- Due Text
- Wednesday, October 14, 2026 2:00pm
- Posted At
- Tue, Sep 8, 2026 2:41 PM
- Documents
- Playhouse_Park_EV_Chargers_Phase_II_Construction_Project.pdf, A - PC0_701_UNION_ST_-_PLANS_-_260427_v2, B - MASTER LABOR AND MATERIALS CONTRACT (12-18-24), C - REQUIRED FORMS - AAs - SIG-LEGAL-STATUS - DECLARATION OF NONCOLUSION 08022024 v2, D - RELEVANT EXPERIENCE FORM, E - MATERIAL AND LABOR BOND FORM, F - FAITHFUL PERFORMANCE BOND FORM, G - Subcontractor Listing, J - Disclosure of Lobbying Activities, L - Unique Entity ID (SAM), M - Applicable DOL Davis-Bacon Wage Determination for Los Angeles County, N - 29 CFR 5.5 (up to date as of 8-21-2026)
- Numeric Id
- 281150
- Description
- Pasadena Water and Power (“PWP”) is seeking bids from qualified contractors to construct the Playhouse Park EV Chargers Phase II Project located at 701 Union Street, Pasadena, California 91101. The project will expand and upgrade the existing electric vehicle charging infrastructure at Playhouse Park through the installation of new Level 2 electric vehicle supply equipment, replacement of four existing Level 2 chargers, associated electrical infrastructure, foundations, conduit, conductors, panelboard equipment, load management equipment, pavement/parking markings, and related site restoration.
The project includes twenty new EVSE stalls and the replacement of four existing EVSE units, resulting in a total of twenty-four EVSE stalls upon completion.
Timeline
Release Project Date:
September 8, 2026
- Document Text
- 1. Notice Inviting Bids
For
Playhouse Park EV Chargers Phase II Construction Project
Notice is hereby given that the City of Pasadena is calling for sealed bids for the Water & Power Department and will receive sealed bids prior to 2:00 pm, Wednesday, October 14, 2026 and will electronically unseal and make them available online (https://procurement.opengov.com/portal/pasadena/projects/281150) for this solicitation named "Playhouse Park EV Chargers Phase II Construction Project" Project ID: 2026-IFB-LM-0403.
1.1. Summary
Pasadena Water and Power (“PWP”) is seeking bids from qualified contractors to construct the Playhouse Park EV Chargers Phase II Project located at 701 Union Street, Pasadena, California 91101. The project will expand and upgrade the existing electric vehicle charging infrastructure at Playhouse Park through the installation of new Level 2 electric vehicle supply equipment, replacement of four existing Level 2 chargers, associated electrical infrastructure, foundations, conduit, conductors, panelboard equipment, load management equipment, pavement/parking markings, and related site restoration.
The project includes twenty new EVSE stalls and the replacement of four existing EVSE units, resulting in a total of twenty-four EVSE stalls upon completion.
1.2. 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, October 14, 2026 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/281150
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.
1.3. Pre-bid Conference
See the Timeline in the section named "Instructions to Bidders." If there is a Mandatory pre-bid meeting, bidders are required to attend at the time, date, and location included in the Timeline (#Instructions to Bidders) of this solicitation. If there is a Non-Mandatory pre-bid meeting, bidders not required to attend.
Each prospective bidder will have the opportunity to clarify and ask questions regarding these Specifications. The Pre-bid Meeting will be held at the time, date, and location in the Timeline of this solicitation.
1.4. 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)].
1.5. 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:
A - General Engineering Contractor; or C-10 - Electrical Contractor
1.6. Electronic Bid bond
Electronic Bid bond is required. Bidders must provide all required information for the City to verify the bond with their bid. The bond must meet the following requirements and characteristics: Bid security in the amount of five-percent (5%) of the total bid price in the form of a redeemable or callable electronic surety bond, meeting City requirements, must accompany all bids.
Bid Bond Instruction:
Bidders must provide all required information for the City to verify the bond with their bid. The bond must meet the following requirements and characteristics: Bid security in the amount of five percent (5%) of the total bid price in the form of a redeemable or callable electronic surety bond, meeting City requirements, must accompany all bids. If the Bidder to whom the contract is awarded shall for fifteen (15) calendar days after such award fail or neglect to enter into the contract with the required insurance documentation, submit the Construction & Demolition Waste Management Plan, and file the required bonds, the City may deposit in its treasury said bid security and, under no circumstances, shall it be returned to the defaulting Bidder. Failure to return signed contract with all the attachments stated above may result in having the project awarded to the next lowest bidder.
Here is what bidders must provide to their bonding agent when trying to setup a bid bond for the City of Pasadena: The Project ID of the solicitation on which you are bidding. Your Contractor Vendor ID which is your Federal Tax ID or it’s equivalent. Both fields are required for validation. If you are having trouble finding these ID’s, please contact Surety2000 at 1-800-660-3263 or email help@surety2000.com
1.7. Deadline for Questions
The deadline to submit questions related to this solicitation is Thursday, September 24, 2026, prior to 2:00 pm.
Questions regarding this solicitation should be submitted directly through the City's eProcurement Portal Q&A function. Do not contact any other City employee or official regarding this solicitation. Any questions submitted after the date and time specified may not be considered.
1.8. Release Date
Release Dated: Tuesday, September 8, 2026
Matthew E. Hawkesworth
Interim City Manager
Post Information
Posted At:
Tue, Sep 8, 2026 2:41 PM
Sealed Bid Process:
Yes (Bids Sealed / Pricing Sealed)
Private Bid:
No
2. Instructions to Bidders
2.1. 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, October 14, 2026 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/281150
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.
Pasadena Water and Power (“PWP”) is seeking bids from qualified contractors to construct the Playhouse Park EV Chargers Phase II Project located at 701 Union Street, Pasadena, California 91101. The project will expand and upgrade the existing electric vehicle charging infrastructure at Playhouse Park through the installation of new Level 2 electric vehicle supply equipment, replacement of four existing Level 2 chargers, associated electrical infrastructure, foundations, conduit, conductors, panelboard equipment, load management equipment, pavement/parking markings, and related site restoration.
The project includes twenty new EVSE stalls and the replacement of four existing EVSE units, resulting in a total of twenty-four EVSE stalls upon completion.
2.2. Contact Information
Project Contact:
Ariel Hudgins
Senior Office Assistant
Email: ahudgins@cityofpasadena.net
Phone: (626) 744-4154
Procurement Contact:
Antonio Watson
Project Manager
Email: awatson@cityofpasadena.net
Phone: (626) 744-8382
Department:
Water & Power Department
2.3. 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, October 14, 2026.
Release Project Date:
September 8, 2026
Question Submission Deadline:
September 24, 2026, 2:00pm
Bid Submission Deadline:
October 14, 2026, 2:00pm
3. 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.
3.1. 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.
3.2. 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.
3.3. Declaration of Non-Collusion by Contractor
This form is only applied for formal solicitations $75,000 or more. The City requires that each bidder or proposer executes and submits to the City with the Bid/Proposal, the attached Declaration of Non Collusion in the section named "Submittals/Checklist."
3.4. SAMPLE CONTRACT
A sample of the contract the successful vendor will be required to enter into with the City is attached hereto and by this reference incorporated herein and made part of this solicitation.
3.5. 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.
3.6. 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.
3.7. 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 (Pasadena Municipal Code Section 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/
3.8. Invoice Submission Portal
Invoice Submission Portal
The invoice submission process is activated when an invoice is submitted through the Vendor Invoice Portal. Invoices submitted are automatically sent to the department being invoiced for review. Once the city department verifies its accuracy, the department will submit the invoice to Accounts Payable for payment processing. One final review and approval by the department who was invoiced is needed in order for a check to be issued. Checks are issued on Tuesday and Thursday.
How to submit invoices to the City of Pasadena?
Create an account: Visit the City’s Invoice Submission website: https://invoice.cityofpasadena.net/ and select “Create Account”
Refer to the "Invoice Submission Portal - Vendor User Guide" for detailed instructions.
3.9. 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.
3.10. Pasadena Business
Local Business is defined in the Pasadena Municipal Code section:
4.08.020, O: "Local business" means a business with a fixed place of business located in the city.
To receive any preferences offered to a Pasadena business in this solicitation, a Pasadena business must be located within the City Boundary by the release date of this solicitation.
3.11. 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.
3.12. PAYMENT OF A CITY-WIDE MINIMUM WAGE
If a vendor is providing labor for any subsequent contract resulting from this solicitation, they must comply with the City of Pasadena Minimum Wage as set forth in Chapter 5.02 of the Pasadena Municipal Code. Vendors are encouraged to review the City’s minimum wage information guide at (https://bit.ly/3o3SHMh). The minimum wage ordinance may be found at Pasadena Municipal Code.
3.13. 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.
3.14. 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.
3.15. Taxes
Price bid or Price Proposals shall include all federal, state, local and other taxes.
3.16. 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.
3.17. 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
3.18. 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-responsiveness.
3.19. Recycled Product Procurement Mandates Pertaining to Local Governments [Public Contract Code Sections 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, Public Contract Code 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.
3.20. 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.
3.21. Addenda
If any person contemplating submitting a proposal of the items or services listed herein is in doubt as to the true meaning of any part of this RFP, he/she may submit a question through the City's eProcurement Portal Q&A section for an interpretation or correction thereof.
Any interpretation or correction of City specifications will be made only by addendum, duly issued by the City representative(s) identified in this solicitation, above. Addenda (if any) shall be made available on the City's eProcurement system, and sent to each vendor included on the "Followers" list in the City's eProcurement system. A vendor's failure to address the requirements of any and all addenda may result in the response (proposal or bid, or alike) not being considered. If the City determines that a time extension is required for the proposal, the City will issue an addendum that will give the new submission date. The vendor is responsible to register on the City's eProcurement Portal and follow the project named Playhouse Park EV Chargers Phase II Construction Project in order to be included in the "Followers" list in the City's eProcurement system to insure they receive all documents including addendums which are available as a download.
The City reserves the right to change any part of these Instructions to PROPOSERS and Specifications any time prior to Deadline for Submissions. Any changes shall be in the form of addenda and will become a part of the Proposal documents and of the contract.
3.22. Accessibility Compliance Requirements
General Compliance
In accordance with Title II of the Americans with Disabilities Act of 1990 (ADA), Section 504 of the Rehabilitation Act of 1973, and all other applicable federal, state, and local disability rights laws, including the California Building Code (CBC) and California Code of Regulations Title 24, the City of Pasadena requires that all services, programs, activities, and facilities provided or utilized under this contract be fully accessible to individuals with disabilities.
The selected Contractor agrees to ensure that all work performed, and all services, programs, or activities provided under this contract comply with the requirements of Title II of the ADA and related laws. This includes, but is not limited to design, construction, communication, technology, and program delivery compliance with:
The ADA and its implementing regulations (28 CFR Part 35 and Part 36);
The 2010 ADA Standards for Accessible Design;
The U.S. Access Board’s Public Rights-of-Way Accessibility Guidelines (PROWAG), as amended;
Section 504 of the Rehabilitation Act of 1973;
California Government Code § 4450 et seq.;
California Code of Regulations (CCR), Title 24, including Chapter 11B of the California Building; Code governing accessibility to public accommodations and commercial facilities;
Any other relevant federal, state, or local regulations concerning accessibility and nondiscrimination.
These requirements apply to all aspects of the Contractor’s work, including but not limited to project or program design, facility access, pedestrian pathways, public right-of-way improvements, communications, and digital content or services.
Applicability of Accessibility Requirements
Accessibility compliance requirements apply when scope of work includes:
Digital deliverables (i.e. websites, web applications, mobile applications, electronic documents, multimedia content)
Physical infrastructure (i.e public facilities, pedestrian pathways, rights-of-way, shared use paths)
Communication and program delivery (i.e. public meetings, outreach materials, surveys, customer service and payment platforms)
Technology procurement or development (software, hardware, ICT systems)
If any portion of the work involves these elements, the Contractor must ensure full compliance with applicable accessibility standards.
Digital and Electronic Content
For all digital deliverables (including websites, documents, and applications), the Contractor shall ensure conformance with, at minimum:
Web Content Accessibility Guidelines (WCAG) 2.1, Level AA, as amended[GS1] ; and
Section 508 of the Rehabilitation Ace (29 U.S.C. § 794d), where applicable.
All digital materials must undergo both automated and manual accessibility testing, including usability reviews by individuals representing a wide range of functional disability types (e.g., visual, auditory, cognitive, motor), and, if required, remediated prior to final acceptance. Testing must include compatibility with commonly used assistive technologies (e.g., JAWS, NVDA, VoiceOver, ZoomText, Dragon NaturallySpeaking). The Contractor must provide documentation such as Voluntary Product Accessibility Template (VPAT) or equivalent Accessibility Conformance Report (ACR), detailing compliance and describing the testing methodology.
Public Rights-of-Way Accessibility (PROWAG)
Any design, construction, or alteration involving pedestrian facilities, sidewalks, curb ramps, crosswalks, or public rights-of-way must conform to the latest applicable version of the U.S. Access Board’s Public Rights-of-Way Accessibility Guidelines (PROWAG), as adopted by the U.S. Department of Justice, Department of Transportation, or other relevant authority.
Corrective Action and Liability
The Contractor shall be held responsible for correcting any noncompliant work or deliverables identified by the City of Pasadena or any enforcement agency, at no additional cost. The City of Pasadena reserves the right to withhold payment, suspend work, or terminate the contract for failure to meet accessibility requirements.
The Contractor shall indemnify and hold harmless the City of Pasadena, its officers, agents, and employees from any claims, damages, or liabilities arising from noncompliance with applicable accessibility laws or guidelines.
Certification of Compliance
By submitting a proposal, the Contractor certifies that it has reviewed and will comply fully with all applicable federal, state, and local accessibility laws, including the ADA, CBC, Title 24, and PROWAG, and will ensure that all subcontractors do the same.
3.23. Disclosure of Contracts with the U.S. Department of Homeland Security (DHS)
Purpose
The information request will have no bearing on the evaluation of your response during the Evaluation stage. The information will be used by the City for administrative review and to support a one-year evaluation period of contracting and data-sharing practices. The City is requesting information to be included with your submittal. The form is to be uploaded in the Submittal/Checklist section. Submission of this form is encouraged to assist the City in understanding vendor relationships and informing future policy considerations. The City intends to maintain an open and collaborative dialogue with contractors and the community regarding data practices and transparency.
Disclosures:
Respondents are invited to disclose any current contracts, subcontracts, or agreements with DHS, including any related data-sharing arrangements. If provided, respondents may include:
DHS agency or sub-agency (if applicable)
General description of services
Whether data-sharing with third parties is involved
If no such relationships exist, respondents may indicate “No.”
Questions related to the disclosure shall be asked and answered through the solicitation Question and Answer process. The completed disclosure form will be reviewed by and shared with the City Manager’s office. Please upload this form as part of the submittal checklist and email a copy to CMOContractsAssessement@cityofpasadena.net.
4. 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.
4.1. 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/
4.2. 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.
4.3. 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.
4.4. NPDES 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:
Handle, store, and dispose of materials properly.
Avoid excavation and grading activities during wet weather.
Construct diversion dikes and drainage swales around working sites.
Cover stockpiles and excavated soil with secured tarps or plastic sheeting.
Develop and implement erosion control plans (if applicable).
Check and repair leaking equipment away from construction sites.
Designate a location away from storm drains for refueling.
Cover and seal catch basins if work in their vicinity may allow debris or deleterious liquids to enter.
Use vacuum with all concrete sawing operations.
Never wash excess material from aggregate, concrete, or equipment onto a street.
Catch drips from paving equipment with drip pans or absorbent material.
Clean up all spills using dry methods.
4.5. 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://www.cityofpasadena.net/public-works/wp-content/uploads/sites/29/Pasadena-Recurring-Supplements-2023.pdf?v=1684796778799. All references in these Specifications to “Standard Specifications” shall mean the Pasadena Supplements and the Greenbook, taken together.
4.6. 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.
4.7. 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.
4.8. 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.
5. State of California Prevailing Wages
5.1. 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.
In responding to this request, all professional firms or contractors agree to comply with prevailing wage requirements, the Department of Industrial Relations, as further described below:
Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates, that Contractor and all subcontractors must be registered and pay the registration fee with the Department of Industrial Relations (DIR), Contractor shall be subject to compliance monitoring and enforcement by the DIR, and the performance of other requirements on “Public Works” and “Maintenance” projects. If the services are being performed as part of an applicable “Public Works” or “Maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws.
5.2. 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.
6. General Instructions
6.1. Pre Submittal Meeting
See the "Timeline" in the Introduction section (#Instructions to Bidders). If there is a Mandatory pre-proposal meeting, bidders/proposers are required to attend at the time, date, and location included in the Timeline. If there is a Non-Mandatory pre-proposal meeting, bidders/proposers are not required to attend.
Each bidder/proposer will have the opportunity to clarify and ask questions regarding the Specifications. The Pre-Proposal Meeting will be held at the time, date, and location in the Timeline of this solicitation.
6.2. Vendor Must Make Thorough Investigation
It is the bidders/proposers responsibility to examine the location of the proposed work, to fully acquaint themselves with the Specifications or Scope and the nature of the work to be done. The vendor shall have no claim against the City based upon ignorance of the nature and requirements of the project, misapprehension of site conditions, or misunderstanding of the specifications or contract provisions.
6.3. Acceptance of Conditions
By submitting a response, each vendor expressly agrees to and accepts the following conditions:
All parts of the Instructions to bidders/proposers and the Specifications or Scope will become part of the Contract between the selected vendor and the City;
The City may require whatever evidence is deemed necessary relative to the bidders/proposers financial stability and ability to complete this project;
The City reserves the right to request further information from the bidders/proposers, either in writing or orally, to establish any stated qualifications;
The City reserves the right to solely judge the bidder's/proposer's representations, and to solely determine whether the bidder is qualified to undertake the project pursuant to the criteria set forth herein. The bidder/proposer, by submitting a bid, expressly acknowledges and agrees that the judgment of the City as to whether or not the bidder/proposer is qualified to perform the project, shall be final, binding and conclusive;
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/proposer in the preparation and submission of a bid.
6.4. Bid Shall Remain Open
Bidder agrees that their bid shall remain open and shall not be withdrawn for a period of not less than one hundred and eighty (180) calendar days from the date of opening bids, or until rejected by the City, whichever occurs first.
6.5. Truth and Accuracy of Representation
False, incomplete or unresponsive statements in connection with the bid may be sufficient cause for rejection of a bidder/proposer.
6.6. City Changes to the Solicitation Documents
The City reserves the right to change any part of these Instructions to Vendors and Specifications any time prior to the submittal deadline. Any changes shall be in the form of addenda and will become a part of the solicitation documents and of the contract. Addenda shall be made available to each vendor. A bidder's/proposer's failure to address the requirements of the addenda may result in the bid not being considered. If the City determines that a time extension is required for the solicitation, the addenda will give the new submission date.
Addenda shall be acknowledged via the City's eProcurement Portal.
6.7. Notice Regarding Disclosure of Contents of Document
All responses accepted by the City at the time of bid opening shall become the exclusive property of the City. Upon opening, all bids accepted by the City shall become a matter of public record and shall be regarded as public, with the exception of those elements of each bid which are identified by the bidder as business or trade secrets and plainly marked as "trade secret," "confidential," or "proprietary." Each element of a bid which a bidder desires not to be considered a public record must be clearly marked as set forth above, and any blanket statement (i.e., regarding entire pages, documents, or other non-specific designations) shall not be sufficient and shall not bind the City in any way whatsoever. If disclosure is required under the California Public Records Act or otherwise by law (despite the bidder's request for confidentiality), the City shall not in any way be liable or responsible for the disclosure of any such records or part thereof.
6.8. Errors and Omissions
Bidders shall not be allowed to take advantage of any errors or omissions in the Instructions to Bidders or Specifications. Full instructions will be given if such error or omission is discovered and timely called to the attention of the City.
6.9. Patent Feed; Patent, Copyright, Trade Secret, and Trademark Fees
Each bidder shall include in the price bid any patent fees, royalties and charges on any patented article or process to be furnished or used in the prosecution of the Work.
6.10. Taxes
Price bid shall include all federal, state, local and other taxes.
6.11. 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.
6.12. 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.
6.13. Public Contract Code Sec. 9204 New Public Works Claims Procedure
As detailed in the Section Titled #Public Works Claims Procedure new Public Contract Code Section 9204, effective January 1, 2017, specifies new procedural requirements for claims submitted by a contractor on any public works project.
6.14. Protest Procedure
This procedure specifies the process to be utilized by the City of Pasadena in resolving protests regarding this solicitation. In order for a protest to be considered by the City of Pasadena, it must be submitted in accordance with the procedures outlined in the FORMAL SOLICITATION PROTEST PROCEDURE found at the following link: (https://ww5.cityofpasadena.net/finance/doing-business-with-the-city/). A protest submitted that is not in accordance with this procedure, may be returned to the submitting party without any further action by the City of Pasadena.
7. General Specifications
7.1. 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 or less equipment and/or materials as necessary at the City’s sole discretion. Payment will be made only for the amount of material actually provided, as determined by the City and accepted at the unit prices noted in the bid.
7.2. 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 in 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.
7.3. EVALUATION OF BID
Bids will be evaluated based on the lowest Grand Total Price submitted in the Bidders' Proposal. The contract award will be made from among responsive and responsible bidders. In case of a discrepancy between the unit prices and item total, the unit price shall govern. In the event of a discrepancy between the item totals and the grand total price the item totals shall prevail. The prices will be subject to adjustment by the City on that basis in the event of discrepancy and bid awarded.
7.4. Award of Bid and Determination of Responsiveness
The contract shall be awarded to the lowest responsive and responsible bidder. In determining whether a bidder is responsible and responsive, the following shall be considered:
The quality of the material offered;
The ability, capacity and skill of the bidder to perform the contract or provide the material or services;
Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference;
The sufficiency of the bidder's financial resources and the effect thereof on his ability to perform the contract or provide the material or services;
The character, integrity, reputation, judgment, experience and efficiency of the bidder;
The quality and timeliness of the bidder's performance on previous orders or contracts for the City;
Litigation by the bidder on previous orders or contracts with the City;
The ability of the bidder to provide future maintenance and service where such maintenance and service is essential;
7.5. SAMPLE CONTRACT
A sample of the contract the successful bidder will be required to enter into with the City is attached hereto and by this reference incorporated herein and made part of these specifications.
7.6. Substitutions and Equivalents
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.
Equivalents to Specifications
The material, equipment or service offered by the bidder will meet all requirements of the specifications in this Notice Inviting Bids. Questions requesting approval of equals must be submitted before the deadline for questions to the City contacts listed in the Bid Invitation. Bidder must provide all information (no pricing) with their bid in order for the City to determine if the product offered is an equal to the manufacturer specified and/or meets the technical specifications. This includes details for each item to which a proposed equal will be taken, proposed make and model specifications, and any other information on the material specified herein regarding approved equals requested. Bidder must state brand name and/or manufacturer of each item proposed and include detailed specifications. All guarantees and/or warranties must also be stated. Parts and materials must be latest model or current date and meet specifications or be equal to the specifications.
During the question and answer period, the City reserves the right to determine whether equivalents meet the bid specifications of the City, and are equal to the manufacturer specified or the stated technical specifications. The decision of the City regarding equality shall be final.
Equals can be submitted for approval during the Question and Answer period through this eProcurement Portal: https://procurement.opengov.com/portal/pasadena/projects/281150.
7.7. 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.
7.8. WARRANTY
Contractor shall provide factory warranties on all materials furnished against defects in materials and/or workmanship. The factory warranty shall become effective on the date of delivery and acceptance by the City. Should any defect in materials or workmanship appear during the warranty period, the Contractor shall repair or replace the same at no cost to the City.
7.9. DEFECTIVE MATERIALS:
Any materials not conforming to requirements of this Specification shall be considered defective. All such materials, whether in place or not, shall be immediately removed from the site of the work. Any defective materials installed shall be removed and replaced by the City and all costs of removal and replacement shall be deducted from any amounts due or to become due to the Contractor. No rejected materials, the defects of which have been subsequently corrected, shall be used.
7.10. RECEIVING AND INSPECTION:
Deficient parts will be rejected and the Contractor will be required to make the necessary adjustments or replacements. It shall be the Contractor’s responsibility to pick up any rejected parts, make the necessary corrections, and deliver materials at no additional cost to the City.
7.11. Protest Procedure
This procedure specifies the process to be utilized by the City of Pasadena in resolving protests regarding this solicitation. In order for a protest to be considered by the City of Pasadena, it must be submitted in accordance with the procedures outlined in the FORMAL SOLICITATION PROTEST PROCEDURE found at the following link: (https://ww5.cityofpasadena.net/finance/doing-business-with-the-city/). A protest submitted that is not in accordance with this procedure, may be returned to the submitting party without any further action by the City of Pasadena.
7.12. 4.08.130 Lowest and best bidder
4.08.130 Lowest and best bidder.
In determining the lowest and best bidder, the following shall be considered, in addition to price:
A. The quality of the material offered;
B. The ability, capacity and skill of the bidder to perform the contract or provide the material or services;
C. Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference;
D. The sufficiency of the bidder's financial resources and the effect thereof on his ability to perform the contract or provide the material or services;
E. The character, integrity, reputation, judgment, experience and efficiency of the bidder;
F. The quality and timeliness of the bidder's performance on previous orders or contracts for the city;
G. Litigation by the bidder on previous orders or contracts with the city;
H. The ability of the bidder to provide future maintenance and service where such maintenance and service is essential;
I. Certification by bidder of compliance with the Equal Employment Opportunity—Non-discrimination requirements.
J. Certification by bidder of compliance with the Pasadena living wage ordinance, where applicable.
(Ord. 6899, § 2, 2002; Ord. 6763, § 2, 1998; Ord. 5068, § 3.08, 1972)
7.13. Payment of Subcontractors, Suppliers, and Workers
The Prime Contractor shall be solely responsible for the payment of all subcontractors, suppliers, laborers, and any other persons or entities employed in connection with the performance of this Contract.
The City shall have no obligation to pay, or to ensure the payment of, any subcontractors, suppliers, or workers directly. The Prime Contractor shall ensure timely and full payment in accordance with all applicable laws, including but not limited to California Public Contract Code §§ 10262 and 10262.5 and Labor Code § 218.7.
Failure to comply with this requirement may result in the withholding of payments, imposition of penalties, and/or other remedies available under the Contract and applicable law.
The Prime Contractor shall also include in all subcontracts a provision requiring subcontractors to pay their lower-tier subcontractors and suppliers in a timely manner consistent with this section.
7.14. 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
7.15. Performance 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.
Performance Bonds Required: 50%
7.16. Labor & Materials 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.
Labor & Materials Bonds Required: 50%
7.17. INSURANCE
Proof of insurance is not required to be submitted with your bid, but will be required prior to the City's award of the contract. A copy of the City standard is included in the attachments.
7.18. 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 City. No optional extension periods will be included with this contract.
7.19. RELEVANT EXPERIENCE
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.
7.20. 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. Within ten (10) days after the work is accepted, the City will record a Notice of Completion. The Contractor shall be responsible for risk of loss or damage to the work until the date of the written notice of acceptance from the City. The period of any guarantee or warranty provided under these Specifications, shall commence on the date the work is accepted.
7.21. STORAGE
The Contractor shall, at its own expense provide a storage location for his materials and equipment. The contractor must request and coordinate with Public Works Department for an approved location.
7.22. PROTECTION OF EXISTING IMPROVEMENTS AND OTHER UTILITIES
The Contractor shall, at its own expense, preserve and protect from injury all improvements existing at the site, such as equipment, trees, parkways, flowers, shrubbery, lawns, fences, curbs, gutters, sidewalks, walls, manholes and all other improvements of whatever nature. If any such improvements are injured, damaged, or destroyed by the Contractor, or its employees, subcontractors or agents, they shall promptly be restored by the Contractor, at the Contractor’s expense, to the condition existing before such injury, damage, or destruction. The Contractor shall protect and maintain in uninterrupted service any existing sub-surface utilities and shall promptly repair any damages to such utilities at his own expense. Existing utilities of record in the area affected by this contract may be shown in the drawings, however, if any pipe or conduit is encountered, the contractor shall determine their usage and arrange with the proper utility concerned for its removal or protection. The Contractor shall be held responsible for all damage to work installed by him or others that is caused by his work or by anyone employed by him. The Contractor shall utilize “UNDERGROUND SERVICE ALERT’ (USA) of Southern California (1-800-422-4133) to obtain marking of underground pipeline and utility locations. The contractor shall notify “USA” at least two working days in advance of beginning any excavation and/ or jacking operations. Utilities that are not subscribers or members of “USA” shall be notified separately and independently. To avoid unnecessary marking of utilities in the street and sidewalk areas, the Contractor shall specifically indicate those areas where underground utility information is needed using a temporary water based marking chalk (“AERVOE” brand or approved equal) with a visible life not to exceed three (3) weeks. Such markings shall be limited to only those areas where the Contractor’s operation could damage buried utilities. Unnecessary markings resulting from Contractor’s failure to identify only critical locations shall be removed by the Contractor at his expense. If the Contractor fails to properly and completely remove all unnecessary markings, the City will remove and bill the Contractor for all direct and indirect removal costs.
7.23. 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 City. In this connection, the Contractor shall be responsible for proper storage and handling of all materials, including those materials furnished by the 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 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.
7.24. WARRANTIES GUARANTEES
The Contractor shall transfer to the City the manufacturer's warranty or guarantee for each item delivered or installed under the Contract. Where applicable, the City shall be named as owner-beneficiary in any such warranty or guarantee. The Contractor shall ensure that each warranty or guarantee is in full force and effect from the date the City commences operation and use of the item. All such manufacturer's warranties or guarantees shall be in addition to the Contractor's warranty under this Contract. In addition to the above and any special guarantees required by the Detailed Specifications, the Contractor shall warrant that its work is fit for the City's particular purpose as indicated in the Specifications, fulfills all requirements of these Specifications, and is free from defects in materials, equipment, workmanship or installation. For a period of one two (2) years following the City's acceptance of the Work as provided in herein in this Specification, the Contractor shall repair or replace at its own expense any portion of the Work, including any material or equipment incorporated into the Work, that is defective or otherwise fails to conform to the above warranty or special guarantees. The City will notify Contractor of any such defect or nonconformity. Such notice will be given in writing, if possible, or by the means most practical under the circumstances. If the Contractor fails to correct the defect or other non-conformity within ten (10) days after receiving such notice, or in case of emergency demanding immediate action, then the City may make the necessary replacements or repairs and charge the Contractor the total cost of all labor, materials, equipment, administration and overhead required. If final payment has not been made, the City may withhold an amount for these costs; if the amount withheld is not sufficient, the City may recover any balance from the Contractor. The Contractor's performance bond shall remain in effect for a period of two (2) years after the date of acceptance of the work to cover the Contractor's warranties and guarantees as set forth above. The warranty period for each work order begins on the day when the retention is approved to be released.
7.25. SAFETY MEASURES
The Contractor shall provide adequate safety measures and devices to prevent accidents, injury, or loss of life to the public and to workers, inspectors, and any persons whose duties bring them on the work. The Contractor shall comply with all orders and requirements of the California Division of Industrial Safety. The Contractor shall immediately install or provide any safeguarding or safety measures which the Division or the General Manager shall require. Without limiting the foregoing, in accordance with generally accepted construction practices the Contractor will be solely and completely responsible for conditions of the job site, including safety of all persons and property during performance of the work. This requirement will apply continuously and not be limited to normal working hours. Construction review of the Contractor’s performance by the City, its agents or employees, does not include review of the adequacy of Contractor’s safety measures at or near the construction site. Such construction review shall not relieve the Contractor of its obligations under this paragraph. The Contractor must comply with safety requirements issued by CAL/OSHA confined spaces, Article 108, #5157, #5158, #5159 and Pasadena Water and Power Department Safety Handbook Section I & II of Underground Distribution, when entering underground manholes. These requirements include, but not limited to: entry permits, air monitoring and ventilation, safety and rescue provisions. The Contractor and all his personnel must wear approved hard hats, clothing and equipment required on the jobsite. The Contractor shall employ workers who are qualified, experienced and well trained to work safely around or near energized electrical equipment. It is also a requirement of this contract that the contractor must provide his own electrical personnel who is qualified to monitor and supervise his workers while working inside the energized vault. Sanitation The Contractor shall provide all appropriate sanitary conveniences and shall remove the conveniences at the completion of the work.
7.26. 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 City may perform such cleanup work at the Contractor’s expense; the Contractor and its sureties shall be liable for such expense.
7.27. 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.
7.28. Funding Source
This procurement is funded by: City of Pasadena and Department of Energy. Vendors must submit all required document with their proposal.
8. Insurance Requirements
8.1. Insurance Requirements
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9. Bid Specifications
9.1. Detailed Specifications
1. Detailed Specifications
The City is soliciting bids from qualified, licensed contractors to furnish all labor, materials, equipment, tools, supervision, permits, coordination, testing, commissioning, and incidentals necessary to construct the Playhouse Park EV Chargers Phase II Project in accordance with the approved plans, specifications, contract documents, applicable codes, and all requirements of the Authority Having Jurisdiction.
The work generally includes, but is not limited to, furnishing and installing the following major components:
1. New EVSE Installation:
A. Ten 48A Level 2 dual-port EV chargers;
B. Ten EVSE pedestals, painted RAL 7013 “Brown Gray”;
C. Five concrete foundations for EVSE pedestals.
2. Existing EVSE Replacement (as shown on Sheet E2.0):
A. Removal of four existing Level 2 chargers;
B. Furnishing and installation of four new 48A Level 2 IXP single-port J1772 chargers;
C. Furnishing and installation of four new pedestals with the PAB-04 cable management configuration, painted RAL 7013 “Brown Gray”;
D. Configuration of the four replacement chargers to a maximum output of 32A; and
E. Integration of the four replacement chargers with the new Nexus Core load management controller, including all required configuration, communication, testing, and commissioning.
3. Electrical Infrastructure and Load Management:
A. One 400A, 42-circuit, 65KAIC, NEMA 3R panelboard with ten 60A circuit breakers and surge protective device;
B. One concrete foundation for the new panelboard;
C. New conduits, conductors, grounding, feeder connections, and EVSE branch circuits;
D. Nexus Core load management controller, including configuration, testing, and commissioning;
E. Power and ethernet cabling between the Nexus Sense and Nexus Core equipment.
4. Civil and Site Work:
A. Bollard, wheel stops, parking stall markings, and “Only Charging EV” markings;
B. Trenching, hand digging where required, surface restoration, and protection of existing utilities, trees, and site improvements.
The project plans specifically require the Contractor to furnish and install the EV chargers, pedestals, foundations, panelboard, conduits, conductors, load management equipment, bollard, wheel stops, and EV parking markings.
The plans also require hand digging of EVSE conduits to avoid damage to existing conduits and tree roots, installation of warning tape, compliance with minimum trench cover requirements, and restoration of disturbed surfaces to match existing conditions.
All work shall be performed in accordance with the project plans and applicable codes and standards, including the California Building Code, California Electrical Code, California Fire Code, CALGreen, the Pasadena Municipal Code, the National Electrical Code, and NFPA 70 Article 625 for electric vehicle power transfer systems, as identified in the plans.
The Contractor shall field verify existing conditions before construction, coordinate final equipment locations with the City, protect existing improvements, restore disturbed surfaces, and immediately notify the City and Engineer of Record of any discrepancies between the drawings, specifications, and field conditions.
9.2. LCPtracker / Weekly Certified Payroll Requirement
This Project is funded in whole or in part with federal grant funds and is subject to applicable federal labor compliance requirements, including Davis-Bacon Act requirements and certified payroll reporting.T he U.S. Department of Energy utilizes LCPtracker as its mandatory electronic system for tracking and submitting weekly certified payroll records. The Contractor and all applicable subcontractors must upload complete and accurate certified payroll records electronically through LCPtracker no later than seven (7) calendar days after the regular payment date of each weekly payroll period.
The Contractor and all listed subcontractors must complete LCPtracker registration and required system training at least thirty (30) calendar days prior to commencing any contracted installation or construction activities on site. As part of the federal security and setup protocol in LCPtracker, designated administrative system users for the Contractor and subcontractors will be required to complete a virtual, on-camera identity verification process during system onboarding.
The Contractor and all subcontractors shall maintain basic labor and payroll records during the course of the work and preserve them for a minimum period of three (3) years following final completion and closeout of the Contract. Records shall be made available upon request to authorized representatives of the City of Pasadena, the U.S. Department of Energy, and the U.S. Department of Labor for inspection, auditing, or transcription.
The Contractor shall be responsible for ensuring that all subcontractors comply with these requirements. Failure to submit timely and complete certified payroll records may result in withholding of progress payments, suspension of work, or other remedies available to the City under the Contract Documents.
9.3. Permits, Approvals, and Contractor Responsibilities
The City has obtained the electrical construction permit for the Project, identified as BLDNR2026-00120 / ELE2026-00414, 701 E Union St V2. The Contractor is not responsible for processing or obtaining this permit. The project plans identify the same permit information and include related City approval conditions.
Except for the electrical construction permit identified above, the Contractor shall be responsible for determining whether any additional permits, approvals, inspections, licenses, clearances, traffic control approvals, right-of-way approvals, utility coordination, or other authorizations are required to complete the Work. The Contractor shall obtain, maintain, and comply with all such additional requirements at no additional cost to the City, unless expressly stated otherwise in the Contract Documents.
The Contractor shall coordinate with the City, the Authority Having Jurisdiction, Pasadena Water and Power, utility representatives, and other applicable agencies as necessary to complete the Work. The Contractor shall not commence any portion of the Work requiring a permit, approval, inspection, clearance, or authorization until the applicable requirement has been satisfied.
The Contractor shall be responsible for scheduling, coordinating, and passing all required inspections associated with the Work, including inspections related to the City-obtained electrical construction permit, unless otherwise directed in writing by the City.
9.4. Fixed Price / Complete and Operational Installation
This is a fixed-price construction project. The Bidder’s price shall include all labor, materials, equipment, tools, supervision, transportation, delivery, storage, permits not obtained by the City, inspection coordination, testing, commissioning, site restoration, warranties, overhead, profit, and all other costs necessary to complete the Project in accordance with the plans, specifications, and Contract Documents.
The Contractor shall furnish and install all equipment, materials, components, accessories, appurtenances, and incidentals required to provide a complete, code-compliant, tested, commissioned, and operational EV charging installation. This includes, but is not limited to, the EV chargers, EVSE pedestals, panelboard, conduit, conductors, foundations, load management equipment, bollard, wheel stops, markings, cabling, mounting hardware, and all other materials and components necessary to complete the Project. The plans specifically require the Contractor to furnish and install the Level 2 dual-port EV chargers, pedestals, foundations, panelboard, conduits, conductors, load management controller, bollard, wheel stops, and EV parking markings.
No additional compensation will be allowed for items, components, accessories, appurtenances, incidentals, coordination, or work reasonably required to complete the Project, whether or not specifically itemized, unless expressly excluded from the scope of work in the Contract Documents or approved in writing by the City through a contract amendment or change order.
9.5. Bid Schedule
Bidders shall submit one lump-sum price to furnish and install a complete, code-compliant, tested, commissioned, and operational Playhouse Park EV Chargers Phase II Project in accordance with the plans, specifications, and Contract Documents.
The lump-sum bid price shall include all labor, materials, equipment, EV chargers, EVSE pedestals, panelboard, conduit, conductors, foundations, load management equipment, bollards, wheel stops, markings, cabling, mounting hardware, permits not obtained by the City, inspections, testing, commissioning, site restoration, warranties, overhead, profit, and all other costs necessary to complete the Work.
The plans identify the major equipment and installation items, including ten 48A Level 2 dual-port EV chargers, ten EVSE pedestals, five EVSE pedestal foundations, replacement of four existing Level 2 chargers with four new 48A Level 2 IXP single-port J1772 chargers and associated pedestals, a 400A panelboard, conduit, conductors, a Nexus Core load management controller, wheel stops, bollard, and EV parking markings.
9.6. Project Schedule / Working Hours / Site Constraints
https://www.cityofpasadena.net/planning/construction-and-delivery-hours/
9.7. Protection of Existing Conditions
The Contractor shall field verify existing conditions before beginning construction and shall immediately notify the City and Engineer of Record of any discrepancies between the drawings, specifications, and field conditions. The plans require the Contractor to field verify existing conditions before construction and to verify dimensions, sizes, required clearances, equipment locations, and materials.
The Contractor shall protect all existing utilities, electrical infrastructure, EV chargers, parking improvements, landscaping, trees, sidewalks, pavement, striping, signage, lighting, and other existing improvements to remain. Any damage caused by the Contractor shall be repaired or replaced at the Contractor’s sole expense and to the satisfaction of the City.
The plans specifically require hand digging of EVSE conduits to avoid damage to existing conduits and tree roots.
9.8. Surface Restoration
The Contractor shall restore all areas disturbed by construction, including trenching, excavation, conduit installation, foundation installation, staging, or other construction activities. Restoration shall match existing surface type, thickness, material, finish, and color unless otherwise directed by the City.
The project plans require restoration of surfaces disturbed by trenching, excavation, or conduit installation, and require restoration to match existing surface type, thickness, material finish, and color.
9.9. Submittals
Before ordering equipment or materials, the Contractor shall submit all required product data, shop drawings, manufacturer installation instructions, equipment specifications, and other submittals required by the plans, specifications, and Contract Documents.
Submittals shall include, but are not limited to:
EV chargers and EVSE pedestals;
Panelboard and related electrical equipment;
Conduit, conductors, grounding materials, and raceway components;
Nexus Core load management controller and related equipment;
Bollards, wheel stops, markings, mounting hardware, and related appurtenances;
Concrete mix design, reinforcing steel, anchor bolts, and foundation details;
Testing and commissioning procedures;
Warranty documentation;
Proposed substitutions, if any.
9.10. Materials and Equipment
All materials and equipment shall be new, unused, and suitable for the intended use and installation environment. The Contractor shall furnish and install all equipment and materials necessary to provide a complete, tested, commissioned, and operational EV charging installation.
The plans require all equipment and materials shown on the plans to be new and furnished and installed by the Contractor, unless otherwise noted.
Electrical equipment shall be listed, labeled, or certified by a Nationally Recognized Testing Laboratory where required. The plans also require electrical equipment to be labeled, listed, or certified by a Nationally Recognized Testing Laboratory accredited by OSHA.
9.11. Substitutions
The Bidder shall base its bid on the equipment, materials, and requirements identified in the plans and Contract Documents. Proposed substitutions shall be submitted to the City for review and approval before procurement or installation.
No substitution shall be permitted unless approved in writing by the City. The Contractor shall be responsible for demonstrating that any proposed substitution is equal to or better than the specified equipment or material, fully compatible with the project design, acceptable to the Authority Having Jurisdiction, and capable of meeting all functional, technical, warranty, commissioning, and grant requirements.
Approval of a substitution shall not relieve the Contractor of responsibility for providing a complete, code-compliant, tested, commissioned, and operational installation.
9.12. Testing and Commissioning
The Contractor shall perform all testing, startup, configuration, commissioning, verification, and documentation necessary to confirm that the EV charging installation is complete, operational, code-compliant, and ready for use.
Testing and commissioning shall include, but is not limited to:
Verification of proper installation of EV chargers, pedestals, panelboard, conduit, conductors, grounding, foundations, load management equipment, and related components;
Electrical testing required by applicable codes, standards, manufacturer instructions, and the Authority Having Jurisdiction;
Configuration, testing, and commissioning of the Nexus Core load management controller;
Verification of communication connections, including power and ethernet connections between Nexus Sense and Nexus Core equipment;
Charger startup, activation, and operational testing;
Coordination with the City, PWP, equipment manufacturers, and any applicable network or software providers;
Correction of deficiencies identified during inspection, testing, commissioning, or punch list review.
The plans specifically identify the Nexus Core load management controller, including configuring, testing, and commissioning, as part of the work.
10. Public Contract Claims Procedure
PUBLIC CONTRACT CODE SECTION 9204 PUBLIC WORKS CLAIMS PROCEDURE
AB 626, approved by the Governor on September 29, 2016, created a new Public Contract Code Section 9204, which specifies new procedural requirements for claims submitted by a contractor on any public works project. These new requirements contain burdens for both private contractors and public entities and are specifically made applicable to charter cities.
For this legislation, a “public works project” is defined as “the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind.” This definition is not as broad as in the Prevailing Wage Law.
A “claim” is defined as “a separate demand by a contractor sent by registered mail or certified mail with return receipt requested…” and is limited to three types of contract disputes:
1. “A time extension…for relief from damages or penalties for delay assessed by a public entity….”
2. “Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled”, and/or
3. “Payment of an amount that is disputed by the public entity.”
Upon receipt of a claim, a public entity must "conduct a reasonable review" and provide a written statement to the contractor within 45 days of receipt of the claim. Failure of a public entity to respond to a claim within the time periods described in Section 9204 "shall result in the claim being deemed rejected in its entirety."
For any undisputed portion of a claim, a public entity must make payment within 60 days of the public entity's issuance of the written statement.
If the contractor disputes the public entity's written statement, or if the public entity fails to respond, the contractor may demand "an informal conference to meet and confer for settlement of the issues in dispute." The public entity must schedule the meet and confer conference within 30 days of the demand.
Within 10 business days following the meet and confer conference, the public entity must provide a written statement identifying the portion of the claim that remains in dispute.
Any payment due on an undisputed portion of the claim must be made within 60 days of the meet and confer conference. Amounts not paid in a timely manner shall bear interest at 7 percent per year.
After the meet and confer conference, any disputed portion of the claim "shall be submitted to non-binding mediation." If mediation fails to resolve the dispute, the parts of the claim that remain in dispute shall be subject to applicable procedures outside Section 9204 (statutory and contractual).
The full text of this new legislation is set forth below:
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1.
Section 9204 is added to the Public Contract Code, to read:
9204.
(a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner.
(b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project.
(c) For purposes of this section:
(1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project.
(B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled.
(C) Payment of an amount that is disputed by the public entity.
(2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project.
(3) (A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency.
(B) “Public entity” shall not include the following:
The Department of Water Resources as to any project under the jurisdiction of that department.
The Department of Transportation as to any project under the jurisdiction of that department.
The Department of Parks and Recreation as to any project under the jurisdiction of that department.
The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code.
The Military Department as to any project under the jurisdiction of that department.
The Department of General Services as to all other projects.
The High-Speed Rail Authority.
(4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind.
(5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor.
(d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision.
(B) The claimant shall furnish reasonable documentation to support the claim.
(C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion.
(D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.
(2) (A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute.
(B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.
(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
(D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
(E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant.
(4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.
(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.
(e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section.
(f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section.
(g) This section applies to contracts entered into on or after January 1, 2017.
(h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations.
(i) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2027, deletes or extends that date.
(Amended by Stats. 2019, Ch. 489, Sec. 1. (AB 456) Effective January 1, 2020. Repealed as of January 1, 2027, by its own provisions.)
SEC. 2.
The Legislature finds and declares that it is of statewide concern to require a charter city, charter county, or charter city and county to follow a prescribed claims resolution process to ensure there are uniform and equitable procurement practices.
SEC. 3.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
11. FEDERAL CONTRACT PROVISIONS
1. ACCESS TO RECORDS
The following access to records requirements apply to this contract: (1) The Contractor agrees to provide (California), (City of Pasadena), the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The Contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance with the Disaster Recovery Act of 2018, the (City of Pasadena) and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States.
2. DHS SEAL, LOGO, AND FLAGS
“The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval.”
3. COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS
“This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives.”
4. NO OBLIGATION BY FEDERAL GOVERNMENT
“The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract.”
5. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS
“The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor’s actions pertaining to this contract.”
6. 2 CFR § 200.216: PROHIBITION ON CONTRACTING FOR COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES
FEMA recipients and subrecipients and their contractors and subcontractors are required per 2 C.F.R. Part 200, Appendix II to include a contract provision in all FEMA-funded contracts and subcontracts, including any purchase orders. 1. On or after Aug. 13, 2020, for all new, extended, or renewed contracts using FEMA funds, especially for covered telecommunications equipment or services: a. FEMA recipients and subrecipients are required to include a provision in their contracts explaining the prohibitions under section 889 of the NDAA and as clarified in this policy. b. This also applies to subcontracts under any new, extended, or renewed contract. (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy, #405-143-1 Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services As used in this clause. The link to the policy is listed here: Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim) FEMA Policy #405-143-1 (b) Prohibitions. (1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions. (1) This clause does not prohibit contractors from providing— a. A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or b. Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to: a. Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. b. Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d) Reporting requirement. (1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments.
7. CFR § 200.322 - Domestic preferences for procurements.
(a) As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. (b) For purposes of this section: (1) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.
8. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT
ONLY REQUIRED FOR FUNDING AGREEMENTS
a. Standard. If the FEMA award meets the definition of “funding agreement” under 37C.F.R. § 401.2(a) and the non-Federal entity wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the non Federal entity must comply with the requirements of 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements), and any implementing regulations issued by FEMA. See 2 C.F.R. Part 200, Appendix II(F).
b. Applicability. This requirement applies to “funding agreements,” but it DOES NOT apply to the Public Assistance, Hazard Mitigation Grant Program, Fire Management Assistance Grant Program, Crisis Counseling Assistance and Training Grant Program, Disaster Case Management Grant Program, and Federal Assistance to Individuals and Households – Other Needs Assistance Grant Program, as FEMA awards under these programs do not meet the definition of “funding agreement.”
c. Funding Agreements Definition. The regulation at 37 C.F.R. § 401.2(a) defines “funding agreement” as any contract, grant, or cooperative agreement entered into between any Federal agency, other than the Tennessee Valley Authority, and any contractor for the performance of experimental, developmental, or research work funded in whole or in part by the Federal government. This term also includes any assignment, substitution of parties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as defined in the first sentence of this paragraph.
9. SMALL, MINORITY, AND WOMEN’S BUSINESS ENTERPRISES AND LABOR SURPLUS AREA FIRMS
City of Pasadena and contractors may be subject to the equal opportunity requirements implementing Executive Order 11246, “Equal Employment Opportunity,” as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and as supplemented by regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor”, as well as 2 C.F.R. §200.321, “Contracting with small and minority businesses, women’s business enterprises, and labor surplus area firms.” Contractors shall be required to complete the applicable Equal Employment Opportunity forms and SBE/MBE/WBE/LSA forms included in the project specifications. Contractor shall also sign and submit a certification that declares all necessary affirmative steps were taken to assure that small and minority businesses, women’s business enterprises, and labor surplus area firms were used when possible, as outlined by 2 C.F.R. §200.321.
10. CARGO PREFERENCE ACT (CPA)
Contractors shall comply with the CPA requirements as implemented by 46 CFR 381 in order to ensure a fair and reasonable participation by privately owned United States-flag commercial vessels in transporting cargoes which are subject to the Cargo Preference Act of 1954 and which are generated by U.S. Government Grant, Guaranty, Loan and/or Advance of Funds Programs
Use of United States-flag vessels: The contractor agrees –
1. To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners,
and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels.
2. To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, ‘on-board’ commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (b) (1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590.
3. To insert the substance of the provisions of this clause in all subcontracts issued pursuant to this contract.”
11. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
REQUIRED FOR FEDERALLY FUNDED AGREEMENTS IN EXCESS OF $100,000 AND INVOLVES THE EMPLOYMENT OF MECHANICS OR LABORERS.
The Contractor shall comply with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations at 29 C.F.R. Part 5. See 2 C.F.R. Part 200, Appendix II(E). Under 40 U.S.C. § 3702, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard workweek is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Further, no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous.
1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section.
3. Withholding for unpaid wages and liquidated damages. The (City of Pasadena) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work
Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section.
4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section.
5. Records. The contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid.
6. Access to Records. Records to be maintained under this provision shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Homeland Security, the Federal Emergency Management Agency, and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job.”
12. Copyright and Data Rights
An NFE is required by 2 C.F.R. § 200.315 to provide certain licenses with respect to copyright and data to the federal awarding agency. 2 C.F.R. § 200.315(b) provides to the federal awarding agency “a royalty-free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use [any work that is subject to copyright] for federal purposes, and to authorize others to do so.” 2 C.F.R. § 200.315(d) provides to the federal government the rights to “obtain, reproduce, publish, or otherwise use” data produced under a federal award and to authorize others to do the same.
Applicability
When an NFE enters into a contract requiring a contractor or subcontractor to produce copyrightable subject matter and/or data for the NFE under the award, the NFE should include appropriate copyright and data licenses to meet its obligations under 2 C.F.R. § 200.315(b) and (d), respectively. Work that is subject to copyright, or copyrightable subject matter, includes any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works.
Suggested Language
The following provides a sample contract clause: “License and Delivery of Works Subject to Copyright and Data Rights” The Contractor grants to the (City of Pasadena), a paid-up, royalty-free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the Contractor will identify such data and grant to the (City of Pasadena) or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the Contractor will deliver to the (City of Pasadena) data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the (City of Pasadena).”
12. FEDERAL TERMS AND CONDITIONS
This Project is funded in whole or in part through federal financial assistance provided by the U.S. Department of Energy (“DOE”) under the Energy Efficiency and Conservation Block Grant (“EECBG”) Program, authorized through the Infrastructure Investment and Jobs Act (“IIJA”), Assistance Listing No. 81.128.
The Contractor and all applicable subcontractors shall comply with the federal requirements applicable to the Project, including the requirements identified in this Section and elsewhere in the Contract Documents.
Where a federal requirement conflicts with another provision of the Contract Documents, the Contractor shall promptly notify the City in writing and shall not proceed with the affected work until directed by the City.
12.1. Equal Employment Opportunity
To the extent applicable to this federally assisted construction Contract, the Contractor shall comply with the Equal Employment Opportunity requirements of 2 CFR Part 200, Appendix II(C) and applicable requirements of 41 CFR Part 60.
The Contractor shall include all applicable Equal Employment Opportunity requirements in covered subcontracts.
12.2. Compliance with the Davis-Bacon Act
This Project is funded in whole or in part with federal financial assistance provided by the U.S. Department of Energy (“DOE”) under the Energy Efficiency and Conservation Block Grant (“EECBG”) Program and is subject to the Davis-Bacon Act and applicable Davis-Bacon Related Act requirements.
The Contractor and all subcontractors of every tier performing covered construction, alteration, or repair work shall comply with the Davis-Bacon Act, 40 U.S.C. §§ 3141–3148, applicable provisions of 29 CFR Parts 1, 3, and 5, and all applicable DOE labor standards requirements.
A. Applicable Federal Wage Determination
The applicable U.S. Department of Labor (“DOL”) Davis-Bacon wage determination for this Project is General Decision No. CA20260022, Modification No. 4, dated July 14, 2026, for Los Angeles County, California. The wage determination is included as an attachment to this solicitation and is incorporated into the Contract Documents. Bidders shall base their bids on this wage determination and any subsequent modifications incorporated into the solicitation by the City through addendum.
The Contractor shall ensure that the applicable wage determination is incorporated into all covered subcontracts and lower-tier subcontracts.
B. Payment of Prevailing Wages
All covered laborers and mechanics employed in the performance of the Work shall be paid not less than the applicable federal prevailing wage rates and fringe benefits for the classification of work actually performed.
Covered employees shall be paid not less frequently than once per week.
Federal Davis-Bacon requirements are in addition to applicable California prevailing wage requirements. Compliance with one requirement does not relieve the Contractor or any subcontractor of its obligation to comply with the other.
C. Certified Payroll and LCPtracker
The Contractor and all applicable subcontractors shall prepare and submit complete and accurate certified payroll records for each week in which covered work is performed.
Certified payroll records shall be submitted electronically through DOE’s LCPtracker system in accordance with the LCPtracker / Weekly Certified Payroll Requirements contained elsewhere in the Contract Documents.
The Prime Contractor shall be responsible for ensuring the timely and accurate submission of certified payroll records by all subcontractors and lower-tier subcontractors.
Certified payroll records shall accurately identify, as applicable, employee classifications, hours worked, wage rates, fringe benefits, deductions, and wages paid.
D. Subcontractor Flowdown
The Contractor shall include the applicable Davis-Bacon labor standards requirements and the applicable federal wage determination in every covered subcontract and lower-tier subcontract, regardless of subcontract amount.
The Prime Contractor shall be responsible for compliance by its subcontractors and lower-tier subcontractors with applicable Davis-Bacon requirements.
E. Additional Worker Classifications
If work is required to be performed by a laborer or mechanic classification that is not listed in the applicable wage determination, the Contractor shall notify the City and cooperate with the City in obtaining an additional classification and wage rate through the applicable DOL conformance process.
The Contractor shall not establish or use an unlisted classification or wage rate in lieu of the applicable federal conformance process.
F. Apprentices
Apprentices may be employed and compensated at apprentice wage rates only when they are individually registered in a bona fide apprenticeship program recognized in accordance with applicable federal requirements. The Contractor and subcontractors shall comply with all applicable apprenticeship wage, fringe benefit, and ratio requirements.
G. Required Job-Site Posting
The Contractor shall post and maintain at the Project site, in a prominent and accessible location where workers can readily see them:
The applicable Davis-Bacon wage determination, including applicable modifications; and
U.S. Department of Labor Publication WH-1321, Employee Rights Under the Davis-Bacon Act.
H. Payroll Records, Access, and Employee Interviews
The Contractor and all subcontractors shall maintain payroll and supporting records required by applicable Davis-Bacon requirements for a minimum of three years following completion of the Contract, or for any longer period required by applicable law or the Contract Documents.
Records shall be made available upon request to authorized representatives of the City of Pasadena, DOE, DOL, and other authorized governmental agencies for inspection, copying, or transcription.
The Contractor and subcontractors shall permit authorized representatives to conduct worker interviews and other compliance reviews at the Project site as required for federal labor standards compliance.
I. Underpayments, Withholding, and Corrective Action
If the City, DOE, DOL, or another authorized agency identifies a potential labor standards violation, the Contractor shall cooperate in the investigation and promptly provide requested records and information.
The Contractor shall be responsible for correcting wage underpayments and certified payroll deficiencies attributable to the Contractor or its subcontractors. The City may withhold or cause to be withheld amounts otherwise due under the Contract when authorized or required to ensure compliance with applicable federal labor standards.
Failure to comply with Davis-Bacon requirements may result in withholding of payments, restitution of unpaid wages, contract remedies, suspension or termination, debarment, or other remedies authorized by law.
J. Non-Retaliation
The Contractor and subcontractors shall not discharge, discriminate against, or otherwise retaliate against any worker for asserting rights under the Davis-Bacon Act or cooperating with a labor standards compliance review or investigation.
K. DOE Reporting Support
The Contractor shall timely provide the City with information reasonably requested to support the City’s DOE Davis-Bacon compliance and reporting obligations, including information necessary for semiannual labor standards compliance and enforcement reporting.
L. Federal Labor Standards Clauses
The full federal labor standards contract clauses required by 29 CFR § 5.5 and the applicable DOL wage determination shall be included in the Contract Documents. In the event of a conflict between this summary and the federally required labor standards clauses, the applicable federal requirements shall govern.
12.3. Copeland "Anti-Kickback" Act
The Contractor and all applicable subcontractors shall comply with the Copeland “Anti-Kickback” Act, 40 U.S.C. § 3145, and the implementing regulations at 29 CFR Part 3.
No Contractor or subcontractor shall induce, by any means, any person employed in the construction, completion, or repair of the Project to give up any part of the compensation to which that person is entitled.
The Contractor shall promptly report to the City any suspected or reported violation of these requirements. The City will make any required report to DOE or other appropriate federal agency.
12.4. Contract Work Hours and Safety Standards Act
For work subject to the Contract Work Hours and Safety Standards Act (“CWHSSA”), 40 U.S.C. §§ 3701–3708, the Contractor and all applicable subcontractors shall comply with 40 U.S.C. §§ 3702 and 3704 and the implementing regulations at 29 CFR Part 5.
For purposes of this Section, the terms “laborers and mechanics” include watchpersons and guards.
A. Overtime Requirements
No Contractor or subcontractor shall require or permit any covered laborer or mechanic to work more than forty (40) hours in any workweek unless such worker is compensated at a rate of not less than one and one-half times the worker’s basic rate of pay for all hours worked in excess of forty (40) hours in that workweek.
B. Working Conditions
No laborer or mechanic shall be required to work in surroundings or under working conditions that are unsanitary, hazardous, or dangerous in violation of applicable CWHSSA requirements.
C. Violation; Unpaid Wages and Liquidated Damages
The Contractor and any subcontractor responsible for a violation of the overtime requirements of this Section shall be liable for any unpaid wages and applicable interest from the date of the underpayment.
In addition, the Contractor and responsible subcontractor shall be liable to the United States for liquidated damages in the amount established by applicable federal law. As of the date of this solicitation, the applicable amount is $33 for each calendar day, for each affected laborer or mechanic, including watchpersons and guards, on which the worker was required or permitted to work more than forty (40) hours in a workweek without receiving the required overtime compensation.
If the federally prescribed liquidated damages amount is modified by law or regulation, the amount required by federal law at the applicable time shall govern.
D. Withholding for Unpaid Wages and Liquidated Damages
The City of Pasadena may, upon its own action, and shall upon written request of an authorized representative of the U.S. Department of Labor when required by applicable law, withhold or cause to be withheld from payments due to the Contractor such amounts as may be necessary to satisfy liabilities for unpaid wages, monetary relief including interest, and liquidated damages arising from violations of CWHSSA.
Such withholding may be applied as authorized by applicable federal law to this Contract or other federal or federally assisted contracts held by the same Prime Contractor.
E. Subcontracts and Lower-Tier Subcontracts
The Contractor and each subcontractor shall include the applicable CWHSSA requirements contained in 29 CFR § 5.5(b)(1) through (5) in all covered subcontracts and shall require subcontractors to include the same requirements in all covered lower-tier subcontracts.
The Prime Contractor shall be responsible for compliance by all subcontractors and lower-tier subcontractors with applicable CWHSSA requirements.
The Prime Contractor and any subcontractor responsible for a violation may be liable for unpaid wages, monetary relief including interest, applicable liquidated damages, and other remedies authorized by law.
F. Anti-Retaliation
The Contractor and subcontractors shall not discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or otherwise discriminate against any worker or job applicant for:
Reporting or raising a reasonable concern regarding a potential violation of CWHSSA or its implementing regulations;
Filing a complaint, initiating or participating in a proceeding, or asserting rights or protections under CWHSSA;
Cooperating with an investigation, compliance review, or proceeding concerning CWHSSA; or
Informing another person of rights or protections provided under CWHSSA.
G. Federal Contract Clauses
The requirements of 29 CFR § 5.5(b)(1) through (5) are incorporated into this Contract and shall apply to the Contractor and all covered subcontractors and lower-tier subcontractors.
In the event of a conflict between this Section and the applicable federal labor standards requirements, the federal requirements shall govern.
12.5. Clean Air Act and Federal Water Pollution Control Act
For contracts exceeding $150,000, the Contractor shall comply with all applicable standards, orders, and regulations issued pursuant to the Clean Air Act, 42 U.S.C. §§ 7401–7671q, and the Federal Water Pollution Control Act, 33 U.S.C. §§ 1251–1387, as amended.
The Contractor shall promptly report any violation to the City. The City will make any required notification to DOE and the appropriate U.S. Environmental Protection Agency Regional Office.
The Contractor shall include this requirement in each applicable subcontract exceeding $150,000 that is funded in whole or in part with federal financial assistance.
12.6. Debarment and Suspension Certification
This Contract is subject to the federal debarment and suspension requirements of 2 CFR Part 180, as adopted and supplemented by the U.S. Department of Energy (“DOE”) at 2 CFR Part 901.
The City shall not award this Contract to a person or entity that is suspended, debarred, excluded, or otherwise ineligible to participate in covered federal transactions.
A. SAM.gov Verification
Prior to Contract award, the City will verify that the apparent successful Bidder and its principals are not identified as excluded, suspended, debarred, or otherwise ineligible in the federal System for Award Management (“SAM.gov”).
The Bidder shall provide such identifying information as reasonably requested by the City to complete the SAM.gov verification.
The Contractor shall immediately notify the City in writing if the Contractor or any principal becomes suspended, debarred, excluded, or otherwise ineligible to participate in covered federal transactions during performance of the Contract.
B. Lower-Tier Covered Transactions
The Contractor shall comply with the applicable requirements of 2 CFR Part 180, Subpart C, as supplemented by 2 CFR Part 901, and shall not knowingly enter into a covered lower-tier transaction with a person or entity that is suspended, debarred, excluded, or otherwise ineligible to participate in federal covered transactions.
The Contractor shall include all applicable debarment and suspension requirements in covered lower-tier transactions.
C. Certification and Remedies
By submitting a Bid, the Bidder represents that, to the best of its knowledge and belief, neither the Bidder nor any principal participating in the Contract is presently suspended, debarred, excluded, or otherwise disqualified from participation in covered federal transactions.
A false or materially misleading representation concerning suspension, debarment, exclusion, or eligibility may constitute grounds for rejection of the Bid, termination of the Contract, or other remedies available to the City or Federal Government.
12.7. Byrd Anti-Lobbying Amendment
For contracts exceeding $100,000, the Bidder shall submit the certification required by the Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352.
The Contractor certifies that it has not and will not use federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of a federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the obtaining of any federal contract, grant, or other covered federal award.
If the Contractor uses non-federal funds for lobbying activities that are required to be disclosed under 31 U.S.C. § 1352, the Contractor shall complete and submit Standard Form LLL, Disclosure of Lobbying Activities, as applicable.
The Contractor shall include the applicable certification and disclosure requirements in covered lower-tier transactions.
12.8. Contract Remedies and Termination
The administrative, contractual, and legal remedies and the termination-for-cause and termination-for-convenience provisions contained elsewhere in the Contract Documents are incorporated into this Section and shall apply to this federally assisted Contract in accordance with 2 CFR Part 200, Appendix II(A) and (B).
12.9. Domestic Preference for Procurements
In accordance with 2 CFR § 200.322, the Contractor shall, to the greatest extent practicable and consistent with law, provide a preference for the purchase, acquisition, or use of goods, products, and materials produced in the United States in performing the Contract.
The Contractor shall include the requirements of this subsection in applicable subcontracts and purchase orders issued for work or products under the Project.
This domestic-preference requirement is separate from the Build America, Buy America Act (“BABA”).
12.10. Small Businesses and Other Business Enterprises
In accordance with 2 CFR § 200.321, the Contractor shall, when possible, take appropriate steps to ensure that small businesses, minority businesses, women’s business enterprises, veteran-owned businesses, and labor surplus area firms are considered when awarding subcontracts under this Contract.
The Contractor shall apply the requirements of 2 CFR § 200.321 to its subcontracting activities under the Project.
Current § 200.321 specifically includes small, minority, women-owned, veteran-owned, and labor-surplus-area businesses and requires contractors to apply the provision to subcontracts.
12.11. Procurement of Recovered Materials
The Contractor shall comply with 2 CFR § 200.323 and Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, to the extent applicable to materials furnished under the Contract.
For EPA-designated items subject to these requirements, the Contractor shall procure products containing the highest percentage of recovered materials practicable while maintaining a satisfactory level of competition and meeting the Project requirements.
The federal recovered-material requirement applies to state and local governmental recipients and their contractors when the applicable purchasing thresholds are met
12.12. National Environmental Policy Act and Historic Preservation Requirements
The Project is subject to DOE environmental review requirements under the National Environmental Policy Act (“NEPA”) and the applicable DOE EECBG environmental and historic preservation requirements and determinations for the Project
The Contractor shall perform the Work in a manner consistent with the scope and conditions approved by DOE.
The Contractor shall not materially change the location, nature, extent, or method of ground-disturbing work in a manner that could affect the Project’s NEPA or historic-preservation compliance without prior written authorization from the City.
The Contractor shall promptly provide the City with information reasonably requested to satisfy DOE environmental and historic-preservation reporting requirements, including information concerning:
Dates and locations of ground-disturbing activities;
Description and extent of ground disturbance;
Changes from the approved plans or construction methods;
Photographs and other documentation of the affected areas; and
Other information required for DOE NEPA or historic-preservation reporting.
DOE's FARC requires quarterly NEPA logs for all ground-disturbing activities, and DOE's SOW 1 is specifically the EECBG equipment-rebate pathway for non-tribal recipients with a historic-preservation programmatic agreement where ground disturbance may occur.
12.13. Access to Records and Federal Audit
The Contractor and subcontractors shall maintain books, documents, papers, payrolls, and other records sufficient to demonstrate compliance with the Contract and applicable federal requirements.
Upon reasonable request, the Contractor shall make relevant records available for inspection, copying, audit, examination, or transcription by the City of Pasadena, U.S. Department of Energy, U.S. Department of Labor, Comptroller General of the United States, and other authorized governmental representatives, to the extent permitted or required by applicable law.
The Contractor shall cooperate with lawful federal or City compliance reviews, audits, investigations, payroll reviews, and worker interviews relating to the Project.
12.14. Federal Requirements – Subcontractor Flowdown
The Contractor shall include in its subcontracts and lower-tier subcontracts all applicable federal requirements identified in the Contract Documents as requiring flowdown.
At a minimum, each federal provision that expressly requires flowdown shall be included in applicable lower-tier contracts and purchase orders.
The Prime Contractor remains responsible to the City for compliance by its subcontractors and lower-tier subcontractors with all applicable federal requirements.
12.15. Prohibition on Certain Telecommunications and Video Surveillance Equipment or Services
The Contractor and all applicable subcontractors shall comply with 2 CFR § 200.216 and Section 889 of the National Defense Authorization Act for Fiscal Year 2019, Public Law 115-232.
Federal funds shall not be used to procure or obtain covered telecommunications equipment or services, extend or renew a contract to procure or obtain covered telecommunications equipment or services, or enter into a contract to procure or obtain covered telecommunications equipment or services.
For purposes of this Section, covered telecommunications equipment or services include:
Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation, including subsidiaries and affiliates;
For public safety, security of government facilities, physical-security surveillance of critical infrastructure, and other national-security purposes, video surveillance or telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company, including subsidiaries and affiliates;
Telecommunications or video surveillance services provided by such entities or using such equipment; and
Other telecommunications or video surveillance equipment or services determined by the Federal Government to be covered under Section 889 of Public Law 115-232.
The prohibition also applies to systems that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.
The Contractor shall ensure that equipment, systems, components, and services furnished under this Contract comply with these requirements.
If the Contractor or any subcontractor identifies covered telecommunications or video surveillance equipment or services associated with the Project, the Contractor shall immediately notify the City in writing and shall not procure, install, use, or incorporate the affected equipment or services using federal funds unless expressly authorized by applicable federal law and approved in writing by the City.
The Contractor shall include this requirement in all applicable subcontracts and purchase orders issued in connection with the federally funded Project.
12.16. Federal Reporting and Documentation Support
The Contractor acknowledges that the City, as the EECBG recipient, is responsible for submitting required reports and documentation to DOE.
The Contractor shall timely provide all information and documentation reasonably requested by the City to support federal reporting, reimbursement, audit, and closeout requirements. Such documentation may include, but is not limited to:
Itemized invoices for equipment, materials, and installation work;
Proof of equipment and material purchases;
Manufacturer, model, serial number, and equipment identification information;
Dates of delivery, installation, testing, and commissioning;
Photographs documenting installation and completed work;
Project location information;
Certified payroll and labor compliance documentation;
Information necessary for NEPA and historic-preservation reporting; and
Other documentation reasonably required by DOE or the City to demonstrate compliance with the EECBG award.
13. Bidder's Proposal
To the Honorable City Council of the City of Pasadena, California
In response to the Notice Inviting Bids forPlayhouse Park EV Chargers Phase II Construction Project the undersigned proposes and agrees to furnish the required material in strict conformity with the general and detailed specifications and data on manufacturer’s data sheets and/or exceptions made part of the bid and accepted by the City in writing.
INSTRUCTIONS:
Each bidder must bid on all items shown in the Bidder’s Pricing Table. If any bidder makes any alteration, interlineation or deviation in any of the printed matter of the proposal or if the signature of the bidder is incomplete, the bid will be considered informal and may be rejected.
The price bid shall include any and all charges required under the California Retail Sales Act of 1933 as amended and the California Use Tax Act of 1935.
Instructions:For each Item, please multiply the Unit Price by the corresponding Quantity to determine the Item Price. Sum the Item Prices to determine the Item Total. Sum the Item Total and the Sales Tax to determine the Grand Total Price.
All bid pricing must be entered into the City's eProcurement Portal or the bid may be considered informal and deemed non-responsive, do not use a separate document attachment to represent your pricing. All required attachments 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).
Export This Table
Line Item
Description
Quantity
Unit of Measure
Unit Cost
Total
1
Lump Sum Base Bid – Playhouse Park EV Chargers Phase II Construction, including new EVSE installation and replacement of four existing Level 2 chargers as specified in the Contract Documents.
1
LS
Total
$0.00
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14. Attachments
A - PC0_701_UNION_ST_-_PLANS_-_260427_v2
B - MASTER LABOR AND MATERIALS CONTRACT (12-18-24)
C - REQUIRED FORMS - AAs - SIG-LEGAL-STATUS - DECLARATION OF NONCOLUSION 08022024 v2
D - RELEVANT EXPERIENCE FORM
E - MATERIAL AND LABOR BOND FORM
F - FAITHFUL PERFORMANCE BOND FORM
G - Subcontractor Listing
J - Disclosure of Lobbying Activities
L - Unique Entity ID (SAM)
M - Applicable DOL Davis-Bacon Wage Determination for Los Angeles County
N - 29 CFR 5.5 (up to date as of 8-21-2026)
15. Submittal Instructions
15.1. Early Preparation for Submission
We value your participation in this solicitation and want to ensure you have every opportunity to present your response in the manner instructed in this solicitation. It is important that you submit a complete response prior to 2:00 pm on Wednesday, October 14, 2026 through this eProcurement portal. We strongly advise against waiting to within the last three days of the submittal deadline to begin working on your response. Starting early on your response increases time to:
Thoroughly review all requirements and the entire solicitation document.
Gather, organize, and complete the necessary documents for submittal.
Address any unforeseen technical issues that may arise during the preparation or submittal of your response.
Delaying your response may result in errors, or can cause you to miss the submission deadline. Either of which can negatively impact your submittal or cause your submittal to not be accepted.
15.2. Training Resources for Vendors:
Screen Shots:
Instructions for the new eProcurement System: The following link will help you Get Started (https://opengov.my.site.com/support/s/article/c7a5affa-e073-4d5a-8d87-b6eadcf343a9) and will include vendor guides for using the system. Below are additional screen shots for support.
All Video Guides: OpenGov Procurement Vendor Training
New Supplier Account
Submit a Bid or Proposal
Updating Your Company Designation on a Solicitation
Vendor Selection of Category Codes
How To Subscribe To Organizations And Find Active RFPs & Bids
Login Process
How to Edit or Withdraw your Proposal after it's been Submitted
How to Submit a Question
Viewing Bid Results
Video Trainings
15.3. OpenGov Technical Support
Technical support for an eProcurement system plays a vital role in ensuring smooth operations. You can call or email technical support using the information below.
Phone: (650) 336-7167
Email: support@support.opengov.com
Issue Log: https://opengov.my.site.com/support/s/contactsupport/incident
Live Chat: Click on the circle blue icon at the bottom right of the screen.
15.4. Internet Access
The City cannot guarantee that equipment involved in Solicitation Submission will be available to provide information or receive transmittals. It is your responsibility to ensure that you have current information and that your Submission is received as instructed in this solicitation complete and prior to the deadline. The City is not responsible for the confidentiality of information transmitted over the Internet.
It is the Respondent's responsibility to review your status in our eProcurement system and update your contact information and notification preferences accordingly.
The City does not recommend waiting until the last two days to start preparing or submitting your response.
15.5. Electronic Submission and Delivery Instructions
Parties interested in responding are required to submit electronically through the City of Pasadena's eProcurement Portal prior to 2:00 pm, Wednesday, October 14, 2026. Please upload all required documents as instructed in the section named Submittals/Checklist sufficiently early electronically through the city's eProcurement Portal before the time and day listed in this solicitation. Responses must be received in the system prior to the deadline.
The Specification or Scope of Work included in this Notice shall be considered part of any contract made pursuant thereunder.
15.6. Withdrawal of Proposal
Any Bidder or Proposer may withdraw their response via the City's eProcurement Portal prior to 2:00 pm on Wednesday, October 14, 2026.
15.7. City Changes to the Solicitation Documents
The City reserves the right to change any part of these Instructions 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 or Proposer. A Bidder's or Proposer's failure to address the requirements of the addenda may result in the response 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 "Playhouse Park EV Chargers Phase II Construction Project." Project ID: 2026-IFB-LM-0403. Bidders or Proposers can view a list of addenda released by the City by clicking on "Addenda & Notices." While drafting a response, there is a section for "Addenda Confirmation" where Bidders or Proposers must acknowledge each addenda released.
15.8. Deadline for Questions
The deadline to submit questions related to this solicitation is Thursday, September 24, 2026, prior to 2:00 pm.
Questions regarding this solicitation should be submitted directly through the City's eProcurement Portal Q&A function. Do not contact any City employee or official regarding this solicitation. Any questions submitted after the date and time specified may not be considered.
15.9. Follow these simple steps to submit your proposal electronically:
If you are already registered and need help logging in or retrieving your user information utilize the blue chat bubble visible on the lower right hand corner of the screen.
Click on the hyperlink for the City's eProcurement Portal to create your vendor profile.
Electronic Submission of Bids
All Proposers are required to submit their bid pricing electronically via the city's eProcurement Portal. The electronic system will close submission exactly at the date and time set forth in this solicitation or as changed by addenda. In addition, your bid must be submitted via the eProcurement Portal.
Proposers are responsible for submitting and having their bid accepted before the closing time set forth in this solicitation or as changed by addenda. NOTE: It is the Proposer's sole responsibility to ensure their bid and document(s) are uploaded, transmitted, and arrive in time electronically. The City will have no responsibility for bids that do not arrive in a timely manner, no matter what the reason.
Upon closing of the Bid, Bid Results will be available on the City's eProcurement Portal.
In the case of a discrepancy between the electronic bid schedule (pricing) and any uploaded Bid schedule document or pricing, the electronic bid schedule will be the accepted bid.
Steps to Submit Your Electronic Proposal:
To submit an offer to the City, vendor must begin by clicking on the green DRAFT PROPOSAL button.
https://procurement.opengov.com/portal/pasadena/projects/281150
1. Acknowledge all Addenda
2. Accept City of Pasadena Terms and Conditions Message
3. Answer all required vendor questions.
4. Upload all required forms. Proposer may save their work and return.
5. Review your work and submit proposal when ready.
6. You will receive a confirmation email from OpenGov upon receipt of your bid/proposal.
7. Proposer may withdraw their bid at any time prior to 2:00 pm on Wednesday, October 14, 2026.
Note: If an addenda is issued after a response has been submitted, Proposer or bidder must return to take steps below. Failure to do both steps will result in an invalidated offer.
1- Acknowledge the new addenda; and
2- Resubmit your bid through the City's eProcurement Portal.
Do Not upload a Zip File: Unzip Your Files
Note: If your files are [zipped or] in a zip folder, you may need to unzip the files before uploading. The following instructions may be helpful to do so.
Open File Explorer, and find the zipped folder.
To unzip the entire folder, right-click to select Extract All, and then follow the instructions.
To unzip a single file or folder, double-click the zipped folder to open it. Then, drag or copy the item from the zipped folder to a new location.
15.10. Vendor Registration Instructions & Customer Service information:
Click here to register onto the City's eProcurement Portal hosted by OpenGov.
If you are already registered and need help logging in or retrieving your user information simply click on the blue chat bubble on the lower right hand corner of your screen or contact OpenGov at procurement-support@opengov.com for help at any time.
Customer Service
For assistance with e-bidding or uploading documents: Contact OpenGov via the blue chat bubble on the lower right hand corner of your screen or email at procurement-support@opengov.com.
Monday through Friday 5 am - 5 pm PST, except statutory holidays-- response time is typically less than ten minutes.
15.11. Surety2000 Instructions
If a bid bond is required, below are instructions for utilizing Surety2000 to submit an electronic bid bond.
Video Trainings:
How a Contractor Registers with Surety2000: https://drive.google.com/file/d/1SCj8obRykze8hIIrG84yYD5Wbod7ZQuR/view
How to Create a Bond: https://drive.google.com/file/d/1_ZphPelkFAhVhYhUdpKU1sC1xpNjVnf3/view
How to Sign the Bond: https://drive.google.com/file/d/1wT3UVU-hiecfocwAOwaAh9rP93mKQ-9P/view
Bid Bond Instruction:
Bidders must provide all required information for the City to verify the bond with their bid. The bond must meet the following requirements and characteristics: Bid security in the amount of five percent (5%) of the total bid price in the form of a redeemable or callable electronic surety bond, meeting City requirements, must accompany all bids. If the Bidder to whom the contract is awarded shall for fifteen (15) calendar days after such award fail or neglect to enter into the contract with the required insurance documentation, submit the Construction & Demolition Waste Management Plan, and file the required bonds, the City may deposit in its treasury said bid security and, under no circumstances, shall it be returned to the defaulting Bidder. Failure to return signed contract with all the attachments stated above may result in having the project awarded to the next lowest bidder.
Here is what bidders must provide to their bonding agent when trying to setup a bid bond for the City of Pasadena: The Project ID of the solicitation on which you are bidding. Your Contractor Vendor ID which is your Federal Tax ID or it’s equivalent. Both fields are required for validation. If you are having trouble finding these ID’s, please contact Surety2000 at 1-800-660-3263 or email help@surety2000.com
16. Submittals/Checklist
The following list is provided for the convenience of both you and the City and to help eliminate errors and omissions which may render your bid unacceptable. Please review this Bidder's Checklist section. Ensure that all forms required at the time of bid are included with your bid proposal in and through this portal.
Training Resources for Vendors:
Videos:
Instructions for the new eProcurement System: The following link https://help.procurement.opengov.com/en/articles/5815468-opengov-procurement-vendor-trainingwill include video instructions for using the new system.
Screen Shots:
Subscribing for an agency's notifications - Using the Network Tab
Following a project
How to respond to a bid, submit a bid, or No bid?
Get Notifications
Managing Addenda
OpenGov Procurement Support
1. Acknowledgements
1.1. Acknowledgement*
By submitting this bid the Bidder hereby certifies under penalty of perjury of the laws of the State of California that all representations made in the documents that comprise the proposal for Playhouse Park EV Chargers Phase II Construction Project due on Wednesday, October 14, 2026 are true and correct to the best of my knowledge at the time of the proposal’s submission.
By confirming, the bidder acknowledges the following:
We have reviewed and agreed to all of the documents contained in this solicitation and understands that the City will not be responsible for any errors or omissions on the part of the vendor in making up this bid or proposal.
The representations herein are made under penalty of perjury.
We hereby offer to sell the City of Pasadena the materials, products, and/or services at the prices shown and under the terms and conditions included hereon or attached or referenced.
Please confirm
*Response required
1.2. Confirmation, if You are the Recommended Company*
Subsequent to the closing of this solicitation, but prior to contract award, the recommended vendor will be required to provide the following documents within 10 calendar days of being notified, otherwise the submitted proposal may be deemed non-responsive.
Please confirm that you will provide the following per these instructions.
Request for Tax Payer Identification Number and Certification (IRS Form W-9)
Pasadena Business License
Any Required Licenses or Certifications
All Insurance Required by this Solicitation (If Required)
Please confirm
*Response required
1.3. Prices must be valid for 180 days*
Bidder agrees that their bid shall remain open and shall not be withdrawn for a period of not less than one hundred and eighty (180) calendar days from the date of opening bids, or until rejected by the City, whichever occurs first.
Please confirm
*Response required
2. Forms
2.1. AA1; AA2; AA3; Signature & Legal Status; and Declaration of Non-Collusion*
If your submittal does not include all of the below items, it may be deemed non-responsive.
Each Bidder must submit a completed Form AA-1. Failure to submit this form will result in automatic disqualification with no exceptions unless Bidder has an approved form on file with the City. (Copy attached)
Form AA-2 is required to be submitted for projects involving labor or services in excess of $25,000. (Copy attached)
Form AA-3 is Optional. (Copy attached)
A completed and signed "Declaration of Non-Collusion." (Copy attached)
Signature Page and Legal Status (Copy attached)
REQUIRED_FORMS_-_AAs_-_SIG-LEGAL-STATUS_-_DECLARATION_OF_NONCOLUSION_08022024_v2.pdf
*Response required
2.2. Subcontractor Listing/Shoring Design
Please download the below documents, complete, and upload.
Subcontractor_Listing.pdf
2.3. Relevant Experience Form *
Please download the below documents, complete, and upload.
RELEVANT_EXPERIENCE_FORM_(1).pdf
*Response required
2.4. Does your company have any Contracts with the U.S. Department of Homeland Security?*
Disclosures:
Respondents are invited to disclose any current contracts, subcontracts, or agreements with DHS, including any related data-sharing arrangements. If provided, respondents may include:
DHS agency or sub-agency (if applicable)
General description of services
Whether data-sharing with third parties is involved
If no such relationships exist, respondents may indicate “No.”
Questions related to the disclosure shall be asked and answered through the solicitation Question and Answer process. The completed disclosure form will be reviewed by and shared with the City Manager’s office. Please upload this form as part of the submittal checklist and email a copy to CMOContractsAssessement@cityofpasadena.net.
Yes
No
*Response required
When equals "Yes"
2.4.1. Disclosure of Contracts with the U.S. Department of Homeland Security (DHS)*
Disclosures:
Respondents are invited to disclose any current contracts, subcontracts, or agreements with DHS, including any related data-sharing arrangements. If provided, respondents may include:
DHS agency or sub-agency (if applicable)
General description of services
Whether data-sharing with third parties is involved
If no such relationships exist, respondents may indicate “No.”
Questions related to the disclosure shall be asked and answered through the solicitation Question and Answer process. The completed disclosure form will be reviewed by and shared with the City Manager’s office. Please upload this form as part of the submittal checklist and email a copy to CMOContractsAssessement@cityofpasadena.net.
DHS_Contract_Disclosure_Form.xlsx
*Response required
3. Qualifications
3.1. Bid Security Verification*
Please enter your Bid Bond information from Surety2000 below.
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.
Please enter your Bond IDand your Vendor ID from Surety2000for this Solicitation (Project ID: 2026-IFB-LM-0403).
Bid Bond Instruction:
Here is what you should provide your bonding agent when trying to setup a bid bond for the City of Pasadena: The Project ID of the solicitation on which you are bidding. Your Contractor Vendor ID which is your Federal Tax ID or it’s equivalent. Both fields are required for validation. If you are having trouble finding these ID’s, please contact Surety2000 at 1-800-660-3263 or email help@surety2000.com
Bond ID
Vendor ID
Don't have a bid bond yet? Login or register at Surety2000 to create one using the following information for this project:
Project ID: 2026-IFB-LM-0403
Bid Security: 5%
*Response required
3.2. Copy of Required License(s) or Certification(s)*
Please upload a copy of your: A - General Engineering Contractor; or C-10 - Electrical Contractor
*Response required
3.3. California State Licensing Board Number*
Please enter your license number with the CSLB for: A - General Engineering Contractor; or C-10 - Electrical Contractor
*Response required
3.4. California Department of Industrial Relations Registration*
Solely for the purpose of verification. Please enter your Public Works Contractor Registration Number. This will be verified against the state database for the Department of Industrial Relations Registration.
In 2014, the California legislature enacted several laws impacting public works contracting. Senate Bill 854 (SB 854) creates changes in the way DIR monitors prevailing wage requirements. All contractors and subcontractors must register with the DIR and meet DIR requirements before bidding on public works contracts in California. No contractor or subcontractor may be awarded a contract for public work or public works project unless registered with the DIR.
Public Work Contractors/Subcontractors can register with the DIR at
https://services.dir.ca.gov/gsp?id=dir_contractors&table=x_cdoi2_letf_core_contractor_lookup&filter=&spa=1&p=1&o=contractor_last_name&d=desc
*Response required
3.5. DIR Registrations*
Please upload a copy of all required DIR registrations for the prime and all subcontractors.
In 2014, the California legislature enacted several laws impacting public works contracting. Senate Bill 854 (SB 854) creates changes in the way DIR monitors prevailing wage requirements. All contractors and subcontractors must register with the DIR and meet DIR requirements before bidding on public works contracts in California. No contractor or subcontractor may be awarded a contract for public work or public works project unless registered with the DIR.
Public Work Contractors/Subcontractors can register with the DIR at www.dir.ca.gov/Public-Works/.
*Response required
4. Federal Requirements
4.1. CERTIFICATION REGARDING LOBBYING *
Please download the below documents, complete, and upload.
Disclosure_of_Lobbying_Activities.pdf
*Response required
4.2. Federal Required Certification*
Please download the below documents, complete, and upload.
Federal_Required_Certification_(4).pdf
*Response required
4.3. Unique Entity Identifier*
Please download the below documents, complete, and upload.
Unique_Entity_ID_(SAM).pdf
*Response required
City of PasadenaIssuing agency·Pasadena, CA·via the City of Pasadena OpenGov procurement portal