewal year, fees and rates may be adjusted to reflect changes in the Consumer Price Index (Urban Consumers Index for the Los Angeles — Anaheim; Riverside Area or any successor index issued by the Federal Government) for the six (6) months immediately preceding the renewal year, in comparison to the previous year, but shall not exceed 3% annually.

I. Invoices and Payment

A. Invoices are to be submitted no later than 30 days to RBOC Accounts Payable after services have been rendered.

B. All charges are to be identified by assignment, areas, hours, and reimbursable expenses itemized and listed separately.

C. Payment for the RBOC approved invoice will be paid within 30 days of receipt.

3. Stadium Investment

The successful proposer will be required to make an annual investment in premium seating inventory, stadium sponsorship and/or Legacy donor pledge consisting of a minimum annual cost of $12,500 (equal to the purchase of four (4) club seats for the UCLA Home Football season and Tournament of Roses, Rose Bowl Game). A detailed description of the investment opportunities available is attached (Attachment B).

7. Bidder's Proposal

To the Rose Bowl Operating Company Board of Directors

In response to the Notice Inviting Bids forTent and Furniture Rentals 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 RBOC/City in writing.

INSTRUCTIONS:

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

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

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

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

SOCCER MATCHES

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

Line Item Description Quantity Unit of Measure

Unit Cost Total

ADMIN

1 Stanchion, Retractable Belt Head, 7'

90 EACH

2 Stanchion, Chrome [*] 90 EACH

3 Light, LED, 1500 Lumen [*] 11 EACH

4 Light, HI Bays, 100Watt [*] 17 EACH

5 Elec. Cord 25' [*] 11 EACH

6 Elec. Cord 50' [*] 17 EACH

CANOPY

7 20'x20', Kwik, White, Exp [*] 1 EACH

8 20'x40', Pagoda, White [*] 6 EACH

9 20'x30', Pagoda, White [*] 1 EACH

10 20'x20', Pagoda, White [*] 4 EACH

11 10'x20', Pagoda, White [*] 2 EACH

12 15'x15', Pagoda, White [*] 5 EACH

13 10'x10', Pagoda, White [*] 8 EACH

14 8'x8', Pagoda, White [*] 1 EACH

15 Sidewall, 3'x7', White [*] 1 EACH

16 Sidewall, 3'x10', White [*] 20 EACH

17 Sidewall, 8"x7', White [*] 2 EACH

18 Sidewall, 8'x10', White [*] 6 EACH

19 Sidewall, 8'x15', White [*] 1 EACH

20 Sidewall, 8'x20', White [*] 8 EACH

21 Hardware, Sand Bags [*] 50 EACH

22 Hardware, 150lb Cement Block [*] 38 EACH

23 Hardware, 150lb Cement Block Cover

38 EACH

Line Item Description Quantity Unit of Measure

Unit Cost Total

24 Hardware, 350lb Cement Block [*] 46 EACH

25 Hardware, 350lb Cement Block Cover

46 EACH

26 Hardware, 700lb Cement Block [*] 36 EACH

27 Hardware, 700lb Cement Block Cover

36 EACH

28 Drapery, Hardware, 6'-10' Spreader Bar [*]

17 EACH

29 Drapery, Hardware, 3' Upright [*] 46 EACH

30 Drapery, Hardware, Small Base Plate

29 EACH

CHAIRS

31 SAMS, Black [*] 494 EACH

32 SAMS, White [*] 30 EACH

DÉCOR

33 Carpet Install, Sq. Ft [*] 936 EACH

34 Carpet, Disposal, Sq. Ft [*] 936 EACH

35 Carpet, Black, Sq. Ft [*] 936 EACH

36 Hedge, 4'x8', DBL Sided, Artificial [*] 10 EACH

37 Umbrella, Frame, 9' Market [*] 10 EACH

38 Umbrella, Base, Black [*] 10 EACH

LABOR

39 Time Specific Setup/Removal 1 EACH

40 Delivery/Pickup 9 EACH

LINEN

41 Assorted Colors, Garden, 120" [*] 3 EACH

42 Spandex, Black, 6' [*] 26 EACH

43 Linen, Tabledrape, 8' [*] 8 EACH

Line Item Description Quantity Unit of Measure

Unit Cost Total

STAGE

44 Platform 4'x4' Bil-Jax [*] 3 EACH

45 Leg, 12", Bil-Jax [*] 8 EACH

TABLES

46 6' x 30" [*] 31 EACH

47 8' x 30" [*] 40 EACH

48 Round, 30" [*] 3 EACH

49 Cocktail [*] 3 EACH

50 Cocktail, 42" Leg [*] 3 EACH

[*] Denotes item is taxable

Sales Tax (@ 10.25%)

TOTAL

CONCERTS

Line Item Description Quantity Unit of Measure

Unit Cost Total

ADMIN

51 Stanchion, Retractable Belt Head, 7'

120 Each

52 Stanchion, Chrome [*] 120 Each

53 Light, LED, 1500 Lumen [*] 7 Each

54 Light, HI Bays, 100Watt [*] 8 Each

55 Light, LED HI Bays, 100Watt [*] 11 Each

56 Elec. Cord 25' [*] 7 Each

57 Elec. Cord 50' [*] 25 Each

CANOPY

58 20'x20', Kwik, White, Exp [*] 5 Each

59 15'x30', Kwik, White, Exp [*] 2 Each

60 20'x30', Pagoda, White [*] 1 Each

61 20'x20', Pagoda, White [*] 2 Each

62 15'x15', Pagoda, White [*] 2 Each

63 10'x10', Pagoda, White [*] 9 Each

64 8'x8', Pagoda, White [*] 1 Each

65 Sidewall, 3'x7', White [*] 5 Each

66 Sidewall, 3'x10', White [*] 31 Each

67 Sidewall, 8"x7', White [*] 3 Each

68 Sidewall, 8'x10', White [*] 1 Each

69 Sidewall, 8'x20', White [*] 3 Each

70 Hardware, Sand Bags [*] 30 Each

71 Hardware, 150lb Cement Block [*] 36 Each

72 Hardware, 150lb Cement Block Cover

36 Each

73 Hardware, 350lb Cement Block [*] 64 Each

Line Item Description Quantity Unit of Measure

Unit Cost Total

74 Hardware, 350lb Cement Block Cover

64 Each

75 Hardware, 500lb Cement Block [*] 18 Each

76 Hardware, 500lb Cement Block Cover

18 Each

77 Hardware, 55G Water Barrel [*] 6 Each

78 Hardware, 55G Water Barrel Cover [*] 6 Each

79 Drapery, Hardware, 6'-10' Spreader Bar [*]

36 Each

80 Drapery, Hardware, 3' Upright [*] 72 Each

81 Drapery, Hardware, Small Base Plate

16 Each

CHAIRS

82 SAMS, Black [*] 260 Each

83 SAMS, White [*] 42 Each

DÉCOR

84 Carpet Install, Sq. Ft [*] 936 Each

85 Carpet, Disposal, Sq. Ft [*] 936 Each

86 Carpet, Black, Sq. Ft [*] 936 Each

87 Hedge, 4'x8', DBL Sided, Artificial [*] 10 Each

LABOR

88 Time Specific Setup/Removal 1 Each

89 Delivery/Pickup 8 Each

LINEN

90 Spandex, Black, 6' [*] 1 Each

91 Linen, Tabledrape, 6' [*] 5 Each

TABLES

92 Square, 36" x 36", Charging station [*] 2 Each

Line Item Description Quantity Unit of Measure

Unit Cost Total

93 6' x 30" [*] 10 Each

94 8' x 30" [*] 18 Each

[*] Denotes item is taxable

UCLA FOOTBALL

Line Item Description Quantity Unit of Measure

Unit Cost Total

ADMIN

95 Stanchion, Retractable Belt Head, 7'

1 Each

96 Stanchion, Chrome [*] 2 Each

97 Light, LED, 1500 Lumen [*] 14 Each

98 Light, LED HI Bays, 100Watt [*] 16 Each

99 Elec. Cord 25' [*] 14 Each

100 Elec. Cord 50' [*] 17 Each

CANOPY

101 30'x30', Kwik, White, Exp [*] 1 Each

102 15'x30', Kwik, White, Exp [*] 2 Each

103 20'x30', Pagoda, White [*] 1 Each

104 20'x20', Pagoda, White [*] 7 Each

105 15'x20', Pagoda, White [*] 1 Each

106 15'x15', Pagoda, White [*] 2 Each

107 10'x10', Pagoda, White [*] 4 Each

108 Sidewall, 3'x10', White [*] 8 Each

109 Hardware, Sand Bags [*] 12 Each

110 Hardware, 150lb Cement Block [*] 16 Each

111 Hardware, 150lb Cement Block Cover

16 Each

112 Hardware, 350lb Cement Block [*] 30 Each

113 Hardware, 350lb Cement Block Cover

30 Each

114 Hardware, 500lb Cement Block [*] 56 Each

115 Hardware, 500lb Cement Block Cover

56 Each

Line Item Description Quantity Unit of Measure

Unit Cost Total

116 Drapery, Hardware, 6'-10' Spreader Bar [*]

16 Each

117 Drapery, Hardware, 3' Upright [*] 32 Each

118 Drapery, Hardware, Small Base Plate

16 Each

CHAIRS

119 SAMS, Black [*] 8 Each

120 SAMS, White [*] 56 Each

TABLES

121 6' x 30" [*] 4 Each

122 8' x 30" [*] 14 Each

DÉCOR

123 Hedge, 4'x8', DBL Sided, Artificial [*] 4 Each

LABOR

124 Time Specific Setup/Removal [*] 1 Each

125 Delivery/Pickup [*] 3 Each

[*] Denotes item is taxable

ROSE BOWL GAME

Line Item Description Quantity Unit of Measure

Unit Cost Total

ADMIN

126 Stanchion, Retractable Belt Head, 7'

75 Each

127 Stanchion, Chrome [*] 75 Each

128 Light, LED, 1500 Lumen [*] 7 Each

129 Light, LED HI Bays, 100Watt [*] 20 Each

130 Elec. Cord 25' [*] 7 Each

131 Elec. Cord 50' [*] 20 Each

CHAIRS

132 SAMS, Black [*] 313 Each

133 SAMS, White [*] 42 Each

TABLES

134 6' x 30" [*] 7 Each

135 8' x 30" [*] 7 Each

CANOPY

136 20'x40', Pagoda, White [*] 5 Each

137 10'x40', Pagoda, White [*] 2 Each

138 20'x30', Pagoda, White [*] 2 Each

139 20'x20', Pagoda, White [*] 2 Each

140 15'x15', Pagoda, White [*] 4 Each

141 10'x10', Pagoda, White [*] 11 Each

142 8'x8', Pagoda, White [*] 1 Each

143 Sidewall, 3'x10', White [*] 32 Each

144 Hardware, Sand Bags [*] 40 Each

145 Hardware, 150lb Cement Block [*] 72 Each

146 Hardware, 150lb Cement Block Cover

72 Each

Line Item Description Quantity Unit of Measure

Unit Cost Total

147 Hardware, 350lb Cement Block [*] 20 Each

148 Hardware, 350lb Cement Block Cover

20 Each

149 Hardware, 500lb Cement Block [*] 70 Each

150 Hardware, 500lb Cement Block Cover

70 Each

151 Drapery, Hardware, 6'-10' Spreader Bar [*]

32 Each

152 Drapery, Hardware, 3' Upright [*] 64 Each

DÉCOR

153 Carpet Install, Sq. Ft [*] 936 Each

154 Carpet, Disposal, Sq. Ft [*] 936 Each

155 Carpet, Black, Sq. Ft [*] 936 Each

156 Hedge, 4'x8', DBL Sided, Artificial [*] 14 Each

LABOR

157 Delivery/Pickup 4 Each

[*] Denotes item is taxable

8. Insurance Requirements

9. Public Contract Claims Procedure

PUBLIC CONTRACT CODE SEC. 9204 PUBLIC WORKS CLAIMS PROCEDURE

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

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

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

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

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

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

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

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