Wilson_and_Oak_Knoll_Substation_Oil_Containment_(Addendum_#3_Revision).pdf

COMPETITIVE BID

FURNISH AND DELIVER

WILSON AND OAK KNOLL SUBSTATION OIL

CONTAINMENT

FOR THE

WATER & POWER DEPARTMENT, POWER DELIVERY

CITY OF PASADENA, CALIFORNIA

Competitive Bid - Wilson and Oak Knoll Substation Oil Containment Release Date: Thursday, October 12, 2023

Attachments:

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

C - RELEVANT EXPERIENCE FORM

D - MATERIAL AND LABOR BOND FORM

E - FAITHFUL PERFORMANCE BOND FORM

F - Subcontractor Listing H - 8-2-8421_Site Plan_Index of Sheets_General Notes and Key Plan I - 8-2-8422_Plan Sections and details r1 K - 8-2-8423_Details L - 8-2-8442_Index of Sheets_General Notes_Key Plan M - 8-2-8443_Plan N - 8-2-8444_Cross Sections and Details O - As Built Oak Knoll P - As-Built Wilson Sub

1. Notice Inviting Bids

For

Wilson and Oak Knoll Substation Oil Containment

Notice is hereby given that the City of Pasadena is calling for sealed bids for the Water & Power Department, Power Delivery and will receive sealed bids prior to 11:00 am, Wednesday, November 22, 2023 and will electronically unseal and make them available online (https://procurement.opengov.com/portal/pasadena) for this solicitation named "Wilson and Oak Knoll Substation Oil Containment" Project ID: 2023-IFB-LM-824.

1. Summary

The projects provide for the construction of an oil containment system in the Pasadena Wilson and Oak Knoll Substations that will prevent any mineral oil spills from transformers and electrical equipment from affecting the environment. Federal Environmental Protection Agency regulations require that potentially large oil spills be contained within the immediate area. The substations were constructed prior to these federal regulations. The projects will bring the substations up to code to comply with Title 40 (Protection of Environment), Code of Federal Regulations (CFR), Part 112 (Oil Pollution Prevention).

The construction work includes sawcutting and removal of existing concrete pad; excavation, backfill, soil compaction, testing and shoring where required; installation of reinforced concrete pipe, reinforced concrete trench with grates, and reinforced concrete structures; hauling, providing safety devices, demolition, etc.; and cleanup and miscellaneous appurtenant work.

Engineer's estimate will not be made available for these projects.

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 11:00 am on Wednesday, November 22, 2023 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/61819

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

../../../portal/pasadena https://procurement.opengov.com/portal/pasadena https://procurement.opengov.com/portal/pasadena https://procurement.opengov.com/portal/pasadena/projects/61819?section=539118 https://procurement.opengov.com/portal/pasadena/projects/61819

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. NOTICE REQUIREMENTS

No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

5. Required Licenses (Eligibility Requirement)

Bidders must possess and provide the following license(s) or certification(s) to be deemed qualified to perform the work specified:

Class A - General Engineering or Class B - General Building Contractor

6. Deadline for Questions

The deadline to submit questions related to this solicitation is Thursday, November 2, 2023, prior to 11:00 am.

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.

7. Release Date

Release Dated: Thursday, October 12, 2023

MIGUEL MÁRQUEZ

City Manager https://procurement.opengov.com/portal/pasadena/projects/61819?section=539125 https://procurement.opengov.com/portal/pasadena/projects/61819?section=539125 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 11:00 am on Wednesday, November 22, 2023 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/61819

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: Water & Power Department, Power Delivery

• RELEASE DATE: Thursday, October 12, 2023

• CONTACT: Renea Rangel

The projects provide for the construction of an oil containment system in the Pasadena Wilson and Oak Knoll Substations that will prevent any mineral oil spills from transformers and electrical equipment from affecting the environment. Federal Environmental Protection Agency regulations require that potentially large oil spills be contained within the immediate area. The substations were constructed prior to these federal regulations. The projects will bring the substations up to code to comply with Title 40 (Protection of Environment), Code of Federal Regulations (CFR), Part 112 (Oil Pollution Prevention).

The construction work includes sawcutting and removal of existing concrete pad; excavation, backfill, soil compaction, testing and shoring where required; installation of reinforced concrete pipe, reinforced concrete trench with grates, and reinforced concrete structures; hauling, providing safety devices, demolition, etc.; and cleanup and miscellaneous appurtenant work.

Engineer's estimate will not be made available for these projects.

2. Background https://procurement.opengov.com/portal/pasadena https://procurement.opengov.com/portal/pasadena/projects/61819?section=539118 https://procurement.opengov.com/portal/pasadena/projects/61819

As a community-owned utility, Pasadena Water and Power is a not-for-profit public service owned and operated by the City of Pasadena for the benefit of its customers and the community. Our priorities are reliability, responsiveness to customers, reasonable rates and environmental stewardship. We measure our success not by profits but by how reliable and affordable our services are. We receive and transmit high voltage electricity, generated locally or purchased from a mix of conventional and renewable energy sources, and step it down to deliver low voltage electricity to more than 65,000 customers throughout Pasadena.

3. Contact Information

Renea Rangel Management Analyst II Email: rerangel@cityofpasadena.net Phone: (626) 744-4447 Department:

Water & Power Department, Power Delivery

4. Timeline

Vendors are strongly advised to complete and submit all required items sufficiently early before the date listed in this solicitation. Bids must be completed and submitted according to the instructions in this solicitation prior to 11:00 am onWednesday, November 22, 2023.

Release Project Date October 12, 2023

Pre-Bid Meeting (Mandatory) October 23, 2023, 9:00am Wilson Substation 920 N. Wilson Avenue Pasadena, CA 91104

City Personnel and contractors will meet at the first project site and then drive to the second project site. General questions regarding the projects will be addressed.

Question Submission Deadline November 2, 2023, 11:00am

Bid Submission Deadline November 22, 2023, 11:00am mailto:rerangel@cityofpasadena.net tel:(626)744-4447

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. Bidder's Guarantee

Bid security in the amount of five percent (5%) of the total bid price in the form of a surety bond, meeting City requirements, must accompany all bids. If the Bidder to whom the contract is awarded shall for fifteen (15) calendar days after such award fail or neglect to enter into the contract and file the required bonds, the City may deposit in its treasury said bid security and, under no circumstances, shall it be returned to the defaulting Bidder.

Electronic Bid bond is required. Bidders must submit all required information for the city to verify the bond with their bid . The bond must meet the following requirements and characteristics: A bid security in the amount of five percent (5%) of the total bid price in the form of a redeemable or callable electronic surety bond, meeting City requirements, must accompany all bids.

Bid Bond Instruction:

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

If a vendor ID has not been assigned, vendor can use their company EIN in the Contractor Vendor ID field (see below).

mailto:help@surety2000.com

Return of bid securities.

The city shall retain the bid security of the successful bidder until after execution of the contract and approval of the bonds or other security furnished by the bidder for the faithful performance of the contract or purchase order. Once a contract is fully executed, a notification will be sent to all bidders from the eProcurement system, at which time bidders can release their bond for this solicitation.

3. NOTICE REQUIREMENTS

No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

4. Required Licenses

Bidders must possess and provide the following licenses or certifications to be deemed qualified to perform the work specified: Class A - General Engineering or Class B - General Building Contractor

5. Performance Bonds

Performance Bonds Required: 50%

6. Labor & Materials Bonds

Labor & Materials Bonds Required: 50%

7. 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.

8. 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 City based upon ignorance of the nature and requirements of the project, misapprehension of site conditions, or misunderstanding of the specifications or contract provisions.

9. Acceptance of Conditions

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

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

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

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

• The City reserves the right to solely judge the bidder's representations, and to solely determine whether the bidder is qualified to 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 City as to whether or not the bidder 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 in the preparation and submission of a bid.

10. Truth and Accuracy of Representation

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

11. City Changes to the Bid Documents

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

Addenda shall be acknowledged via the City'seProcurement Portal for the project named "Wilson and Oak Knoll Substation Oil Containment." Project ID: 2023-IFB-LM-824. 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.

12. Notice Regarding Disclosure of Contents of Document

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

13. Construction During the Period of November 15 through January 3 https://procurement.opengov.com/governments/530/portal/pasadena

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.

14. 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.

15. 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.

16. 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.

https://procurement.opengov.com/governments/530/portal/pasadena/projects/61819?section=539132

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, 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. Protest Procedure

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

8. 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.

https://procurement.opengov.com/governments/portal/pasadena/projects/61819?section=undefined https://ww5.cityofpasadena.net/finance/doing-business-with-the-city/

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/

9. 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.

10. 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.

11. Award of Bid and Determination of Responsiveness https://www.cityofpasadena.net/finance/licenses/business-licenses/ https://invoice.cityofpasadena.net/PortalGuide.pdf

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

• The quality of the material offered;

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

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

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

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

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

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

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

12. 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.

13. 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.

14. 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.

15. Taxes

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

16. 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.

17. 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

18. Technical Questionnaire Form

This form is only required for the purchases of technology. The City of Pasadena Department of Information Technology (DoIT) is tasked with reviewing all IT solutions proposed for use by the City. DoIT uses this questionnaire to assess various business, security, and/or operational impacts of bidder or proposer proposed technology solutions, SaaS offerings, software or hardware that will reside on the City’s servers and/or network, that will integrate to the City’s existing applications, servers and/or network, or that may have an impact on the City’s ability to conduct business. This questionnaire is also used to identify and distinguish at an early stage in the evaluation process the potential roles and responsibilities of the City and the proposer.

If selected, proposers are required to complete the Pasadena Department of Information Technology Technical Questionnaire. The questionnaire is included in the section named "Submittal/Checklist." When completing the questionnaire, please note:

• Section 4.0 must be completed for externally hosted/SAAS applications; and

• Section 5.0 must be completed for City hosted/on-premises software

19. LIMITATIONS ON LIABILITY

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

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.

5. City Requirements (Continued)

There are of forms included in the section named Submittal/Checklist of these specifications which a bidder 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.

1. CONSTRUCTION AND DEMOLITION WASTE MANAGEMENT ORDINANCE

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

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

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

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

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

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

Instructions

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

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

• Project name

• Contract Number

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

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

2. 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.

3. Stormwater Management and Discharge Control

In addition to complying with all applicable federal, state and local laws and regulations, the Contractor shall take note of the specific requirements of the Stormwater Management and Discharge Control, Pasadena Municipal Code Chapter 8.70. The Contractor shall comply with all provisions of the Stormwater Management and Discharge Control Ordinance, also known as NPDES Requirements, as a material part of the work under this Contract.

4. PDES Requirements

In addition, the Contractor shall adhere to NPDES (National Pollution Discharge Elimination System) Best Management Practices to prevent deleterious materials or pollutants from entering the City or county storm drain systems, including, but not limited to implementing the Best Management Practices specified below, and the Contractor shall comply with all directions of the City in this regard during construction:

The following shall be implemented:

A. Handle, store, and dispose of materials properly.

mailto:canddrecycling@cityofpasdena.net http://www.cityofpasadena.net/public-works/engineering-and-construction/construction-and-demolition-debris-recycling/ http://www.cityofpasadena.net/public-works/engineering-and-construction/construction-and-demolition-debris-recycling/

B. Avoid excavation and grading activities during wet weather.

C. Construct diversion dikes and drainage swales around working sites.

D. Cover stockpiles and excavated soil with secured tarps or plastic sheeting.

E. Develop and implement erosion control plans (if applicable).

F. Check and repair leaking equipment away from construction sites.

G. Designate a location away from storm drains for refueling.

H. Cover and seal catch basins if work in their vicinity may allow debris or deleterious liquids to enter.

I. Use vacuum with all concrete sawing operations.

J. Never wash excess material from aggregate, concrete, or equipment onto a street.

K. Catch drips from paving equipment with drip pans or absorbent material.

L. Clean up all spills using dry methods.

5. PREVAILING WAGE RATE PROJECT

The prevailing wage rate provisions of Section 1770-1777 of the Labor Code and Section 7-2, entitled "Labor", of the Standard Specifications shall apply to this project. However, if there is a difference between the Pasadena Living Wage and Prevailing Wage rates for similar classifications of labor, the contractor and his subcontractors shall pay no less than the highest wage rate.

6. NOTICE REQUIREMENTS

No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

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

7. STANDARD SPECIFICATIONS

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

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

8. 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.

In case the contract is suspended because of inadequate performance or other default of the Contractor, the retained amount and all other amounts which may become due the Contractor will be retained by the City to the extent the City deems necessary to protect it from all costs, expenses, losses and damages in connection with such inadequate performance or default.

No progress payment shall be considered as final acceptance of any portion of the work. If the final inspection reveals any defects or nonconformities in the work, the work shall be corrected by the Contractor before the City will accept it, even though progress payments have been previously made. The progress and final payments shall not relieve the Contractor of any obligations under the contract.

Upon acceptance of the work, the Contractor shall file with the General Manager a final itemized statement of the work done and the money due under the contract. After receipt of the statement, the City will be pay the Contractor an amount equal to 100 percent of the contract price of all work completed, less any payments previously made and the retained amount.

The Contractor shall file with the General Manager a request for release of the retained amount no sooner than 35 days after the Notice of Completion is recorded, or if no Notice of Completion is recorded, no sooner than 95 days after acceptance of the work.

Pursuant to Section 4590 of the California Government Code, at the request and expense of the Contractor, securities equivalent to the required retained amount shall be deposited with the City, or with a state or federally chartered bank as escrow agent. Eligible securities are those listed in California Government Code Section 17430 or bank or savings and loan certificates of deposit. Upon satisfactory completion of the contract, the securities shall be returned to the Contractor.

Final payment shall not be made until the Contractor has furnished:

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

A. Written certification that all payrolls, bills for materials and equipment, bills from subcontractors and other claims and indebtedness connected with the work for which the City might become responsible have been paid or otherwise satisfied;

B. Other data required by the City establishing payment or satisfaction of all such obligations, such as releases of stop notices, receipts, and waivers of claims.

In the event any claims or stop notices are filed, the City will withhold from the Contractor amounts sufficient to satisfy them, plus a reasonable amount for costs and expenses, including attorneys’ fees that the City may incur.

The bid prices shall include all labor, preparation, installation, materials, submittals, construction access, mobilization and de-mobilization, product installation or application, curing or protection, cleanup, and other work required to complete the required construction in accordance with these Specifications.

9. Local Preference (Continued)

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 which result from the performance of this Contract and which are performed within the City. The Contractor will be required to make good-faith effort to hire Pasadena residents for all new hires, including subcontractor new hires. A good-faith effort will include requests to unions or community organizations designated by City to provide a list of qualified Pasadena residents. If qualified candidates available, Contractor will conduct interviews with assistance of City and union/community organizations. Residents are individuals who are, and have been one year prior to the effective date of the contract, residents of the City of Pasadena. Submission to the City of documentation of requests and interviews will constitute proof of a good-faith effort.

Interviews of Pasadena residents, if conducted, shall be completed and documentation submitted to the City prior to commencement of Contract work.

6. General Specifications

1. BID PROPOSAL QUANTITIES

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

2. EVALUATION OF BID

Bids will be evaluated based on the lowest Grand Total Price submitted in the Bidders' Proposal for each Group. Each Group will be evaluated and awarded independently based on the lowest Grand total Price for each Group.

Bidders may bid on any combination of the Groups. Bidders are required to bid on all line items listed within the specific Group they select. Failure to bid on all line items for a selected Group or Groups may result in rejection of the bid. For each Group, in case of a discrepancy between the unit prices and item prices, the unit price shall govern. In the event of a discrepancy between the item prices and the item totals the item prices shall prevail. In the event of a discrepancy between the item totals and the grand total totals the item price shall prevail.

• Group One: WILSON SUBSTATION (PROJECT #1)

• Group Two: OAK KNOLL SUBSTATION (PROJECT #2)

3. SAMPLE CONTRACT

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

4. SUBSTITUTION FOR PATENTED AND SPECIFIED ARTICLES

Wherever these Specifications specify any material or process by patent or proprietary name, or by name of manufacturer, such specification is only for the purpose of describing the material or process desired and shall be deemed to be followed by the words and/or approved equivalent.

Any bidder may offer in the proposal any material or process that is equivalent in every respect to the material or process specified. This statement of alternate unit shall clearly describe the material or process for which the substitution is proposed and shall provide technical data establishing equivalency.

5. BID YOUR FULL EQUAL OR BETTER

Materials and equipment furnished shall be new, complete, ready-for-use and of the latest model, shall not have been used in demonstration or other services and have all the usual equipment as shown by manufacturer’s current specifications and catalogs unless otherwise specified.

6. DURATION OF CONTRACT

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

7. 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

8. 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.

9. RELEVANT EXPERIENCE

Bidding contractors shall be qualified and experienced. Provide experience with governmental agencies for two projects/contracts of similar scope and size. Complete and submit the attached Relevant Experience Form with your bid to demonstrate experience with projects of similar scope and size to that which is to be performed.

10. ACCEPTANCE OF WORK

The Contractor shall provide written notification to the City when the Contractor deems the work complete and ready for final inspection. Upon the receipt of this notice, the City will make a final inspection and notify the Contractor within five (5) working days that the work is approved or that additional work is needed before approval. The work will neither be final nor accepted until the City notifies the contractor in writing that the entire work is completed to the specifications. No deviations from the Specifications will be accepted unless previously approved in writing by the City.