Furnish and Deliver Utility and Miscellaneous Street Repairs - WD-26-02

Work will be ordered by the Water and Power Engineer issuing paving lists which will specify the locations of paving work, the types of work to be performed, and the nominal dimensions or the limits of the work required.

Project Details

• Reference ID: 2026-IFB-LM-0320
• Department: Water & Power Department (Water)
• Department Head: David Reyes (Director)

Important Dates

• Questions Due: 2026-06-05T19:00:00.000Z
• Pre-Proposal Meeting: 2026-06-01T16:00:00.000Z — 150 S Los Robles Ave. Suite 200 Pasadena, CA

Evaluation Criteria

• 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.

• 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/

• 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.

• Data Ownership —

  The City retains all rights, title and interest in data and information input, uploaded, transmitted, or otherwise provided by or on behalf of the City into the vendor provided solution (“Organizational Data”). All Organizational Data shall remain the sole and exclusive property of the City. Vendor has no rights to use Organizational Data for any purpose other than to deliver the services contracted, unless otherwise authorized in writing by the City. Upon termination of any agreement between the City and vendor, the Organizational Data will be provided to the City, including uploaded documents and attachments, in an industry standard format such as csv, json or xml, or other agreed upon format at that time.

• Funded by the Housing and Urban Development —

  Notice to Prospective Proposers

  Part of the project is being funded by a U.S. Department of Housing and Urban Development Community Development Block Grant (CDBG).  Therefore, the Contract is subject to certain federal requirements, including, but not limited to:  Davis-Bacon Act prevailing wage regulations; The Build America, Buy America Act (BABA); and Section 3 requirements.  See links below for details. 

  The complete set federal labor regulations and provisions conditions are located here: https://www.cityofpasadena.net/finance/wp-content/uploads/sites/27/HUD-Federal-Regulations-over-200k.pdf?v=1674593673378

  The following forms must be summited with your response: https://www.cityofpasadena.net/finance/wp-content/uploads/sites/27/HUD-Federal-Forms-over-200k.pdf?v=1674593673378

• Insurance Requirements —

  https://www.cityofpasadena.net/finance/wp-content/uploads/sites/27/Construction-Contracts.pdf?v=1623280176766

• Summary —

  Work will be ordered by the Water and Power Engineer issuing paving lists which will specify the locations of paving work, the types of work to be performed, and the nominal dimensions or the limits of the work required.

• 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.

• 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 12:00 pm on Friday, June 12, 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.

• 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. 

• Federal Emergency Management Agency (FEMA) —

  The work described in this solicitation may be funded, in whole or in part, by the Federal Emergency Management Agency (FEMA).  
  All bidders are advised that this project is subject to the applicable terms, conditions, and requirements associated with FEMA-funded projects. These terms and conditions are included as an attachment to this solicitation and are hereby incorporated by reference.  By submitting a bid, the bidder agrees to comply with all such FEMA-related requirements.

• LOCATION OF WORK —

  The Work covered in this Specification will be at various locations throughout the Pasadena Water and Power service territory.

• HUD Section 3 Compliance —

  This project requires adherence to the Section 3 labor compliance.  Prospective bidder must include with their bid a Section 3 Economic Opportunity Plan on how to meet or exceed require Section 3 benchmarks.  Failure to do may result in the forfeit of 5% of the project total cost.

   

  Section 3 Benchmarks

  - 25% of total labor hours worked by Section 3 workers; and

  - 5% of total labor hours worked by Targeted Section 3 workers

   

  A Section 3 Worker is defined as any worker who currently fits, or when hired within the past five years (not before

  11/30/20) fit, at least one of the following categories, as documented:

  • A low or very low-income worker, or
  • Employed by a Section 3 business concern; or
  • A Youthbuild participant

   

  Section 3 Targeted Worker is defined as:

  •  Worker employed by a Section 3 business concern; or
  •  Currently fits or when hired fit at least one of the following categories as documented within the past five years:
    •  Living within the service area or the neighborhood of the project (5-mile radius of project site)
    •  Youthbuild participants

   

  Section 3 Business Concern is defined as a business that meets one of the following criteria within the last six months:

  •  At least 51% owned and controlled by low-income or very low-income persons; or
  •  Over 75% of labor hours performed for the business over the prior 3-month period are performed by Section 3 workers; or
  •  51% or more owned and controlled by current residents of public housing or Section 8-assisted housing
• 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.

• 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.

• SCOPE AND CHARACTERISTICS —

  These Specifications are for the furnishing and placing of all permanent asphalt concrete, rubberized asphalt concrete, and Portland cement concrete (PCC) paving in utility cuts and trenches and the installation of concrete curbs, gutters, sidewalks, driveways, gate cans, channelization, and miscellaneous appurtenant work for the Water and Power Department of the City of Pasadena.

  Work will be ordered by the Water and Power Engineer issuing paving lists which will specify the locations of paving work, the types of work to be performed, and the nominal dimensions or the limits of the Work required. Each paving list shall constitute a notice to proceed with the Work described on the list. Contractor shall proceed with the performance of the Work specified on each list within 48 hours of issuance of paving list. The Contractor shall perform the Work on the list continuously until the list is completed. Once work at a specific paving location is initiated, the Contractor shall complete restoration at that location prior to mobilizing to another location on the paving list, unless otherwise authorized in writing by the Water and Power Engineer or their authorized representative. The Work specified on each paving list shall be completed by Contractor within 30 days after the date of notice to proceed. If for any reason the Contractor needs to stop Work on the list, the Contractor must inform the Department in writing and receive approval from the City in writing prior to suspending such Work. Contractor shall report to the General Manager or his/her appointed representative in writing each week for all Work completed during the prior week. Work will be done under Excavation Permits obtained by the Water and Power Department. Per P.M.C. 4.08.130(F), the timeliness of the Contractor's performance will be evaluated to determine the approval of contract extension.

  Contractor shall perform work after the issuance of the paving list from the Water and Power Engineer only. Performing work on streets not on the approved paving list or work performed without prior written approval from the Water and Power Engineer shall not be paid. Any deviation or increase in the limit of work shall require approval from the Water and Power Engineer. Any deviation or increase in the limit of work not authorized by the Water and Power Engineer shall not be paid.

  The words "State Highway" herein refers to the Standard Specification of the State of California, Department of Transportation. The words "Standard Specifications" herein refer to the Standard Specifications of the Public Works Construction.

• 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.

• 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.

   

• Data Sovereignty —

  The vendor provided solution must keep all data and information within the United States, including when information is stored as part of a backup, unless otherwise authorized in writing by the City.

• Equal Employment Opportunity —

  Except as otherwise provided under 41 CFR Part 60, to the extent this Agreement meets the definition of a "federally assisted construction contract" as set forth in 41 CFR Part 60-1 3 Locality agrees at all times during the term of this Agreement to comply with and abide by the following: (i) the equal opportunity clause (" Equal Opportunity Clause") in 41 CFR 60-1.4(b) in accordance with Executive Order 11246, as amended by Executive Order 11375 and that the Equal Opportunity Clause is a part of this Agreement and incorporated herein by this reference; and (ii) the regulations implementing the Equal Opportunity Clause at 41 CFR Part 60 and that such implementing regulations are a part of this Agreement and incorporated herein by this reference.

• 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 12:00 pm on Friday, June 12, 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/267077

  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.

• Training Resources for Vendors: —

  Screen Shots:

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

  All Video Guides: OpenGov Procurement Vendor Training

  1. New Supplier Account
  2. Submit a Bid or Proposal
  3. Updating Your Company Designation on a Solicitation
     
  4. Vendor Selection of Category Codes
  5. How To Subscribe To Organizations And Find Active RFPs & Bids
  6. Login Process
  7. How to Edit or Withdraw your Proposal after it's been Submitted
  8. How to Submit a Question
  9. Viewing Bid Results 

  Video Trainings

   

• 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.

• 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.

• 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.

• Data Security —

  The vendor provided solution must protect and secure all data and information input to the system, including documents and attachments. Information must be protected by AES 128-bit or greater encryption. Information must be encrypted in transit between the solution and the user’s web browser. The solution must encrypt all data stored at rest, including on disk, within databases and when information is maintained external to the solution, such as part of a backup or a data export, unless otherwise authorized in writing by the City.

• STANDARD DRAWINGS —

  Included herewith and made a part of this Specification are the following City of Pasadena, Los Angeles County Public Works Department, California Department of Transportation (Caltrans) Standard Drawings and the Standard Plans for Public Works Construction (SPPWC), latest adopted editions, including all supplements and amendments in effect at time of bid:

  City of Pasadena Public Works Department Standard Drawings

  Standard Plan S-207 Concrete Base for Valve Cover

  Standard Plan S-402 Driveway – Curb Return Type

  Standard Plan S-403 (1, 2 and 3) Driveway - Dustpan Type

  Standard Plan S-406 Curb and Gutter

  Standard Plan S-407 (1 and 2) Trench Compaction Requirements

  Standard Plan S-414 (1 and 2) Intersection Curb Ramp

  Standard Plan S-416 (1 and 2) Restoration of Asphalt Street Excavations 

  Standard Plan S-417 Restoration of Concrete Street Excavations

  Standard Plan S-421 (1, 2 and 3) PCC Sidewalk

  Standard Plan S-422 (1, 2 and 3) PCC Pavement Jointing and Details

  Standard Plan S-702 Turn Bay Transition – Single Double Centerline

  Standard Plan S-704 Parking Tee Installation

  Standard Plan S-705 Slow School Xing Pavement Markings

  Standard Plan S-706 Pedestrian Crossing Pavement Markings

  Standard Plan S-709 (1 and 2) Crosswalk Installation

  Standard Plan S-710 (1, 2, and 3) Raised Pavement Marker Installation Detail

  Standard Plan S-711 Two-Way Left Turn Lane, Single Yellow Centerline, Solid White Lane Line

  Standard Plan S-712 Pavement Markings for Left and Right Turn Lanes

  Standard Plan S-713 Limit Line and Stop Pavement Markings

  Standard Plan S-714 Layout – 10’ Wide Turn Bay Transition

  Standard Plan S-976 (1 and 2) Vehicle and Bicycle Loop Detector Installation

  Los Angeles County Road (Public Works) Department Standard Drawings

  Standard Plan 1130-1 Typical Sidewalk Details

  Standard Plans for Public Works Construction (SPPWC)

  SPPWC Standard Plan 110-1 Driveways

  SPPWC Standard Plan 120-1 Curb and Gutter

  SPPWC Standard Plan 132-2 (1 and 2) Concrete Pavement Details

  SPPWC Standard Plan 134-1 Concrete Pavement Joint Details

  California Department of Transportation (CALTRANS) Standard Plans

  A20A Pavement Markers and Traffic Lines

  A20B Pavement Markers and Traffic Lines

  A20D Pavement Markers and Traffic Lines

  A24A Pavement Markings – Arrows

  A24C Pavement Markings – Symbols and Numerals

  A24D Pavement Markings – Words

  A24E Pavement Markings – Words

  ES-5A Electrical Systems (Detectors)

  ES-5B Electrical Systems (Detectors)

  ES-5D Electrical Systems (Detectors)

  City of Pasadena "Supplements and Modifications" 

• Compliance with the Davis-Bacon Act —

  a. All transactions regarding this contract shall be done in compliance with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) and the requirements of 29C.F.R. pt. 5 as may be applicable. The contractor shall comply with 40 U.S.C. 3141-3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable. b. Contractors are required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. c. Additionally, contractors are required to pay wages not less than once a week.

• 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.
• 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."

• Acceptance of Conditions —

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

  1. 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;
  2. The City may require whatever evidence is deemed necessary relative to the bidders/proposers financial stability and ability to complete this project;
  3. The City reserves the right to request further information from the bidders/proposers, either in writing or orally, to establish any stated qualifications;
  4. 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;
  5. 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;
  6. 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.
• 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.

• CONSTRUCTION SCHEDULE —

  The Contractor shall submit a work schedule to the General Manager or his/her authorized representatives every Wednesday by 3:00 p.m. identifying all planned work locations and activities for the following week. If the Contractor fails to submit the weekly schedule, the General Manager or his/her authorized representatives may suspend work until the schedule is received.

• 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.

• Active SAM Registration —

  All federal financial assistance recipients must have a Unique Entity ID (UEI) number registered with the System for Award Management (SAM) database at SAM.gov. Prior to award, the successful Bidder must provide proof of SAM registration. This proof may be submitted with the Bid. Vendors seeking to register can register for free at the following link: https://sam.gov/content/entity-registration. The SAM registration process may take several business days to complete. Therefore, the city recommends that the Bidder begin the registration process if bidder has not done so already.

• Internet Access —
  1. 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.
  2. It is the Respondent's responsibility to review your status in our eProcurement system and update your contact information and notification preferences accordingly.
  3. The City does not recommend waiting until the last two days to start preparing or submitting your response.
• Copeland "Anti-Kickback" Act —

  a. Standard. Recipient and subrecipient contracts must include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). b. Applicability. This requirement applies to all contracts for construction or repair work above $2,000 in situations where the Davis-Bacon Act also applies. It DOES NOT apply to the FEMA Public Assistance Program. c. Requirements. If applicable, the non-federal entity must include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations at 29 C.F.R. Part 3 (Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States). Each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to FEMA. Additionally, in accordance with the regulation, each contractor and subcontractor must furnish each week a statement with respect to the wages paid each of its employees engaged in work covered by the Copeland Anti-Kickback Act and the Davis Bacon Act during the preceding weekly payroll period. The report shall be delivered by the contractor or subcontractor, within seven days after the regular payment date of the payroll period, to a representative of a Federal or State agency in charge at the site of the building or work.

• 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.
• 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:

  1. Handle, store, and dispose of materials properly.
  2. Avoid excavation and grading activities during wet weather.
  3. Construct diversion dikes and drainage swales around working sites.
  4. Cover stockpiles and excavated soil with secured tarps or plastic sheeting.
  5. Develop and implement erosion control plans (if applicable).
  6. Check and repair leaking equipment away from construction sites.
  7. Designate a location away from storm drains for refueling.
  8. Cover and seal catch basins if work in their vicinity may allow debris or deleterious liquids to enter.
  9. Use vacuum with all concrete sawing operations.
  10. Never wash excess material from aggregate, concrete, or equipment onto a street.
  11. Catch drips from paving equipment with drip pans or absorbent material.
  12. Clean up all spills using dry methods.
• 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)].

• Market Basket of Goods —

  Bidder must bid on all materials and supplies listed in the Bidder’s Proposal (Market Basket). The City anticipates the order amount of the items listed in the Bidder’s Proposal.  However, the City of Pasadena does not imply nor make any commitment to purchase a specific quantity. The City may increase or decrease the quantities based on the current requirements, and the contractor agrees to furnish more or less of the items stated in the Bidder’s Proposal.   Additional varieties of the materials and supplies may be ordered as a result of this bid.   Award of contract shall be based upon the grand total price contained in the Bidder’s Proposal.

  The Market Basket in this solicitation is established to represent TBD of the total estimated value of the contract to be awarded. Prices for the remaining materials and supplies for this solicitation are represented by dollar value in the Grand Total, they will be a part of the market basket analysis when determining the low bidder.

  MOST FAVORED CUSTOMER: Contractor agrees to treat the City as its most favored customer.  Contractor represents that all of the prices, warranties, benefits and other terms being provided hereunder are equivalent to or better than the terms being offered by Contractor to its current customers.  The City shall be entitled to any and all other services normally offered by the Contractor (and/or manufacturer through the Contractor) to its customers. 

  CATALOG PRICING: While the materials and supplies listed in this solicitation represent a majority of the materials and supplies needed, there is a small percentage of items that are unknown at this time.  Therefore, bidders are required to, in addition to providing pricing for all materials and supplies, submit a catalog with all available supplies or materials for future purchasing consideration as a part of this overall contract with their bid.  Catalog information must include per unit pricing.

• Compelled Data Disclosure —

  In the event vendor receives a subpoena, court order, or other legal process requesting access to or disclosure of any Organizational Data, the vendor shall promptly notify the City in writing, unless legally prohibited from doing so, and shall cooperate with City in seeking a protective order or other appropriate remedy. Any disclosure of Organizational Data in response to legal process must be authorized in writing by the City, unless prohibited by law.

• Compliance with the Copeland “Anti-Kickback” Act. —

  a. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. b. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. c. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.”

• Data Storage —

  The vendor shall not permit the storage of City data and information on vendor mobile or removable devices (e.g. laptops, USB drives, removable drives, optical disks, etc.) except for limited purpose and duration, and only if authorized in writing by the City. Any such use also requires that vendor meets the data security requirements as noted above, ensuring that all storage on mobile or removable devices is appropriately encrypted and protected.

• Electronic Submission and Delivery Instructions —

  Parties interested in responding are required to submit electronically through the City of Pasadena's eProcurement Portal prior to 12:00 pm, Friday, June 12, 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.

• UNDERGROUND UTILITY MARKING SERVICE —

  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 (2) working days in advance of beginning any excavation 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 the Contractor's expense. If the Contractor fails to properly and completely remove all unnecessary markings, the City will effect their removal and bill the Contractor for all direct and indirect removal costs.

• 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.

• Split Award —

  Bids will be evaluated based on the lowest Grand Total Price submitted in the Bidders' Proposal for each Group. Each Group will be evaluated and awarded independently based on the lowest Grand total Price for each Group. Bidders may bid on any combination of the Groups below. Bidders are required to bid on all line items listed within the specific Group they select. Failure to bid on all line items for a selected Group or Groups may result in rejection of the bid(s).

  • GROUP ONE:
  • GROUP TWO:
• Build America, Buy America (BABA) —

  Build America, Buy America Act or BABA requires any “infrastructure project” exceeding a total project cost of $250,000 in Community Development Block Grant or HOME Investment Partnership Act apply a domestic content procurement preference, meaning that all iron, steel, manufactured products, and construction materials used in the infrastructure project must be produced in the United States, unless the awarding agency has issued a waiver of this requirement. Public infrastructure projects in the United States, which includes, at a minimum: the structures, facilities, and equipment for roads, highways, and bridges; public transportation; dams, ports, harbors, and other 6 maritime facilities; intercity passenger and freight railroads; freight and intermodal facilities; airports; water systems, including drinking water and wastewater systems; electrical transmission facilities and systems; utilities; broadband infrastructure; and buildings and real property; and structures, facilities, and equipment that generate, transport, and distribute energy including electric vehicle (EV) charging.

• 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.

• Required Licenses (Eligibility Requirement) —

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

  CLASS A (Contractor’s license) license from the State of California, and C10.

• 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;
• Data Deletion —

  Upon termination of this agreement, or upon written request by the City, the vendor shall permanently delete all City data and information from its systems, including backups and any other repositories under vendor's control, within thirty (30) days, unless retention is required by law or authorized in writing by the City. Deletion must include all documents, attachments, and any derivative data, and shall be performed in accordance with recognized industry standards for secure data erasure. Upon completion of data deletion, the vendor shall provide the City with written certification confirming the destruction of all relevant data.

• 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.

• EXCUSABLE DELAYS AND EXTENSION OF TIME —

  Neither party shall be liable to the other for any delay or failure to perform under the Contract to the extent such delay or failure is due to any unforeseeable cause beyond the affected party's reasonable control, including but not limited to an act of God; fire; natural disaster; strike, lockout or other labor difficulty; war, embargo, riots or act of the public enemy; unusual delay in transportation or failure of labor or material supply.

  In the event the Contractor is delayed in performing the Work by any of the above causes, the Contractor shall be entitled to an extension of time to perform for a period reasonably necessary to overcome the delay. Such extension shall be granted only by a written change order. However, as a condition to receiving an extension of time, the Contractor must notify the General Manager or his/her authorized representatives in writing within five (5) calendar days after the delay begins. This notice must include a reasonably detailed statement of the causes for the delay and the estimated duration and impact on the schedule. An extension of time shall be the Contractor's sole remedy for any such delay; the Contractor shall not be entitled to damages or additional payment.

  If the Contractor believes it has not been granted an adequate extension of time to perform, the Contractor must file a written request with the Department for any additional time needed to avoid delay in completion of the Work. Such request must be filed within five (5) calendar days after the date of the change order and at least fifteen (15) calendar days before the specified completion date.

  The Contractor may request an extension of time and additional payment for delay caused solely by the City. Each such request must be in writing and filed with the Department within five (5) calendar days after the beginning of the City-caused delay and, when possible, at least fifteen (15) calendar days before the specified completion date. The request shall include documentation substantiating the claimed delay and associated costs.

  If the Contractor delays its performance of any portion of the Work for reasons other than those specified above, the General Manager or his/her authorized representatives shall have the right to extend the time for completing the Contract and to charge the Contractor, its successors, assigns or sureties the costs of engineering, inspection, superintendence, overhead and other expenses incurred by the City in connection with such extension. Without limiting any other remedy it may have, the City may deduct such expenses from any amounts owed to the Contractor under the Contract.

• Withdrawal of Proposal —

  Any Bidder or Proposer may withdraw their response via the City's eProcurement Portal prior to 12:00 pm on Friday, June 12, 2026.

• 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

• 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.

• Contract Work Hours and Safety Standards Act —

  To the extent this Agreement is in excess of $100,000 and involves the employment of mechanics or laborers, Locality agrees at all times during the term of this Agreement to comply with and abide by the terms of the Contract Work Hours and Safety Standards Act, codified at 40 U.S.C. 3701 et seq., as supplemented by regulations at 29 CFR Part 5, and that such terms and regulations are a part of this Agreement and incorporated herein by this reference.

• Deadline for Questions —

  The deadline to submit questions related to this solicitation is Friday, June 5, 2026, prior to 12:00 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.

• HOLIDAY SEASON / ROSE PARADE —

  Attention is directed to Chapter 12.24 of the Pasadena Municipal Code entitled "Excavations," and Board Policy Statement as set forth in Motion 25405 dated September 5, 1967, both incorporated by reference. In general, all streets shall be free and clear of excavations and other construction during the period of Thanksgiving week Monday through one week after New Year's Day for business and commercial districts, and mid-December through one week after New Year's Day for all other areas. Accordingly, the Contractor will be required to shut down construction operations which would impede traffic movement during this period within the boundaries of the City, unless otherwise directed by the General Manager or their authorized representative. Any existing excavations shall be backfilled, compacted, and temporarily repaved before the shutdown date to the satisfaction of the General Manager or their authorized representative. No staging of equipment, vehicles, or other construction work shall occur in the public right-of-way during the moratorium period. Bidders shall reflect any costs of such shutdown in the various items of the Bid Proposal, and no additional payment will be allowed therefor. The Holiday Moratorium Map, showing the applicable shutdown period for all locations in the City, is available on the City of Pasadena's website and at the public counter of the City's Public Works and Transportation Departments.

• Compliance with the Contract Work Hours and Safety Standards Act. —

  The regulation at 29 C.F.R. § 5.5(b) provides contract clause language concerning compliance with the Contract Work Hours and Safety Standards Act. (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 (write in the name of the Federal agency or the loan or grant recipient) 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.

• 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.

• 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 "Furnish and Deliver Utility and Miscellaneous Street Repairs - WD-26-02." Project ID: 2026-IFB-LM-0320. 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.

• Artificial Intelligence (AI) Usage Disclosure —

  The vendor shall fully disclose any use of Artificial Intelligence (AI), Machine Learning (ML), or automated decision-making technologies within the proposed solution. This includes, but is not limited to, the specific functions where AI is used, the nature of the AI model (e.g., predictive, generative, or rule-based), and whether the AI is proprietary, third-party, or open-source. The vendor shall also disclose whether any AI models are shared across multiple customers or tenants. The City reserves the right to approve or reject the use of AI components based on risk, transparency, and alignment with City policies.

• PRICE ADJUSTMENTS —

  At the conclusion of the first contract year and prior to the commencement of the second contract year or any subsequent contract extension period, the contractor may request unit price increases. Under no circumstances shall the City accept price increases, which exceed the rate of the then current Consumer Price Index (C.P.I.) "All items in Los Angeles-Long Beach-Anaheim, CA, all urban consumers, not seasonally adjusted" for the latest available preceding 12 month period.  The percentage increase shall be a 12 month percentage increase for the first month of the subsequent contract year(s). 

• Release Date —

  Release Dated: Friday, May 22, 2026

  MIGUEL MÁRQUEZ
  City Manager

• 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.

• 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.

• 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.

• NOTICE TO SURETIES —

  The Contractor shall notify its sureties and the carriers of the insurance furnished and maintained by the Contractor of any changes affecting the general scope of the Work or any change in the Contract Price, and the amount of the applicable Bonds and the coverage of the insurance shall be adjusted accordingly. The Contractor shall furnish proof of such adjustments to the General Manager or his/her authorized representatives within ten (10) calendar days of such adjustment.

• 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/

• Prohibition on Use of City Data for AI Training —

  The vendor shall not use any City data or information to train, fine-tune, or otherwise improve any AI or ML models, whether proprietary, third-party, or public, without the City’s express written consent. This includes a prohibition on using City data for training public or shared models. If AI models are used, the vendor must ensure City data is excluded from any datasets used for model development or refinement unless explicitly authorized in writing by the City.

• Clean Air Act —

  1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. 2. The contractor agrees to report each violation to the (name of applicant entering into the contract) and understands and agrees that the (name of the applicant entering into the contract) will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.

• Deadline for Questions —

  The deadline to submit questions related to this solicitation is Friday, June 5, 2026, prior to 12:00 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.

• 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/267077.

• 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/267077

  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 12:00 pm on Friday, June 12, 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.
  1. Open File Explorer, and find the zipped folder.
  2. To unzip the entire folder, right-click to select Extract All, and then follow the instructions.
  3. 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.
   
• 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.

• 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.

• AI Feature Transparency and Choice —

  The vendor shall disclose whether the proposed solution includes Artificial Intelligence (AI), Machine Learning (ML), or automated decision-making technologies that are integral to its functionality. Where feasible, the vendor should provide mechanisms that allow the City to configure or limit the use of such features. The City recognizes that opting out of AI features may reduce functionality; however, vendors are expected to design solutions that support informed decision-making by clearly identifying which features rely on AI and whether such features are optional or required.

• SAFETY AND PROTECTION —

  The Contractor shall provide 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 onto the Work. The Contractor shall comply with all orders and requirements of Cal/OSHA and the Safety and Health Division of the State of California Department of Industrial Relations. The Contractor shall immediately install or provide any safeguarding or safety measures required by Cal/OSHA or the General Manager or his/her authorized representatives.

  The Contractor shall be solely responsible for site safety and for compliance with all applicable federal, state, and local safety regulations.

  The Contractor shall employ workers who are qualified, experienced, and well trained to work safely around or near energized electrical equipment.

  In the event of a serious injury, fatality, or accident resulting in significant property damage, the Contractor shall immediately notify the General Manager or his/her authorized representatives by phone, followed by a written incident report submitted within 24 hours. The written report shall describe the nature of the incident, persons involved, circumstances leading to the incident, and corrective actions taken or planned. Work in the affected area shall be suspended until authorized to resume by the General Manager or his/her authorized representatives.

  The Contractor shall comply with all requirements of Cal/OSHA Title 8, Section 3395 — Heat Illness Prevention. The Contractor shall maintain a written Heat Illness Prevention Plan on site at all times during construction. The plan shall address provision of shade, access to water, acclimatization procedures, and emergency response procedures for heat-related illness. The Heat Illness Prevention Plan shall be made available to the General Manager or his/her authorized representatives upon request.

  Payment for safety and protection shall be included in the unit price for the applicable bid items on the Bidder's Proposal and shall include full compensation for all labor, equipment, materials, and incidentals necessary to safely complete the Work.

  1 Lights, Guards, and Barricades The Contractor shall provide and maintain temporary walks, fences, and other required facilities so as not to obstruct or interfere with traffic, public streets, or private rights-of-way; shall maintain access to fire hydrants; shall provide walks over and around any obstructions in public places; and shall maintain from the beginning of twilight through the whole of every night, on or near any obstruction, adequate lights and guards to protect travelers from injury. When work is suspended, all roadways and sidewalks shall be kept in proper condition and left in such condition at the termination of the Work.

  Barricades shall be erected for the protection of the public. Such barricades shall be built according to Section 6F.68 of the California MUTCD and Section 7 of the WATCH handbook, and shall bear the name of the Contractor and its telephone number in legible letters. Barricade types shall be selected in accordance with Section 6F.68 of the California MUTCD and Section 7 of the WATCH handbook based on the location and nature of the hazard. At a minimum, open excavations within pedestrian areas shall be protected by Type II barricades and open excavations within travel lanes shall be protected by Type III barricades.

  Cones are channelizing devices only and shall not be considered adequate protection for any open excavation. At the end of each work day, all open excavations shall be covered, backfilled, or fully barricaded with interlocking barriers to prevent public access. If the Contractor fails to provide adequate protection, the General Manager or his/her authorized representatives may order the Contractor to cease all other work activities and remedy the deficiency immediately. If the Contractor fails to act within one (1) hour of notification, the City may install the required barriers and deduct all associated costs from the next progress payment.

  2 Protection of Property and Materials The Contractor shall protect and safely store all materials and property and shall be responsible for the same until incorporated into the Work and accepted by the City.

  3 Sub-Surface Utilities Protection The Contractor shall protect and maintain in uninterrupted service any existing sub-surface utilities and shall immediately repair any damages to such utilities at the Contractor's own expense. Existing utilities of record in the area affected by this contract are shown on 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 at the Contractor's expense unless otherwise directed by the General Manager or their authorized representative. Protection of main line and connection sewers in the construction area shall be accomplished in accordance with American Public Works Association Standard Drawing 225-1 and Standard Plan Drawing S-299.

  4 Damage to Other Work The Contractor shall be held responsible for all damage to work installed by the Contractor, anyone employed by the Contractor, or any of the Contractor's subcontractors.

  5 Personal Protective Equipment All personnel on the job site shall be required to wear personal protective equipment per OSHA standards at all times. At a minimum, required PPE shall include hard hats, high-visibility vests, steel-toed boots, work gloves, and eye protection. High-visibility vests shall be worn by all personnel within or adjacent to active traffic lanes at all times. Additional PPE may be required based on specific work activities and shall be determined in accordance with applicable Cal/OSHA regulations.

  6 Dust Control The Contractor shall furnish all labor, equipment, and other means required and shall carry out effective measures wherever and as often as necessary to prevent operations from producing dust in amounts damaging to property or causing a nuisance, as determined by Rule 403 of the South Coast Air Quality Management District (AQMD), the Occupational Safety and Health Administration (OSHA) Dust Control Handbook, and the General Manager or his/her authorized representatives. The Contractor shall be responsible for any damage resulting from dust originating from its operations. Dust abatement measures shall be continued until the Contractor is relieved of responsibility by the General Manager or his/her authorized representatives. Effective April 28, 2023, the use of gas-powered leaf blowers has been prohibited within the City of Pasadena.

  7 Covering Vehicles California Vehicle Code Section 23114 and Southern California AQMD Rule 403 stipulate regulations for covering vehicles transporting aggregate materials with tarps. If the Contractor is found in violation of these regulations, the City may stop construction until the Contractor is able to comply.

• Federal Water Pollution Control Act —

  1. The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 etseq. 2. The contractor agrees to report each violation to the (name of the applicant entering into the contract) and understands and agrees that the (name of the applicant entering into the contract) will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.

• Debarment and Suspension Certification —

  (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, the contractor is required to verify that none of the contractor’s principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by (insert name of recipient/subrecipient/applicant). If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to (insert name of recipient/subrecipient/applicant), the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

• CONTRACTOR’S GUARANTEE —

  The Contractor shall warrant and guarantee the entire Work and all parts thereof, including that performed and constructed by subcontractors and others employed directly or indirectly on and for the Work, against faulty or defective materials, equipment, or workmanship for a period of two (2) years from the date of Notice of Completion of the Work, or such longer period of time as may be prescribed by law or by the terms of any special guarantee or warranty required by the Contract Documents. The Contractor hereby guarantees that all Work required hereunder will be performed in a good and workmanlike manner, and in strict compliance with and in conformity to the Specifications, appendices, and all other Contract Documents. Upon written notice from the City during the warranty period, the Contractor shall commence corrective work within five (5) calendar days of such notice and complete the corrective work within thirty (30) calendar days, or within a time frame approved by the General Manager or his/her authorized representatives, at no cost to the City.

• Technical Questionnaire Form —

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

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

  • Section 4.0 must be completed for externally hosted/SAAS applications; and
  • Section 5.0 must be completed for City hosted/on-premises software
• 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.

• 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.

• 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.

• 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.
• 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.

• Data Security for Printers/Copiers/Scanners —

  This section is only required for the lease/purchase of Printers/Copiers/Scanners.

  All devices or associated storage media which is replaced or removed must be sanitized in accordance with the "clear", "purge" or "destroy" categories of sanitization as defined in the NIST SP 800-88 publication "Guidelines for Media Sanitization". Sanitization of media must be certified by the Contractor and signed documentation detailing the device(s), media and category of sanitization must be provided to the Department of Information Technology (DoIT). Documentation of bulk or blanket sanitization is not acceptable. 

  All equipment must be configured such that the hard drive or associated storage media is encrypted or such encryption can be enabled by DoIT at will. All equipment must be configured to permit hard drive or associated storage media to be removed by a DoIT technician if necessary.

  Temporary removal of equipment, such as for maintenance or repair, is subject to data sanitization requirements as stated above.

  All device hard drives or associated storage media shall be left in DoIT’s possession at the end of the any lease, rental, or other time-limited usage agreement, if specified by the City.

  All administrative accounts on equipment must be configured with non-default password, complex passwords, and the account names and passwords provided to DoIT.

  Contractor must provide configuration printouts in hard copy form of all settings for any TCP/IP functions, including but not limited to network configurations, static routes, SMTP, SNMP, scan-to-file, etc., and storage media encryption configurations. Printouts must be delivered to DoIT when equipment configuration is complete and “ready for operation”.

• 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.

• GENERAL RESPONSIBILITY OF CONTRACTOR —

  The Contractor shall be responsible for the satisfactory and complete execution of the work in accordance with the Contract Documents. The Contractor shall provide, at no additional cost to the City, all services, materials, and equipment required to complete the work, even though not particularly specified or indicated. The work of the Contractor shall not vary from the plans or Specifications in form or quality, nor in the amount or value of the materials used, without the prior written consent of the City.

  In addition to any specific requirements of these Specifications, the Contractor shall conform to all federal, state, county, and local laws, ordinances, and regulations applicable to the work.

• Byrd Anti-Lobbying Amendment —

  Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended) Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency.

• 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.

• 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.

• 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

• SITE- RELATED RESPONSIBILITIES OF THE CONTRACTOR —

  1. Supervision by General Manager or His/Her Authorized Representatives

  The work shall be done under the general supervision of the General Manager or his/her authorized representatives. The Contractor shall immediately comply with any orders and instructions of the General Manager or his/her authorized representatives given in accordance with these Specifications. However, nothing in this paragraph or elsewhere in the Specifications shall relieve the Contractor of any of its obligations or liabilities under the Contract, or otherwise alter the Contractor's status as an independent contractor.

  No portion of the work shall be covered up until the General Manager or his/her authorized representatives has been notified in writing that it is ready for inspection and has approved completing the work. Should any portion of the work be covered up without such approval, it shall, if required by the General Manager, be uncovered and inspected at the Contractor's expense.

  In case of emergency, as determined by the General Manager or his/her authorized representatives, the Contractor shall provide on-site response within one (1) hour of notification to repair any damaged portion of the work at the Contractor's expense. If the Contractor fails to do so after being notified, the City may perform the necessary work and deduct all associated costs, including administrative overhead, from the amounts due to the Contractor.

  If the Contractor is found to be in violation of any safety regulations or requirements as described in these Specifications or any City, State, or Federal safety regulations or laws, the City may stop construction until such time as the Contractor is able to comply. No extension of time or additional compensation shall be granted as a result of such suspension. Neither the General Manager nor any of his/her representatives, assistants, or agents have the power to waive any of the obligations of these Specifications. Failure or omission on the part of the General Manager or his/her representatives, assistants, or agents to condemn defective or inferior work, equipment, or materials shall not imply acceptance of such work, equipment, or materials, nor shall it relieve the Contractor of the obligation to remove and properly replace the same at no additional cost to the City. Neither such failure, omission, nor acceptance shall bar the City at any subsequent time from recovering from the Contractor or its sureties such amount as may be needed to remove and/or rebuild any portion of the work in which improper work was performed or defective equipment was used.

  Night, Saturday, Sunday, and Holiday Work

  No work shall be performed at night, Saturday, Sunday, or the eleven (11) legal holidays: New Year's Day, Martin Luther King, Jr. Day, Lincoln's Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, Day after Thanksgiving, and Christmas Day, except work pertaining to public safety or with the permission of the General Manager or his/her authorized representatives, and in accordance with such regulations as he/she shall furnish in writing. Before performing any work at said times, except work pertaining to public safety, the Contractor shall give written notice to the General Manager or his/her authorized representatives so that proper inspection may be provided. "Night" as used in this paragraph shall be deemed to include the hours from 7:00 P.M. to 7:00 A.M. of the next succeeding day.

  Legal holidays are subject to change. The Contractor shall confirm with the General Manager or his/her authorized representatives for an updated City of Pasadena Holiday Schedule.

  The City of Pasadena operates on a 9/80 schedule. No work shall be performed on City-designated closure Fridays without prior written authorization. The Contractor shall coordinate its schedule accordingly and shall not be entitled to additional compensation due to City closure days. A work schedule shall be provided to the Contractor at the start of the project.

  A City inspector will be present at the job site during all work activities.

  2. Deliveries

  The City will not accept, sign for, or be responsible for any equipment or materials delivered to the job site for the account of the Contractor. The Contractor shall be responsible for the proper delivery and storage of all equipment and materials furnished by it so as not to delay the progress of the work.

  3. Defective Materials

  Any materials not conforming to the requirements of these Specifications will be considered defective. All such materials, whether in place or not, shall be immediately removed from the site of the work, unless otherwise permitted by the General Manager or his/her authorized representatives. No rejected materials, the defects of which have been subsequently corrected, shall be used until the General Manager or his/her authorized representatives has given his/her approval. If the Contractor fails to comply immediately with any order of the General Manager or his/her authorized representatives made under the provisions of this paragraph, the General Manager or his/her authorized representatives shall have the right to remove and replace defective material and to deduct the cost of removal and replacement from any amounts due or to become due the Contractor.

  4. Site Superintendent

  The Contractor shall maintain a superintendent on the site during all working hours on all working days. This superintendent shall be authorized to act on behalf of the Contractor in all matters pertaining to the work and shall be physically present at the job site whenever work is in progress. The name of the superintendent shall be on file with the General Manager or his/her authorized representatives, and the superintendent shall not be changed until the General Manager or his/her authorized representatives has been notified and has approved the change. Any superintendent not deemed capable by the General Manager or his/her authorized representatives shall be replaced immediately upon request.

  5. Methods and Equipment

  The Contractor shall use methods and equipment to produce quality work and to complete the Contract within the specified time. No later than two (2) business days prior to commencing work, the Contractor shall submit a plan of operation to the General Manager or his/her authorized representatives for approval. This plan shall identify the type and size of equipment and the methods of work the Contractor proposes to use.

  If at any time the General Manager or his/her authorized representatives finds the methods and equipment of the Contractor to be inadequate, the General Manager or his/her authorized representatives may recommend that the Contractor improve or change them. However, such recommendations shall not relieve the Contractor of its obligations to comply with the Specifications and to complete the work within the time stated in the Contract. The Contractor shall be solely responsible for all methods, means, techniques, sequences, and procedures, and for coordinating all portions of the work.

  6. Cooperation, Access and Site Preparation

  The Contractor shall cooperate at all times in the performance of the work so as to cause the least interference with the work of other contractors or the City. Where appropriate, the Contractor shall coordinate and connect its work with the work of other contractors and the City.

  Upon request, the Contractor shall provide full and efficient assistance to the General Manager or his/her authorized representatives in obtaining measurements or information on the work. The Contractor shall provide unrestricted and safe access to the construction site for City personnel at all times and for any purpose.

  7. 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. The Contractor shall be responsible for the proper storage and handling of all materials, including those furnished by the City, and for the care of all work until such final completion and acceptance. The Contractor shall, at its own expense, immediately replace any material damaged or lost during the Contract 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 (5%) 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 performed in accordance with the Specifications.

  The 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 the written consent of the General Manager or his/her authorized representatives.

  8. Storage

  If the City determines that the Contractor's place, manner, or form of delivery or storage of any materials, equipment, temporary structures, or other facilities at the site is obstructing the progress of the work or is likely to cause delay in the completion of any portion of the work, the City shall notify the Contractor in writing to make the necessary changes. The notice shall specify the time within which such changes shall be made. Upon receipt of such notice, the Contractor shall, at its own expense, proceed to make the required changes immediately.

  9. 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, including 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 prior to such injury, damage, or destruction. In cases where City staff must correct damage deemed the responsibility of the Contractor, the cost of such work shall be deducted from the next scheduled progress payment.

  The Contractor shall protect and maintain in uninterrupted service any existing subsurface utilities and shall immediately repair any damages to such utilities at its 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 its usage and coordinate with the appropriate utility for its removal or protection.

  The Contractor shall be held responsible for all damage to work installed by the Contractor or others that is caused by the Contractor's operations.

  Underground utility marking requirements are addressed in the UNDERGROUND UTILITY MARKING SERVICE section of these Specifications.

  10. Character of Workers

  When required by the City, the Contractor shall discharge from the work, and shall not again employ on the work without the consent of the General Manager or his/her authorized representatives, any employee who, in the opinion of the City, is incompetent, disorderly, abusive, dangerous, or insubordinate, or who comes onto the work while intoxicated, or who fails to comply with safety regulations, or who in any way attempts to interfere with City employees in the inspection and supervision of the work. If said individual has an ownership interest in the contracting entity, the City will serve written notice upon the Contractor and the Surety providing the faithful performance bond, in accordance with Section 6-4 "Default by Contractor" of the Standard Specifications, demanding complete and satisfactory compliance with the Contract. The Contractor shall be responsible for any trespassing by its employees upon property adjacent to the site, and shall make whole at its own expense all damage to persons or property caused by carelessness, negligence, or any act on the part of its employees or agents.

  11. Sanitation

  The Contractor shall provide all appropriate sanitary conveniences and shall remove them upon completion of each work day.

  12. Cleanup

  The Contractor shall at all times keep the site free from accumulation of waste materials, rubbish, and debris. The job site shall also be kept free from dust and mud resulting from all construction work, including concrete cutting and excavation; at a minimum, a power street sweeper shall be used daily during working hours. Upon completion of the work, the Contractor shall remove from the site all tools, equipment, temporary structures, unused materials, concrete forms, scaffolding, rubbish, temporary markings, and other materials belonging to the Contractor or used under its direction during construction, and shall leave the site broom clean unless the City specifies otherwise. In the event the Contractor fails to clean up as required by these Specifications, the City may perform such cleanup at the Contractor's expense, and the Contractor and its sureties shall be liable for such expense.

  13. Utilities

  The Contractor shall provide and pay for all water and electric power required for construction. The Contractor is responsible for applying for and obtaining a portable water meter from the City of Pasadena Meter Read Services prior to initiating the work. The following charges will apply:

  • $150 nonrefundable deposit
  • $981 refundable deposit upon return of meter to Meter Read Services
  • Monthly charge of $581.92 plus tax of $44.63
  • Charge for all water used during the metering period

  No work shall commence until the required meter is obtained.

  14. Daily Reports

  The Contractor shall submit a daily report to the City's inspector by the end of each work day. The report shall document, at minimum, the crew size on site, equipment utilized, work performed, and any issues or incidents encountered. Daily reports shall be submitted via email unless otherwise directed by the General Manager or his/her authorized representatives.

  15. Progress Photography

  Prior to commencing any work, the Contractor shall submit photographs documenting existing conditions throughout the work area. During construction, the Contractor shall submit weekly progress photographs documenting the status of all active work areas. All photographs shall be date-stamped, labeled by location, and submitted to the City's inspector with each weekly submittal.

  16. Emergency Contact

  The Contractor shall provide the General Manager or his/her authorized representatives with a 24-hour emergency contact name and phone number prior to commencing work. This contact shall be available at all times during the duration of the Contract and shall be capable of mobilizing the Contractor's forces to respond to emergencies including but not limited to sinkholes, cave-ins, or hazardous conditions within the work area. The emergency contact information shall be updated immediately upon any change.

• 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.

• 2 CFR § 200.323: PROCUREMENT OF RECOVERED MATERIALS —

  In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired— 1. Competitively within a timeframe providing for compliance with the contract performance schedule; 2. Meeting contract performance requirements; or 3. At a reasonable price. ii. Information about this requirement, along with the list of EPA designated items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensiveprocurement-guideline-cpg-program. iii. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.”

• Taxes —

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

• TRAFFIC REQUIREMENTS AND EQUIPMENT STORAGE —

  All traffic control must comply with the current edition of the Work Area Traffic Control Handbook (WATCH) and the California Manual on Uniform Traffic Control Devices (California MUTCD). The Contractor shall conform to all provisions established by the Pasadena Transportation Department with regard to traffic control. The Contractor shall submit three (3) physical sets of traffic control plans no later than five (5) business days prior to initiating the work, for approval by the General Manager or his/her authorized representatives. No traffic control operations shall begin until written approval is issued.

  The Contractor shall conduct work in such a manner as to provide the least amount of disruption to moving traffic. Whenever possible, the Contractor shall not disrupt traffic on major streets from 7:00 a.m. to 9:00 a.m. and from 4:00 p.m. to 6:00 p.m. The General Manager or his/her authorized representatives may limit the hours of work, limit the area of work, and order the installation of temporary traffic signs and additional cones. When directed, the Contractor shall install these signs at no additional cost to the City.

  The Contractor shall provide written notification to all affected residents and businesses a minimum of 72 hours prior to initiating construction in front of or adjacent to their property. Notification shall include the anticipated construction schedule, expected duration of work, and contact information for the Contractor's designated project representative. Proof of notification shall be submitted to the General Manager or his/her authorized representatives upon request.

  Emergency vehicle access shall be maintained at all times throughout the duration of the project. The Contractor shall coordinate with local emergency services as needed and shall immediately accommodate the passage of emergency vehicles upon request, regardless of the current stage of construction activity.

  Safe pedestrian access shall be maintained through or around the construction zone at all times. Where existing sidewalks or pathways are disrupted, the Contractor shall provide and maintain a clearly marked, ADA-compliant pedestrian detour for the duration of the disruption. All pedestrian access routes shall be kept free of obstructions, trip hazards, and debris.

  At the end of each working day, the Contractor shall remove all equipment, materials, and construction debris from the travel lanes and roadway surface. Any excavations left open overnight shall be covered with steel plates in accordance with the requirements herein. The Contractor shall leave the work area in a condition that allows for safe vehicular and pedestrian movement until work resumes the following day.

  A minimum of one lane must remain open in each direction on every street at all times. The Contractor shall provide traffic control devices including barricades, delineators, advance warning signs, flaggers, and other signage as necessary to ensure driver awareness and safety within the construction area. The General Manager or his/her authorized representatives may limit the hours of work, limit the area of work, and order the installation of temporary traffic signs and additional cones. When directed, the Contractor shall install these signs at no additional cost to the City.

  Occasionally, at the discretion of the General Manager or his/her authorized representatives, steel plates will be required to temporarily cover excavations. Steel plates shall be a minimum of one (1) inch in thickness, recessed flush with the existing pavement surface, and secured in a manner that prevents movement or noise from traffic passing over them. Single plates shall be secured with steel pins or spikes driven into the surrounding pavement at the plate edges to prevent movement. Where multiple steel plates are required, plates shall be spot welded at joints to prevent relative movement. Spot welds shall be removed prior to plate removal each day. All recessing and ramping shall be performed at no additional cost to the City.

  Only recessed, flush-mounted steel plates shall be permitted. Raised, ramped, surface-mounted, or asphalt-tapered installations are prohibited unless expressly approved in writing by the General Manager or his/her authorized representatives. The top surface of the plate shall not extend above or below the surrounding pavement. Any plate found to be uneven, rocking, noisy, or creating a hazardous condition shall be corrected immediately upon notice from the City, or within four (4) hours of discovery, whichever occurs first. Failure to maintain plates in a safe, flush condition may result in immediate suspension of work until corrected, at no additional cost to the City.

  When steel plates are used to cover fresh concrete patches, the plate shall bear on the existing pavement surrounding the patch and shall not bear directly on the concrete surface. The plate shall extend a minimum of six (6) inches beyond the patch edges onto existing pavement on all sides. A minimum one (1) inch thick plywood pad shall be placed at the plate perimeter to protect the concrete surface finish. Cold mix asphalt ramps shall be applied at all plate edges at a minimum taper ratio of 1:6 (vertical:horizontal) to eliminate surface lips and prevent plate movement. Where multiple steel plates are required, plates shall be spot welded at joints to prevent relative movement. Spot welds shall be removed prior to plate removal each day. The Contractor shall maintain and reposition ramps as needed for the duration of the curing period. Steel plates over concrete patches shall remain in place until the concrete has reached a minimum compressive strength of 2,500 psi. All costs associated with plywood padding, ramping, and plate maintenance shall be included in the applicable traffic control bid item.

  No stockpiling of material and construction equipment in or on public streets or sidewalks will be permitted. Material and equipment placed in or on public streets, sidewalks, and in the construction areas shall be used the same day and removed from the public right-of-way by the end of each working day.

  It is suggested that the Contractor obtain a storage yard for its materials and construction equipment for the duration of this contract in order that work on this project proceed in an efficient manner. Said storage yard shall conform to all City regulations, ordinances, and zoning requirements and shall be maintained in a neat and orderly manner.

  All costs involved in complying with the above requirements shall be included in the prices bid for the various items of work. If the Contractor fails to provide and install any required signs or traffic control devices, the City may cause such signs or devices to be placed by others and charge all associated costs against the Contractor, to be deducted from the next progress payment.

• 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.

• 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.

• 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.

• FEDERAL - REQUIRED CERTIFICATION —

  If applicable, contractors must sign and submit to the non-federal entity the following certification. APPENDIX A, 44 C.F.R. PART 18 – CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C.Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any. _________________________________________ Signature of Contractor’s Authorized Official Name ________________________________ Title of Contractor’s Authorized Official _______________________ Date   FEDERAL CONTRACT PROVISIONS

• 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.

   

• 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.

• TREE ROOT PROTECTION POLICY —

  At no time shall any materials, supplies, or fill be stored, and/or equipment be parked or driven within the prescribed root protection zone unless otherwise directed by the General Manager or his/her authorized representatives. The root protection zone is defined as the larger of the drip line of the tree or the distance from the trunk equal to six (6) inches for each inch of trunk diameter measured at 4.5 feet above existing grade.

  No excavation, trenching, grade reduction, or soil compaction shall occur within the root protection zone without prior written authorization from the City.

  Any damage to trees resulting from the Contractor's failure to observe the root protection zone shall be remediated by the Contractor at its own expense. If the Contractor fails to perform the required remediation, the City may do so and deduct all associated costs from the next progress payment.

• ACCESS TO RECORDS —

  The following access to records requirements apply to this contract: (1) The Contractor agrees to provide (insert name ofstate agency or local or Indian tribal government), (insert name of recipient), 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 (write in name of the non-federal entity) 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.

• 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.

• 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.”

• QUALITY OF WORK —

  The provisions of Section 4-1.1 entitled "Materials and Workmanship" of the Standard Specifications shall apply. In addition, any work deemed unacceptable by the General Manager or his/her authorized representatives, whether or not a cause is determined, shall be repaired or replaced by the Contractor at its own expense. Per P.M.C. 4.08.130(F), the quality of the Contractor's performance will be evaluated to determine the approval of contract extension.

• 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)

• 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.

• 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.

• 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.

• 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.”

• SAWCUTTING —

  Payment for sawcutting concrete and asphalt pavement, curb, gutter, or sidewalk shall be included in the bid prices of the various related items as specified in the Bidder's Proposal, and no additional payment for this work shall be made therefor.

  Sawcutting will be required along score lines of all individual concrete areas to be removed. A minimum 6-inch saw cutting depth will be required along the joint line for curb and gutter, except for removal of curb only. For curb only, a minimum saw cutting depth of 1 inch greater than the curb face depth shall be required. All sawcuts shall be straight, neat, and full-depth to prevent damage to adjacent concrete or asphalt surfaces.

  The residue resulting from sawcutting operations shall not be permitted to flow beyond the specific work location and shall be removed the same day. See Section 3.25 of these Specifications for NPDES requirements. Failure to properly contain and remove sawcut slurry may result in suspension of work until corrective measures are implemented, at no additional cost to the City.

• 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.

• Equivalents to Specifications —

  The material, equipment or service offered by the bidder will meet all requirements of the specifications in this Notice Inviting Bids. Questions requesting approval of equals must be submitted before the deadline for questions to the City contacts listed in the Bid Invitation. Bidder must provide all information (no pricing) in order for the City to determine if the product offered is an equal to the manufacturer specified and/or meets the technical specifications. This includes details for each item to which a proposed equal will be taken, proposed make and model specifications, and any other information on the material specified herein regarding approved equals requested. Bidder must state brand name and/or manufacturer of each item proposed and include detailed specifications. All guarantees and/or warranties must also be stated. Parts and materials must be latest model or current date and meet specifications or be equal to the specifications.

  During the question and answer period for this solicitation (Furnish and Deliver Utility and Miscellaneous Street Repairs - WD-26-02; 2026-IFB-LM-0320), 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.

• Taxes —

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

• 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.

• 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

• 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.”

• REMOVAL OF EXISTING SURFACING —

  Temporary resurfacing will be placed by the Pasadena Water and Power Department and shall be removed and disposed of by the Contractor prior to the placing of the permanent paving. Temporary pavement and/or backfill shall be removed to a depth sufficient to permit a permanent paving thickness one (1) inch greater than the existing pavement section. Removal and disposal of paving in excess of the temporary pavement, when required, shall be included with the removal and disposal of temporary pavement and/or backfill mentioned above. All work shall comply with the Restoration of Asphalt and Concrete Streets of the Pasadena Standard Drawings S-416 and S-417. Contractor's unit price bid for installation of permanent paving shall include full compensation for removal and disposal of temporary pavement, temporary backfill, excess paving, and any required cold milling. No additional payment will be made therefor.

  Additional quantity of asphalt concrete used due to excess backfill material being removed over the one (1) inch greater than the existing pavement shall not be paid. The Water and Power Inspector will verify the proper depth of the backfill material and the temporary asphalt concrete removal prior to the start of the Contractor's paving work.

  The Contractor shall not commence permanent paving until the required depth of removal has been verified by the Water and Power Inspector.

• 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.”

• 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: NO VALUE

• ASPHALT CONCRETE COLD MILLING —

  All cold milling work on this project shall be in accordance with Section 302-5.2 entitled "Cold Milling Asphalt Concrete Pavement" of the Standard Specifications and City of Pasadena "Supplements and Modifications."

  Trenches on moratorium streets (asphalt concrete streets repaved within the last 5 years), the limits of the restoration shall be a rectangular area extending a minimum of one (1) foot beyond the outer edge of the widest portion of the T-Section. The limits shall be saw cut after backfill of trench is completed. The existing asphalt concrete shall be removed to a depth equal to the thickness of the wearing course. Removal shall be by cold milling. Any ridges created by the cold milling shall not extend more than one-quarter (1/4) inch above the cold milled surface. The perimeter edges of the cold milled areas shall be neat and uniform. The roadway surface to remain in place shall not be damaged in any way by the Contractor's operations. All areas that have been cold milled shall be repaved the same day. No cold milled surface shall be left exposed overnight without prior written approval from the City.

  The unit price paid per square foot shall include full compensation for cold milling the asphalt concrete pavement, disposing of the materials removed, and other necessary incidental work, and no additional payment will be made therefor.

• 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.

• INSPECTION, MEASUREMENT, AND COMPUTATION —

  When the Work to be performed is within the City of Pasadena, the Pasadena Public Works Department or its appointed representative will perform inspection of street paving. The Pasadena Public Works Department shall determine the limits and extent of street paving to be performed and the determination shall be verified and approved by the Water and Power Inspector. When the Work to be performed is outside the City of Pasadena, inspection of the paving and determination of its limits and extent will be performed by the Los Angeles County Public Works Department and the determination shall be verified and approved by the Water and Power Inspector.

  Whenever either the Pasadena Public Works Department or the Los Angeles County Public Works Department directs the Contractor to make repairs to an extent or in a manner not specifically covered in the Bid Schedule or exceeds the project limits, the Contractor shall not perform such work until express approval is received from the General Manager or their authorized representatives of the Water and Power Department. In the absence of said express approval, no payment shall be due the Contractor for any work that is not covered by the Bid Schedule. Unauthorized work performed outside the approved project limits shall be at the Contractor's sole expense.

  Contractor shall notify the Water and Power Department at (626) 744-4409 at least forty-eight (48) hours in advance of commencing any work in order that the Water and Power Department inspector and the Department of Public Works inspector can be scheduled and assigned to inspect the Work.

  Failure to provide the required notice may result in delay of inspection and suspension of Work until inspection personnel are available, at no additional cost to the City.

• 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.

• 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

• 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: NO VALUE

• 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.

• MOBILIZATION —

  When two or more patch locations of the same work type on the same paving list meet any of the following proximity criteria, they shall be combined into a single line item on the Contractor's invoice at the total combined square footage:

  (a) the locations are at the same address or parcel;

  (b) the locations are on the same block face; or

  (c) the locations are within 300 linear feet of each other along the same street.

  Payment will be made at the applicable unit price for the total combined square footage, which shall be applied to the appropriate size range bracket in the Bidder's Proposal. Patch locations of different work types at the same address or in proximity shall each be invoiced separately under their respective bid items, as equipment and crew requirements differ by work type.

  The Contractor shall sequence work to complete all patches within a qualifying group in a single continuous operation before moving to another location. Moving away from a grouped location and returning at a later time shall not entitle the Contractor to invoice the patches as separate line items unless expressly authorized in writing by the Water and Power Engineer.

  The City's determination as to which patch locations qualify as a group for purposes of invoice consolidation shall be final. Invoices that do not reflect applicable patch consolidations will be rejected and must be corrected and resubmitted before payment will be processed.

• 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.

• 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.

• ASPHALT CONCRETE —

  Asphalt concrete shall be prepared and placed in accordance with the requirements of the "Standard Specifications for Public Works Construction," latest edition, hereinafter referred to as the Standard Specifications and City of Pasadena "Supplements and Modifications," latest edition.

  Application and installation of asphalt concrete shall meet the requirements of Section 302-5, and materials for asphalt concrete shall meet the requirements of Section 203-6 of the Standard Specifications and the City of Pasadena Supplements and Modifications to the "Greenbook" Standard Specifications for Public Works Construction.

  Construct new asphalt concrete base course, Class B, PG 64-10 with 5.2% binder, one (1) inch thicker than the existing section. The base course shall be installed in two lifts where the thickness exceeds four (4) inches unless otherwise directed by the General Manager or his/her authorized representatives.

  Construct new asphalt concrete wearing course:

  Type of Street	Minimum Compacted Depth	Asphalt Concrete Type	Binder Content
  Local Residential Streets	one inch (1")	D2-PG 64-10	5.6%
  Collector/Major Streets	one and one-half inches (1.5")	C2-PG 64-10	5.2%

   

  The total thickness of the asphalt concrete base course and asphalt concrete wearing course shall be one (1) inch thicker than the existing pavement section.

  If, as a result of the Contractor's operations, any unauthorized removal or damage occurs outside the limits marked by the Water and Power Department, it shall be the Contractor's responsibility to replace or repair the damage at no cost to the City.

  All repairs shall match the existing pavement section and surface condition, as determined by the City.

  Payment shall be included in the appropriate unit prices as specified in the Bidder's Proposal and no additional payment shall be made therefor.

• 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. The contract may be extended for two optional one-year extension periods subject to the approval of the City Manager.

• ASPHALT RUBBER HOT MIX (ARHM) —

  ARHM shall be the product of mixing paving asphalt rubber and mineral aggregate at a central mixing plant and shall conform to Section 203-11 of the Standard Specifications and City of Pasadena "Supplements and Modifications", except as modified herein.

  ARHM will be designated by class, for example, ARHM-GG-C. Unless otherwise specified, ARHM shall be Class ARHM-GG-C. The mineral aggregate shall conform to Standard Specifications gradations, except that it shall be "gap graded."

  Paving Asphalt Rubber shall be a mixture of paving asphalt and crumb rubber modifier (CRM) produced through a "wet process." The CRM shall be blended with hot paving asphalt before the asphalt is mixed with any mineral aggregate. Paving Asphalt shall be PG 64-16.

  Placement of ARHM shall conform to Section 302-5 of the Standard Specifications except as modified herein.

  ARHM-GG-C shall be placed at a minimum compacted thickness of 1.5 inches and a maximum compacted thickness of 2 inches per lift, unless otherwise directed by the General Manager or his/her authorized representatives.

  ARHM shall not be placed on a wet or moisture-saturated surface. The existing surface shall be dry and free of standing water, puddles, or moisture film prior to placement. The General Manager or his/her authorized representatives may delay placement if surface conditions are deemed unsuitable.

  Tack Coat of PG 64-16 paving asphalt shall be applied to the existing surface at a rate of 0.05 gallon/square yard.

  At the time of delivery to the work site, the temperature of the ARHM shall be between 300°F and 325°F. ARHM shall only be placed when the atmospheric temperature is at least 50°F and rising.

  A vibratory roller using the vibratory mode shall be used for initial breakdown rolling. The initial breakdown rolling shall be completed before the ARHM temperature falls below 290°F, measured in front of the roller. Pneumatic rollers shall not be used.

  Finish rolling shall follow breakdown rolling and shall be completed before the ARHM temperature falls below 200°F. A minimum of two (2) finish roller passes shall be required. The finished patch surface shall be flush with the surrounding pavement, free of roller marks, segregation, raveling, or open texture, and shall present a uniform appearance. The completed patch shall be subject to visual inspection and approval by the General Manager or his/her authorized representatives prior to opening to traffic.

  Longitudinal and transverse joints shall be constructed to ensure a continuous, well-bonded, tight joint. Longitudinal joints shall be offset a minimum of six (6) inches from existing pavement joints or lane lines. All joints shall be sealed with a tack coat of PG 64-16 paving asphalt applied at a rate of 0.05 gallon/square yard prior to placement of the adjacent mat. Joints shall be rolled while the material is still workable to achieve proper compaction and bonding.

  If directed by the General Manager or his/her authorized representatives, all signal controlled intersections, and any locations where crossing traffic is to be maintained, shall require rock dust blotter. Rock dust blotter shall conform to Subsection 200-1.2 of the Standard Specifications and shall be uniformly applied using a mechanical spreader at a rate of between two (2) pounds and four (4) pounds per square yard.

  Payment for rock dust blotter will be included in the unit price to be paid for asphalt rubber hot mix and no additional payment will be made therefor. If rock dust blotter is not required, ARHM-GG-C must cool to below 151°F before traffic is allowed on the pavement. As a general guideline, cooling to 151°F typically requires a minimum of one (1) hour under normal atmospheric conditions, though actual cooling time will vary based on lift thickness, ambient temperature, and wind conditions. The Contractor shall plan lane closure durations accordingly.

  No traffic shall be permitted on the ARHM surface until the specified temperature requirement has been met.

• 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.

• 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.

• 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.
• Buy America Requirement —

  This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. DEPARTMENT OF AGRICULTURE Rural Utilities Service 7 CFR Part 1787 RIN 0572–AC42 ‘‘Buy American’’ Requirement. Details for this requirement can be found at the following link: https://www.govinfo.gov/content/pkg/FR-2018-11-27/pdf/2018-25815.pdf

• 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.

• CRUSHED AGGREGATE BASE —

  All crushed aggregate base material used on this project shall conform to Section 200-2.2 of the Standard Specifications and shall consist entirely of crushed rock and rock dust, free from deleterious substances as determined by the General Manager or his/her authorized representatives.

  Prior to placing crushed aggregate base, the subgrade shall be inspected and approved by the General Manager or his/her authorized representatives. Any soft, unstable, or unsuitable subgrade material shall be removed and replaced at the Contractor's expense before base placement begins.

  Crushed aggregate base shall be placed in lifts not exceeding six (6) inches in compacted thickness. Each lift shall be moisture conditioned and compacted in accordance with the Standard Specifications. Crushed aggregate base shall be placed, moisture conditioned, and compacted in accordance with the Standard Specifications. The finished base surface shall be firm, unyielding, and free of ruts or soft spots prior to placement of asphalt, and shall be subject to approval by the General Manager or his/her authorized representatives.

  Payment shall be included in the appropriate unit prices as specified in the Bidder's Proposal and no additional payment shall be made therefor.

• TIME OF COMPLETION. —

  The CONTRACTOR shall begin work within fifteen (15) calendar days after date of the Notice to Proceed and shall diligently prosecute the work to completion in every detail, within TBD Working Days after the date in the Notice to Proceed with Work, exclusive of maintenance periods if any.

  
  A working day consists of the following: Mon-Fri, 8:00 am to 4:00 pm
  Except the following observed City Holidays:

  • New Year’s Day
  • Martin Luther King Jr Day
  • Lincoln’s Birthday
  • Washington’s Birthday
  • Memorial Day
  • Independence Day
  • Labor Day
  • Veteran’s Day
  • Thanksgiving Day
  • Day after Thanksgiving
  • Christmas Day

  The Contractor is required to confirm dates with the City prior to start of construction.

• SMALL, MINORITY, AND WOMEN’S BUSINESS ENTERPRISES AND LABOR SURPLUS AREA FIRMS —

  REQUIRED FOR ALL FEDERALLY FUNDED AGREEMENTS. 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.

  • Equal Employment Opportunity Forms: Equal Employment Opportunity Forms | Federal Communications Commission (https://www.fcc.gov/enforcement/eb-eeo/equal-employment-opportunity-forms)
• 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.

• APPLICATION OF TACK COAT —

  Tack coat shall be used on all vertical surfaces of existing pavement, curbs, gutters, manholes, and joints before placing asphalt concrete. Application shall be as specified in Section 302-5.4 of the Standard Specifications and the City of Pasadena "Supplements and Modifications". Tack coat shall be Grade SS 1h emulsified asphalt or PG 64-10 paving asphalt and shall be placed immediately prior to placing asphalt concrete. Rate of application shall be between 0.05 and 0.10 gallon per square yard.

  Tack coat shall be uniformly applied and allowed to properly cure or break prior to placement of asphalt concrete. Excess tack coat causing pooling, runoff, or tracking shall not be permitted.

• CARGO PREFEREENCE ACT (CPA) —

  REQUIRED FOR ALL FEDERALLY FUNDED AGREEMENTS. 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 – 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. 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. To insert the substance of the provisions of this clause in all subcontracts issued pursuant to this contract.”

• SLURRY SEAL —

  The slurry seal (Type I and Type II) shall be a mixture consisting of cationic quick-set emulsified asphalt, mineral aggregate and water, mixed and spread evenly on pavement surfaces to be slurry sealed. Slurry seal shall comply with Section P-203-5 of the City of Pasadena "Supplements and Modifications". Applications shall be in accordance with Section 302-4.3 of the Standard Specifications and P-304-4 of the City of Pasadena "Supplements and Modifications".

  Slurry seal shall be applied only to clean, dry pavement surfaces free of dust, debris, oil, or other contaminants. Traffic shall not be permitted on the slurry seal until the surface has fully cured and is capable of supporting traffic without damage, as determined by the General Manager or his/her authorized representatives.

  Payment for the installation of the slurry seal shall be made per the unit prices in the Bidder's Proposal and no additional payment shall be made therefor.

• 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 Furnish and Deliver Utility and Miscellaneous Street Repairs - WD-26-02 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.

• LIQUIDATED DAMAGES —

  Failure of the contractor to meet the delivery date will result in damages being sustained by the City of Pasadena. Such damages are, and will continue to be, impracticable and extremely difficult to determine. For each consecutive calendar day in excess of the delivery date the Contractor shall pay the City of Pasadena, or have withheld from monies due it, the sum of TBD per day.
  
  Execution of the Contract shall constitute agreement by the City of Pasadena and the Contractor that this represents the minimum value of the costs and actual damage caused by the failure of Contractor to meet the deliver date. Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due Contractor if such delays occur.

• 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. 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. 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. Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal agency or the loan or grant recipient) 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. 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. 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. 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.”

• 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.

• Accessibility Compliance Requirements —
  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  ---

• CONCRETE CURB, GUTTER, SIDEWALK, APRONS, AND LOCAL DEPRESSIONS —

  PCC for curb, gutter, sidewalk, driveway, and local depressions shall be Class 520 C 2500. Finish coat for curbs shall be Class B mortar prepared as prescribed in Subsection 201-5.1. Section 303-5 of the Standard Specifications for Public Works Construction and City of Pasadena "Supplements and Modifications" shall govern materials, installation, and application. Modifications from these Specifications are as follows:

  All joints shall conform to City of Pasadena Standard Drawings S-421 and S-422 and subsection 303-5.4 of the Standard Specifications and Pasadena Supplements and Modifications. Payment for quantities of concrete items, including reinforcement and dowels necessary to construct the concrete items in place, shall be considered as included in the unit prices in the Bidder's Proposal.

  Payment for removal and reconstruction of a twelve-inch (12") width of asphalt pavement required to set forms to reconstruct concrete items shall be included in the various unit bid prices for the applicable concrete removal and reconstruct item and no additional compensation shall be paid for this work.

  The structural section for the twelve-inch (12") width of asphalt pavement shall be six-inch (6") thick for local streets or eight-inch (8") thick for major streets or one inch (1") greater than the asphalt concrete structural section, whichever is greater. No aggregate base is required. Using uniform mix for the full depth is not acceptable. The asphalt mix design shall be per Section II-4.07 of these Specifications.

• PORTLAND CEMENT CONCRETE PAVEMENT —

  PCC for streets shall be Class 520 A 2500.

  PCC pavement shall conform to the applicable provisions of the Standard Specifications for Public Works Construction, latest edition, using applicable portions of Sections 201, 302 and 303 with SPPWC Drawing 134-1, except as modified herein.

  Payment for quantities of reinforcement, dowels, tie bars, and lengths of sawed transverse weakened plane joints necessary to construct the concrete pavement complete in place, as directed by the General Manager or his/her authorized representatives, shall be considered as included in the unit price for concrete pavement in the Bidder's Proposal.

  Concrete shall have a curing compound applied to the surface after the initial set with an approved "Hunts" curing compound and per Section 201-4 of the Standard Specifications. Application shall be in accordance with the manufacturer's instructions. Finished surface shall match adjacent finishes. Contractor's unit price for installation of PCC shall include an amount sufficient to cover the cost of applying the curing compound.

  All reinforcement, dowels, tie bars, joint construction, and curing required to complete the PCC pavement in place shall be included in the unit price bid for concrete pavement. No additional payment shall be made therefor.

• 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.

• 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.

• 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 (insert name of the non-federal entity), 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 (insert name of the non-federal entity) 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 (insert name of the non-federal entity) 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 (insert name of the non-federal entity).”

• 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.

• UNIQUE ENTITY ID (UEI) SAM.GOV —

  SAM REGISTRATION

  Prior to bid submittal date, the lowest responsive and responsible bidder must be verified to not be on the government-wide exclusions list for suspension or debarment. 

  Vendors seeking to register can register for free at the following link: https://sam.gov/content/entity-registration

  All federal financial assistance recipients must have a Unique Entity ID (UEI) number.

  As of April 4, 2022, DUNS Numbers will no longer be used by federal agencies. As part of a governmentwide initiative, the Office of Management and Budget (OMB), directed all federal agencies to complete their transition to the Unique Entity ID created in SAM.gov. This transition allows the government to streamline the entity identification and validation process, making it easier for entities to do business with the federal government for your company does not have a UEI, you can obtain one by visiting https://sam.gov/content/entity-registration.

  The SAM registration process may take several business days to complete. Therefore, the City recommends that the Bidder begin the registration process if bidder has not done so already.

  This proof must be submitted with the Bid. If you fail to submit this information with the Bid, the Bid may be deemed non-responsive.

• HIGH EARLY STRENGTH PORTLAND CEMENT CONCRETE —

  The Contractor shall use high early strength concrete for roadway pavement or cross gutter when requested by the General Manager or his/her authorized representatives. The concrete class shall be 660-A-4000.

  The new concrete shall not be open to traffic until it has cured for a minimum of 72 hours and has achieved the required compressive strength, as determined by the General Manager or his/her authorized representatives.

  Payment shall be included in the appropriate unit prices as specified in the Bidder's Proposal and no additional payment shall be made therefor.

• 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.

• 2 CFR Parts 184 and 200 —

  Below is a Summary and an Executive Summary: Click Here for the Complete Document: https://public-inspection.federalregister.gov/2023-17724.pdf

  SUMMARY: 

  The Office of Management and Budget is revising the OMB Guidance for Grants and Agreements. The revisions are limited in scope to support implementation of the Build America, Buy America Act provisions of the Infrastructure Investment and Jobs Act and to clarify existing provisions related to domestic preferences. These revisions provide further guidance on implementing the statutory requirements and improve Federal financial assistance management and transparency. 

  SUPPLEMENTARY INFORMATION:

  Executive Summary

  The Office of Management and Budget (OMB) is revising its guidance in title 2 of the Code of Federal Regulations (2 CFR) to add a new part 184 and revise 2 CFR 200.322. The revisions implement the requirement for the Director of OMB to issue guidance to the head of each Federal agency to assist in the implementation of the requirements of the Build America, Buy America Act (BABA), Public Law 117-58, 135 Stat. 429, 70901-70927, Nov. 15, 2021. As required by BABA, the new part 184 of 2 CFR provides clear and consistent guidance to Federal agencies about how to apply the domestic content procurement preference (Buy This document is scheduled to be published in the Federal Register on 08/23/2023 and available online at federalregister.gov/d/2023-17724, and on govinfo.gov America or BABA preference) as set forth in BABA to Federal awards for infrastructure projects. See BABA 70915. For example, the new part 184 includes definitions for key terms, including iron or steel products, manufactured products, construction materials, and materials identified in section 70917(c) (section 70917(c) materials) of BABA. These definitions provide a common system for Federal agencies to distinguish between the product categories established under the statutory text in BABA. The new part also offers standards that define “all manufacturing processes” in the case of construction materials. The new part 184 also includes guidance for determining the cost of components of manufactured products. The part 184 text uses a modified version of the “cost of components” test found in the Federal Acquisition Regulation (FAR) at 48 CFR 25.003, which is used for Federal procurement. Using this approach for determining the cost of components of manufactured products in the context of Federal financial assistance aims to provide a consistent approach for industry, with only minor modifications which are explained in this document. The new part 184 also includes guidance on proposing and issuing Buy America waivers. For example, based on the statutory text of BABA, it restates the circumstances under which a waiver may be justified. The new part also includes guidance on the type of process that a Federal agency should implement to allow recipients to request waivers, including the process a Federal agency should follow in issuing proposed and final waivers. The revised provision in 2 CFR part 200 specifies that Federal agencies providing Federal financial assistance for infrastructure projects must implement the Buy America preferences set forth in 2 CFR part 184, as required under section 70914(a) BABA, as of the effective date of the guidance, unless specified otherwise. 

  Click Here for the Complete Document: https://public-inspection.federalregister.gov/2023-17724.pdf

• ADJUST WATER METER BOX/VAULT —

  Existing water meter boxes/vaults which need to be adjusted to grade shall be adjusted with the installation of three-quarter (¾") crushed rock, four inches (4") thick extending outside the walls and below the boxes/vaults.

  These items include adjustment to grade of water meter boxes/vaults as part of utility street repairs or as an adjustment to grade work only at miscellaneous locations. In the event that the existing meter box/vault is damaged or becomes damaged during the adjustment, all materials for these adjustments except the crushed rock, asphalt concrete or PCC will be furnished by the Water Division from its warehouse at 311 West Mountain Street, Pasadena. The Contractor will be responsible for loading and delivering these materials. Acceptance of the materials by the Contractor at the warehouse shall be final and shall relieve the City of any responsibility for materials damaged during construction. The Contractor shall make the excavation and install the meter box/vault. Contractor's bid price for meter box/vault installation shall include full compensation for all work necessary to complete the installation, including loading and delivering of the materials and any permanent paving and tack coat requirements, in Bid Item 7 of the Bidder's Proposal. No additional payment shall be made for incidental work necessary to complete the adjustment to grade.

• ADJUSTMENT OF GATE CANS —

  All gate cans shall be adjusted as shown on drawing S-207 in Appendix A. Item 6 in the Bidder's Proposal includes two different prices for adjustment to grade of gate cans. The first unit price is the adjustment as part of a larger street repair project, and the second unit price is as a stand-alone gate can project at miscellaneous locations for the repair of trip hazards. Contractor's bid price for gate can installation shall include full compensation for all work necessary to complete the adjustment or installation, including loading and delivering of the materials and any permanent paving and tack coat requirements, in the appropriate bid items.

  All materials for the adjustments of gate cans, except the concrete ring and asphalt concrete, will be furnished by the Water Division from its warehouse at 311 West Mountain Street, Pasadena. The Contractor will be responsible for loading and delivering these materials. Acceptance of the materials by the Contractor at the warehouse shall be final and shall relieve the City of any responsibility for materials damaged during construction. The Contractor shall make the excavation and install the cast iron frame, metal sleeve, and concrete collar or asphalt concrete as shown.

  All gate cans shall be set flush with the finished surface and shall not protrude above or be recessed below the surrounding pavement or sidewalk. No additional payment shall be made for incidental work required to complete the adjustment to grade.

• 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.

• CAAC Consultation - Class Deviation From the Federal Acquisition Regulation (FAR) Regarding Executive orders 14173 and 14168 —

  For Compliance with Federal Acquisition Regulations (FAR) Clauses and Deviations

  General Requirements
  All bidders or proposers must adhere to the following Federal Acquisition Regulation (FAR) clauses, including specified deviations. Bidder/Proposers should ensure their representations and certifications are completed and up to date in SAM.gov before submitting their proposal.

   

  Required Representations and Certifications  

  • Annual Representations and Certifications  
    - FAR 52.204-8 (JAN 2025) (DEVIATION FEB 2025)  
      - Bidder/Proposers must have their Annual Representations and Certifications updated in SAM.gov.  
      - No separate submission is required unless there are changes not reflected in SAM.  
      - The Government will review the Bidder/Proposer’s certifications directly in SAM.  
  • Bidder/Proposer Representations and Certifications for Commercial Products and Services  
    - FAR 52.212-3 (MAY 2024) (DEVIATION FEB 2025)  
      - Bidder/Proposers must ensure that their Representations and Certifications – Commercial Products and Commercial Services are current in SAM.  
      - If any part is not completed in SAM, the Bidder/Proposer must submit the relevant information with their bid.  
      - Certifications must align with all federal compliance requirements, including Buy American, small business status, and other regulatory matters.  

  Contract Terms and Conditions  

  • Commercial Products and Services  
    - FAR 52.212-5 (JAN 2025) (DEVIATION FEB 2025)  
      - The awarded contract will include all applicable statutory and executive order requirements.  
      - Bidder/Proposers must comply with all terms, including labor laws, environmental regulations, and cybersecurity requirements.  
  • Simplified Acquisitions (Other Than Commercial Products and Services)  
    - FAR 52.213-4 (JAN 2025) (DEVIATION FEB 2025)  
      - Applicable to simplified acquisitions outside of commercial product and service procurement.  
      - The contract terms will include relevant federal requirements for small purchases, including payment terms, delivery conditions, and compliance obligations.  

  Subcontracting Requirements  

  - FAR 52.244-6 – Subcontracts for Commercial Products and Commercial Services  
    - If the Bidder/Proposer intends to subcontract any portion of the work:  
      - Subcontractors must comply with all applicable FAR clauses.  
      - The prime contractor is responsible for ensuring subcontractor compliance with federal laws.  
    - The Government reserves the right to review and approve subcontractors for compliance.  

• BARRICADES —

  Barricades used by the Contractor shall be placed as set forth in the Work Area Traffic Control Handbook and the cost to furnish, install and remove shall be included in the various unit prices in the Bidder's Proposal. The Contractor shall obtain and maintain a current copy of the Work Area Traffic Control Handbook (WATCH) for use throughout the duration of the project. Traffic crossings are required where the clear width of any crossing is less than eight feet and shall be the responsibility of the Contractor and shall be provided at the Contractor's expense.

  Open excavations or trenches shall be protected on all sides by approved barricades or physical barriers. Cones alone shall not be considered adequate protection. When trenches are unattended, including during breaks or at the end of the workday, they shall be securely plated or fully barricaded in accordance with WATCH and the California MUTCD. Barricades shall be placed to prevent vehicles and pedestrians from entering the excavation area. Barricade type selection shall be in accordance with the requirements set forth in the SAFETY AND PROTECTION section of these Specifications.

  Barricades shall be maintained in proper position at all times and shall not be removed until authorized by the City. Failure to properly install or maintain barricades may result in suspension of Work until corrected, at no additional cost to the City.

• 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.

• LUMP SUM WORK —

  For large areas or miscellaneous paving work not included in the bid schedule, or whenever, in the opinion of the General Manager or his/her authorized representatives, is determined to be in the City's interest to have work performed on a lump sum basis, the City will request lump sum bid proposals from the Contractor and any other firm the City may choose. Such request will be made in writing and will include a sketch or complete description of the work to be performed in accordance with this Specification. The Contractor shall submit a lump sum proposal within five (5) business days of receiving the written request. The City will then issue a purchase order for such lump sum work to the low bidder. The low bidder will be given Notice to Proceed with the work and will be paid in accordance with the Contractor's lump sum proposal.

  No lump sum work shall be performed without a written purchase order and Notice to Proceed issued by the City. In the absence of such written authorization, no payment shall be due.

• 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.

• Funding Source —

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

• CURB RAMP —

  Whenever work has been done in existing or planned curb ramp areas, the Contractor shall be required, at the discretion of the General Manager or his/her authorized representatives, to install an ADA compliant curb ramp in accordance with Drawing No. S-414-Intersection-Curb-Ramp. The maximum slope of 8.33% shall be strictly adhered to. Cross-slope, landing dimensions, and detectable warning placement shall conform to the referenced Standard Drawing. All curb ramps shall be constructed to provide a smooth, continuous transition to adjacent pavement surfaces without vertical offsets.

  Payment will be made as bid in the Bid Schedule for sidewalk, curb, and gutter installations. In addition, the Contractor shall furnish and install embedded detectable warning tile onto the curb ramp per Drawing No. S-414 and shall be paid per the unit price in the Bidder's Proposal.

• PERMANENT CHANNELIZATION STRIPING AND PAVEMENT MARKINGS —

  All permanent channelization striping and pavement markings shall conform to Sections P-310-5.6 under "Painting" and Section P-210-1.6 under "Paint for Traffic Striping and Markings, etc." of the City of Pasadena "Supplements and Modifications". Paint materials shall comply with Caltrans Standard Specifications, Section 84-3, either solvent borne or water borne paint may be used.

  Where painting is required, permanent channelization striping and pavement markings shall receive two (2) coats of paint and shall be installed per applicable City of Pasadena Traffic Division Standard Drawings. The second application of paint shall take place no sooner than seven (7) calendar days after the first application. Glass beads for retroreflectivity shall be applied to the wet paint surface in accordance with Caltrans Standard Specifications Section 84-3.

  All striping and pavement markings shall be applied to clean, dry pavement surfaces and shall be protected from traffic until dry.

  The Contractor shall restore all striping and pavement markings damaged or removed during construction to match the original configuration, type, color, and dimensions. Restoration of striping and pavement markings shall be completed prior to opening the affected area to traffic and shall be included in the Contractor's unit prices. No additional payment shall be made for restoration of striping or markings damaged or removed as a result of the Contractor's operations.

  Payment for permanent channelization striping and pavement markings will be based on the unit prices as shown in Item 9 of the Bidder's Proposal. For skip dash line or centerline quantities, the quantities listed include painted distances only and therefore payment for this work shall be made on the basis of painted distances only.

  Payment for pavement messages shall be made "per word."

• RAISED PAVEMENT MARKERS —

  Raised pavement markers shall conform to the provisions in Section 85, "Pavement Markers," of the State Specifications.

  Adhesive for pavement markers shall conform to the provisions in Section 95-2.04 "Rapid Set Epoxy Adhesive for Pavement Markers" (Specification No. 8040-21M-07) or hot melt bituminous adhesive per Section 85-1.055 "Adhesives" of the State Specifications and these Special Provisions.

  Pavement markers which have been removed by Pasadena Water and Power and/or its Contractor shall be replaced with new pavement markers and installed as directed by the General Manager or his/her authorized representatives.

  In addition, raised pavement markers to be installed near fire hydrants shall be blue raised pavement markers. Blue markers shall be placed in the center of the nearest travel lane, directly in line with the fire hydrant, in accordance with Caltrans Standard Plans and the California MUTCD.

  Pavement markers shall be stored indoors and protected from any source of moisture from the time of shipment to the job site until the markers are installed on the pavement. The markers shall be maintained in a dry environment of sufficient warmth to preclude any possible moisture condensation.

  Markers shall not be installed on damp or contaminated pavement surfaces. Pavement surface temperature shall meet the minimum requirements of the adhesive manufacturer prior to installation.

  The unit price paid for furnishing and installing the various types and classes of pavement markers shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals necessary to store and install the pavement markers as required by these Specifications.

  Payment will be based on the actual number of pavement markers installed and the unit price submitted by the Contractor in Item 9 of the Bidder's Proposal.

• LOOP DETECTORS —

  If it is necessary to replace loop detectors, the installation of loop detectors shall comply with the provisions in Section 86-5, "Detectors," of the State Specifications, Caltrans Standard Plans ES-5A, ES-5B, and ES-5E, Pasadena Standard Plan S-976 and these Special Provisions.

  Loop detector replacement locations will be as directed by the General Manager or his/her authorized representatives.

  Loops shall be circular, six feet (6') in diameter. Circular loops may be cut either by a "core bit" or "circular loop cutter". Neither method shall cause any additional holes to be placed in the pavement for the purpose of anchoring the installation machine.

  All saw cuts shall be washed clean and blown or vacuumed dry, leaving a clean, dry slot prior to the installation of loop wire. Residue resulting from saw cut operations shall not be permitted to flow across the roadway or into storm drain systems. Such residue shall be contained and removed from the roadway in such a manner to prevent tracking by vehicles and pedestrians.

  The saw cuts shall be vertical. The depth and width of the cut shall be maintained, even on crowned roadways. The width of the cut for loops shall be one-half inch (½"). The width of the cut between the loop(s) and the termination pull box shall be of sufficient width for the wires to be twisted as specified below. The maximum depth of all cuts shall be three inches (3").

  Loop cuts shall not be placed within twelve inches (12") of pavement edges, joints, or gutter lips unless otherwise directed by the General Manager or his/her authorized representatives.

  The distance between the side of a loop and a lead-in saw cut from adjacent detectors shall be two feet (2') minimum. The distance between lead-in saw cuts shall be six inches (6") minimum.

  Where saw cuts for lead-ins cross joints or major cracks in the pavement, the pavement shall be removed 1 inch on either side of the cut and on either side of the joint or crack to at least the depth of the saw cut. The wires shall be covered with sand, which in turn shall be covered with a minimum of 1-inch sealant.

  Loop detector wire shall conform to Section 86-5.01A (4), Type 2, of the Caltrans Standard Specifications. It shall be continuous (not spliced) and shall be wound into the saw cut by hand, or pre-formed and stacked into the saw cut. Each turn shall be laid on top of one another and be secured in such a manner that it will remain in place and not float in the cut.

  The inductive loop wires shall begin and terminate in the pull box with a maximum of 3 feet extending from the top of the conduit. Adjacent loops on the same sensor channel shall be wound in opposite directions. The wires between the loop and the pull box shall be twisted clockwise at least two (2) turns per foot.

  After conductors are installed in the slots, the slots shall be filled with sealant to within one-eighth inch (1/8") of the pavement surface. The sealant shall be at least one inch (1") thick above the top conductor. Before setting, surplus sealant shall be removed from the adjacent surfaces without the use of solvents.

  The sealant for filling the saw cuts shall be hot-melt, rubberized asphalt sealant. The sealant shall be injected into the saw cut through a heated nozzle. Pouring sealant into the saw cut will not be permitted.

  Loop detector lead-in cable shall conform to Section 86-501A (4), Type B, of the Caltrans Standard Specifications.

  Loop circuit pairs shall be identified and tagged in the termination pull box with the loop number specified in the Plans.

  Each loop conductor shall be identified and tagged with loop number, start (S) and finish (F). Loop detector lead-in cable shall be identified and tagged with the loop number specified in the Plans in the termination pull box, in the controller cabinet and in every pull box in between.

  Loop detectors shall be tested for continuity, resistance, and proper operation prior to opening the lane to traffic. Testing shall be performed in the presence of the General Manager or his/her authorized representatives, if requested. Any loop that fails testing shall be replaced at the Contractor's sole expense.

  Payment for the installation of the loop detectors, complete in place, shall be made per the unit prices in Item 8 of the Bidder's Proposal. If a loop detector has been damaged by the Contractor's construction, the Contractor shall replace the loop detector at the Contractor's cost.

• NPDES REQUIREMENTS —

  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. The Contractor shall comply with all City directions in this regard during construction.

  The following shall be implemented:

  1. Handle, store, and dispose of all materials properly.
  2. Avoid excavation and grading activities during wet weather.
  3. Construct diversion dikes and drainage swales around working sites.
  4. Cover stockpiles and excavated soil with secured tarps or plastic sheeting.
  5. Develop and implement erosion control plans as applicable.
  6. Check and repair leaking equipment away from construction sites.
  7. Designate a location away from storm drains for equipment refueling.
  8. Cover and seal catch basins if work in their vicinity may allow debris or deleterious liquids to enter.
  9. Prior to a rain event, sweep the construction site and remove catch basin inlet protection in street areas to prevent street flooding. Reinstall catch basin inlet protection after the rain event.
  10. Use vacuum extraction with all concrete sawing operations.
  11. Never wash excess material from aggregate, concrete, or equipment onto a street.
  12. Catch drips from paving equipment with drip pans or absorbent material.
  13. Clean up all spills using dry methods only.

Submission Requirements

• Acknowledgements
• Acknowledgement (required) —

  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 Furnish and Deliver Utility and Miscellaneous Street Repairs - WD-26-02 due on Friday, June 12, 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.
• Confirmation, if You are the Recommended Company (required) —

  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)

• Prices must be valid for 180 days (required) —

  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.

• Time of Completion (required) —

  By submitting a response, Bidder agrees to commence work within fifteen (15) calendar days from the date of issuance of a Notice to Proceed and proposes and agrees to have all work completed within NO VALUE Working Days after contract time commences.

• Forms
• AA1; AA2; AA3; Signature & Legal Status; and Declaration of Non-Collusion (required) —

  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)
• Subcontractor Listing/Shoring Design —

  Please download the below documents, complete, and upload.

• Technical Questionnaire Form —

  This form is only required for the purchases of technology at $5,000 or more. If selected, proposers will be required to complete the Pasadena Department of Information Technology Technical Questionnaire. The questionnaire is included in the #Attachments. When completing the questionnaire, please note:

  • Section 4.0 must be completed for externally hosted/SAAS applications; and
  • Section 5.0 must be completed for City hosted/on-premises software
• Data Security for Printers/Copiers/Scanners (required) —

  In order to comply with the section named “Data Security for Printers/Copiers/Scanners,” My company will:

• Relevant Experience Form (required) —

  Please download the below documents, complete, and upload.

• Disclosure of Contracts with the U.S. Department of Homeland Security (DHS) (required) —

  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.

• Qualifications
• CATALOG PRICING: (required) —

  While the materials and supplies listed in this solicitation represent a majority of the materials and supplies needed, there is a small percentage of items that are unknown at this time.  Therefore, bidders are required to, in addition to providing pricing for all materials and supplies, submit a catalog (PDF) with all available supplies or materials for future purchasing consideration as a part of this overall contract with their bid.  Catalog information must include per unit pricing.

• Bid Security Verification (required) —

  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-0320).

  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

• Copy of Required License(s) or Certification(s) (required) —

  Please upload a copy of your: CLASS A (Contractor’s license) license from the State of California, and C10.

• California State Licensing Board Number (required) —

  Please enter your license number with the CSLB for: CLASS A (Contractor’s license) license from the State of California, and C10.

• California Department of Industrial Relations Registration (required) —

  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

   

• DIR Registrations (required) —

  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/.

• Federal Requirements
• CERTIFICATION REGARDING LOBBYING (required) —

  Please download the below documents, complete, and upload.

• Federal Required Certification (required) —

  Please download the below documents, complete, and upload.

• Unique Entity Identifier (required) —

  Please download the below documents, complete, and upload.

• HUD REQUIREMENTS
• HUD Federal Forms (under $300k) (required) —

  In addition to the items listed above, 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. The following forms are required to be submitted with your bid: https://www.cityofpasadena.net/finance/wp-content/uploads/sites/27/HUD-Federal-Forms-under-200k.pdf?v=1674593673378

  HUD Federal Forms (under $300k)

  • Worker’s Compensation Certification
  • Federal Lobbyist Certification
  • Past Performance Certification
  • List of Proposed Subcontractors
• HUD Federal Forms (Over $300k) (required) —

  In addition to the items listed above, 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. The following forms are required to be submitted with your bid: https://www.cityofpasadena.net/finance/wp-content/uploads/sites/27/HUD-Federal-Forms-over-200k.pdf?v=1674593673378

  HUD Federal Forms (Over $300k)

  • Worker’s Compensation Certification
  • Federal Lobbyist Certification
  • Past Performance Certification
  • List of Proposed Subcontractors
  • Section 3 Business Concern
  • Business Concern Affirmation
  • Notice of Section 3 Commitment
  • Section 3 Economic Opportunity Plan
• Active SAM Registration (required) —

  All bidders must provide a copy of their Active SAM Registration with their bid.

• Funding
• How is this Procurement Funded? (required) —

  Select a general funding source

• Confirm requirements from the Grantor are Satisfied (required)
• Please include the full name of the funding agency (not the program): (required) —

  For Example: "Homeland Security"

• Amount of Award from HUD was: (required) —

  The HUD threshold is $300,000.  Please indicate whether or not the award amount is "At the threshold or more" OR "Below the threshold" of $300,000.

• Federal-Aid Project No. (required) —

  Do not erase the text below. Enter the number after the text that reads "FEDERAL-AID PROJECT NUMBER:"

• Additional Federal Attachments —

  Below is a list of potential attachments that may or may not apply to your procurement.  Please review the attachments in the section named "Attachments" to ensure they are relevant and appropriate.

• Setup & Requirements
• Does this procurement include buying a public work? (required) —

  "Public Work" as defined by the State of California: Construction, alteration, demolition, installation, or repair work done under contract and paid in whole or in part out of public funds. It can include preconstruction and post-construction activities related to a public works project.  For additional information on SB 854 please refer to the following link: www.dir.ca.gov/public-works/PublicWorksSB854FAQ.html

• Does this procurement include any of the following (check all that apply)
• Has DoIT approved your specifications? (required)
• Has BSFMD approved your specifications?
• Type of Technology Included (required) —

  Goods/Equipment, Services, SAAS, Printers, Copiers/Scanners)

• HR Compliance with AB 339 (When buying a service or labor) —

  If any of the following items apply, please contact HR (Jaime Arellano, jarellano@cityofpasadena.net; (626) 744-7301) for approval before you proceed.  DO NOT SUBMIT BEYOND THIS POINT UNTIL YOU HAVE OBTAINED APPROVAL FROM HUMAN RESOURCES.

• Specify a Project Completion in Working Days? (required) —

  A section will be inserted into the solicitation to indicate a specific amount of Working Days within which the project must be completed.  This is typical on projects with a start- and end-date.

• Number of Working Days Required to complete the Project (required) —

  Please enter a number only to represent the number of calendar days within which the contractor must complete the work.

• Include Liquidated Damages? (required)
• Liquidated Damages Amount (required) —

  Indicate the Liquidated Damages amount in dollars for this contract.  For each consecutive calendar day in excess of the delivery date the Contractor shall pay the City of Pasadena, or have withheld from monies due it, the sum of [$ Dollars] per day.

• Include a license or certification requirement? (required)
• Required License or Certification: (required) —

  Please enter the specific License or Certification required to be eligible to compete on this solicitation. For example, "C33 - Painting and Decorating, OR Class A – General Engineering with Asbestos Certification, OR class B – General Building with Asbestos Certification".

• Is this a License from the State of California Licensing Board? (required)
• Is experience required to be eligible to compete on this solicitation? (required) —

  If the "Experience is Required" option is selected, a form will be added to capture the experience you require.

• Include Price Adjustment Clause (required)
• Market Basket of Goods - Pricing Method (required) —

  A Market Basket of Goods are the materials and supplies currently in your Bidder's Proposal and represents a pricing method used in solicitations where vendors must provide prices for a representative list of the most commonly purchased materials and supplies. The current list —called the Market Basket—reflects the City’s anticipated purchasing. The materials in the Market Basket represent a defined percentage of the contract’s estimated value and consist of the top items the City purchases. While bidders must price all items in the Market Basket, they must also provide catalog pricing for all other available materials or supplies to cover items not specifically listed.

• What percentage of the total purchase does the Market Basket represent? (required)
• Bonds
• Include a bid bond requirement? (required) —

  An electronic Bid Bond, or Bid security is submitted by all bidders in the amount of five percent (5%) of the total bid price in the form of cash, cashier's check, money order or surety bond, meeting City requirements, must accompany all bids.

• Labor & Materials Bond Required (required) —

  4.08.140 - Bonds or security required when: All such contracts or purchase orders shall require adequate security for the faithful performance of the contract in a form approved by the city attorney. In addition to a faithful performance bond or other security, contractors who furnish both labor and material shall furnish a contractor's bond satisfactory to the city in an amount not less than 50 percent of the value of the contract. The director of finance may waive the requirement of a faithful performance bond when in his opinion such waiver will not be detrimental to the city.

• Performance Bonds Required (required) —

  4.08.140 - Bonds or security required when: All such contracts or purchase orders shall require adequate security for the faithful performance of the contract in a form approved by the city attorney. In addition to a faithful performance bond or other security, contractors who furnish both labor and material shall furnish a contractor's bond satisfactory to the city in an amount not less than 50 percent of the value of the contract. The director of finance may waive the requirement of a faithful performance bond when in his opinion such waiver will not be detrimental to the city.

• Contract
• Base Contract Duration: How many years will be included for the base contract? (required)
• Optional Renewals: How many one-year optional contract renewals will be included with the contract? (required)
• Award Method? (required) —

  General definitions and parameters of each approach.

  • Award to the Winner: This is a traditional public procurement where the winning bid or proposal is selected based on the Lowest, Responsive and Responsible Bidder when using a Competitive Bid process; or the Highest Scored Proposal when using the Competitive Selection process.
  • Split Award: A “Split-Award” is designed to specify and distinguish separate Groups of awards based on separate specifications or Scopes of Work. A vendor can respond to any combination of the Groups provided they are responsive and responsible. Each Group is evaluated and awarded independently. Effectively, there could be a separate winner for each Group.
  • Back Up Vendor (RFPs Only): This method is intended to contract with a back up vendor in the event the winner is unable to fulfill the contract.
• Please include the full name of the funding agency (not the program): (required) —

  For Example: "Homeland Security"

• Base Contract Duration: How many years will be included for the base contract? (required)
• Optional Renewals: How many one-year optional contract renewals will be included with the contract? (required)