FY27 CDBG Street Resurfacing and ADA Improvement Project

The City of Pasadena, California is soliciting bids for our FY27 CDBG Street Resurfacing and ADA Improvement Project. This project consists of resurfacing Fair Oaks Avenue from Washington Blvd to Mountain Street and Los Robles Avenue from Washington Blvd to Orange Grove Blvd. Additionally, the streets being resurfaced may receive the following improvements: removal and reconstruction of damaged concrete curb, gutter, sidewalk, curb ramps, driveway aprons, and cross gutters; adjustment of existing utility manholes; replacement of traffic signal loop detectors; installation of raised pavement markers, and miscellaneous appurtenant work.

This project is partially funded with federal funds from the Community Development Block Grant (CDBG) Program.

Background

The City of Pasadena maintains an extensive roadway network consisting of approximately 360 centerline miles. Preserving this infrastructure is essential to ensure safe, efficient, and reliable transportation for residents, businesses, and visitors. Pavement maintenance activities are designed to extend the life of existing streets, improve ride quality, and reduce long-term repair costs. These efforts include routine inspections, preventive treatments, and rehabilitation strategies that address surface deterioration and structural integrity, ensuring the roadway system remains in optimal condition.

Project Details

• Reference ID: 2026-IFB-CIV-0288
• Department: Public Works Department, Engineering
• Department Head: Greg de Vinck (Director)

Important Dates

• Questions Due: 2026-07-14T21:00:00.000Z

Evaluation Criteria

• SCOPE OF WORK —

  The work to be performed consists of the Contractor furnishing all materials, equipment, tools, labor, and incidentals necessary to complete the FY 2027 CDBG Street Resurfacing and ADA Improvement Project in accordance with the Contract Documents, including the plans, specifications, and all applicable standard and special provisions.

  The project includes, but is not limited to, resurfacing of the following street segments:

  • Los Robles Avenue from Washington Boulevard to Orange Grove Boulevard
  • Fair Oaks Avenue from Washington Boulevard to Mountain Street

  Work associated with these improvements may include removal and reconstruction of deteriorated concrete curb, gutter, sidewalk, curb ramps, driveway aprons, and cross gutters; adjustment of utility manholes and valve covers to grade; replacement of traffic signal loop detectors; installation of raised pavement markers; and other related and appurtenant work necessary to complete the project.

  All work shall be performed in accordance with the Contract Documents. Any work, materials, or incidentals not specifically described herein but required to complete the project and in compliance with the Standard Plans & Specifications, General Provisions, and Special Provisions, shall be included in the total contract bid price/proposal without additional compensation.

  The Contractor shall maintain safe and accessible pedestrian pathways at all times and shall ensure continuous vehicular access to adjacent properties to the maximum extent practicable. The Contractor shall furnish and implement all necessary traffic control measures, including approved signage, barriers, and flagging personnel, as required to maintain public safety and access to residences and businesses throughout the duration of construction.

  The City of Pasadena Standard Plan Drawings are incorporated into the Contract Documents by reference and are available at:
  https://www.cityofpasadena.net/public-works/engineering-and-construction/public-works-permitting/standard-plan-drawings/

• Insurance Requirements —

  Construction-Contracts-Horizontal-Projects.pdf

  https://www.cityofpasadena.net/finance/wp-content/uploads/sites/27/Construction-Contracts-Horizontal-Projects.pdf?v=1763513596265

• DISADVANTAGED BUSINESS ENTERPRISES (DBE) —

  The contractor, subrecipient, or subcontractor shall take necessary and reasonable steps to ensure that DBEs have opportunity to participate in the contract per Title 49, Code of Federal Regulations (CFR) 26. To ensure equal participation of DBEs provided in 49 CFR 26.5, the Agency shows a contract goal for DBEs. The prime contractor shall make work available to DBEs and select work parts consistent with available DBE subcontractors and suppliers.

   

  The prime contractor shall meet the DBE goal shown elsewhere in these special provisions or demonstrate that they made adequate good faith efforts to meet this goal.

   

  It is the prime contractor’s responsibility to verify that the DBE firm is certified as a DBE on the date of bid opening by using the California Unified Certification Program (CUCP) database and possesses the most specific available North American Industry Classification System (NAICS) codes and Work Code applicable to the type of work the firm will perform on the contract. Additionally, the prime contractor is responsible to document this verification by printing out the CUCP data for each DBE firm. A list of DBEs certified by the CUCP can be found at:

• FEDERAL-AID PROJECT NUMBER —

  FEDERAL-AID PROJECT NUMBER: FEDERAL-AID PROJECT NUMBER:

• Scope of Work —

  Refer to Scope of Work Section.

• 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. 

• 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

• Early Preparation for Submission —

  We value your participation in this solicitation and want to ensure you have every opportunity to present your response in the manner instructed in this solicitation.  It is important that you submit a complete response prior to 2:00 pm on Tuesday, July 21, 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.

• GENERAL INSTRUCTIONS —

  General Bid Requirements - To be considered, a Bidder must follow the format for bids in the Specifications. Any bid may be withdrawn before bid opening, but not for ninety (90) days after opening. Bids must be binding and firm.

  Bids shall be received electronically only through the City’s eProcurement Portal. Hard copy bids will NOT be accepted. A bid received after the time set shall not be considered. Bidders are required to submit all items listed in the BIDDER’S CHECKLIST including acknowledgement of all addendums.

• 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.

  Violations may also result in the imposition of penalties referred to in California Labor Code, § 1735. 

  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.

• OTHER ITEMS OR DETAILS NOT MENTIONED —

  Such other items or details not mentioned above that are required by the Standard Plans and Specifications, Project Plans and Specifications, these General Provisions and the Project Special Provisions, shall be performed, placed, constructed, or installed, and the total contract bid price submitted shall include the cost of all such incidentals even though they are not specifically mentioned in the preceding description of work or in the Bidder’s Proposal.

• Determination of Prevailing Wage Rates —

  The City has obtained from the Department of Industrial Relations (DIR) pursuant to the California Labor Code, determinations of the generally prevailing rates of per diem wages and the prevailing rate for holiday and overtime work in the locality in which the work is to be performed. Copies of these determinations, entitled PREVAILING WAGE SCALE, are maintained at the City’s offices, are available during the City’s normal business hours, and are also available on the internet at: Director's General Prevailing Wage Determinations.

  If there is a difference in the Pasadena Living Wage rate and the California prevailing wage rate for similar classifications of labor, the Contractor and subcontractors shall pay not less than the highest wage rate. The wage rate for any classification not listed, but which may be required to execute the work, shall be commensurate and in agreement with specified rates for similar or comparable classifications for those performing similar or comparable duties. Holidays shall be as defined in the collective bargaining agreement applicable to each particular craft, classification, or type of worker employed under the contract. Per diem wages include employer payments for health and welfare, pensions, vacation, travel time and subsistence pay, apprenticeship, or other training programs authorized by the California Labor Code, § 3093, and similar purposes when the term “per diem wages” is used herein. Holiday and overtime work, when permitted by law, must be paid for at the rate of at least one and one-half (1.5) times the above specified rate of per diem wages, unless otherwise specified. In accordance with California Labor Code, § 1773.2, the Contractor must post a schedule showing all applicable prevailing wage rates at appropriate and conspicuous locations on the job site where they can easily be seen by workers.

• 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

   

• Bid Opening —

  Bids will be received electronically via the City's eProcurement Portal no later than 2:00 pm on Tuesday, July 21, 2026 and will be opened at that time and date. A bid received after the time set for the bid opening shall not be considered. Bidders are required to submit their proposal/bid via the City's eProcurement Portal.

  
  Plans and Specifications are available at:

  • https://procurement.opengov.com/portal/pasadena
  • https://procurement.opengov.com/portal/pasadena/projects/263685
  •  
• SUBMITTING BIDS —

  Bids will be received electronically via the City's eProcurement Portal prior to 2:00 pm on Tuesday, July 21, 2026 and will be opened at that time and date. A bid received after the time set for the bid opening shall not be considered. Bidders are required to submit their proposal/bid via the City's eProcurement Portal. Bids will be electronically unseal and made available online (https://procurement.opengov.com/portal/pasadena) for this solicitation named "FY27 CDBG Street Resurfacing and ADA Improvement Project" Project ID: 2026-IFB-CIV-0288.

  
  Plans and Specifications are available at:

  • https://procurement.opengov.com/portal/pasadena
  • https://procurement.opengov.com/portal/pasadena/projects/263685
• 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
• Bid Rigging —

  The U.S. Department of Transportation (DOT) provides a toll-free hotline to report bid rigging activities. Use the hotline to report bid rigging, bidder collusion, and other fraudulent activities. The hotline number is (800) 424-9071. The service is available twenty-four (24) hours, seven (7) days a week and is confidential and anonymous. The hotline is part of the DOT's effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General.

• QUESTIONS AND ANSWERS —

  Questions must be submitted via the City's eProcurement Portal. Any questions submitted after 2:00 pm on Tuesday, July 14, 2026 will not be answered. During the bidding period, the City may find it necessary to issue addendum(a) to bid Specifications after those bid Specifications have been released. Only those parties that have registered with the City as a follower of a particular project will receive the addendum(a) for that project. The City is not responsible for notifications to those parties who do not directly register as a plan holder on the City’s database. It is the responsibility of all perspective Bidders to register on the City’s eProcurement Portal to ensure receipt of any addendum(a) prior to bid submittals. The City reserves the right to reject as nonresponsive any bid that fails to include the information required by any addendum(a) posted on the City’s website. The Bidder is required to acknowledge all addenda received in Bidder’s Proposal.

• Payment of Prevailing Wage Rates —
  1. Requirements - This project is subject to the provisions of California Labor Code, § 1720 et seq. and the requirements of Title 8 of California Code of Regulations, § 16000 et seq., which govern the payment of prevailing wage rates on public works projects. The Contractor and subcontractors, of any tier, shall be governed by and required to comply with these statutes and regulations in connection with the project. Pursuant to California Labor Code, § 1771, the Contractor and all subcontractors, of any tier, must pay not less than the prevailing wage rates to all workers employed in execution of the contract. Contractor and subcontractors must comply with applicable statutes and regulations, including, but not limited to California Labor Code, §§ 1771, 1775, 1777.5, 1813, and 1815.
  2. Payments to Employees - Contractor and all subcontractors, of any tier, must pay each worker on the project, unconditionally and not less often than once each week, the full amounts that are due and payable for the period covered by the particular payday in accordance with the prevailing wage scale determination, regardless of any contractual relationship which may be alleged to exist between the Contractor, subcontractor, and such laborers. Thus, an employer must establish a fixed workweek and an established payday. On each payday, each worker must receive all sums due at the end of the preceding workweek and must be provided with an itemized wage statement.
  3. - The City shall require that any class of laborers or mechanics, including apprentices and trainees, which are not listed in the General Wage Determinations and which are to be employed under this contract, shall be classified conformably to such wage determinations. In the event that the City does not concur with the Contractor’s proposed classification or reclassification of a particular class of laborers and mechanics (including apprentices and trainees) to be used, the question, accompanied by the recommendation of the City's Project Representative, shall be referred to the California State Director of the DIR for determination.
  4. Fringe Benefit Cash Equivalent - The City shall require, whenever the minimum wage rate prescribed for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly wage and the Contractor is obligated to pay a cash equivalent of such a fringe benefit, an hourly cash equivalent thereof must be established. In the event the interested parties cannot agree upon cash equivalent of the fringe benefit, the questions, accompanied by the recommendation of the City's Project Representative, shall be referred to the State Director of the DIR for determination.
• 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."

• 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.
• REGISTRATION AND QUALIFICATIONS OF CONTRACTORS —

  Before submitting bids, Contractors must be licensed in accordance with California Business and Professions Code, § 7000 et seq. The successful Bidder shall possess a California State Contractor's License, Class A at the time a contract for this work is awarded, and each Contractor shall insert his license number on the Bidder's Proposal. Regardless of tier and dollar value of the Work, all Specialty Contractor (Classification “C”) licensee must be listed on the Subcontractor Listing form submitted with the Bid.  
  
  In submitting this bid, the Bidder warrants that it has work experience comparable to that which is to be performed. Prior to award of a contract, the City may request of any Bidder, a statement setting forth their work experience of a nature comparable with that which is to be performed. Such statement shall describe the work performed over the period of three (3) years preceding the date of said statement, and shall give the owner, location, and contract price, together with the dates of beginning and completion of such work. This statement of experience shall be submitted with the bid. Failure to submit an adequate statement can result in rejection of the bid as nonresponsive. Refer to the "RELEVANT EXPERIENCE" section for additional information. 

• Pre Bid Meeting —

  See the Timeline in the "Introduction" (Introduction).  If there is a Mandatory pre-bid meeting, bidders are required to attend at the time, date, and location included in the Timeline of this solicitation. If there is a Non-Mandatory pre-bid meeting, bidders are not required to attend. 

  There is no pre-bid meeting for this project. 

  Release Project Date:	June 30, 2026
  Question Submission Deadline:	July 14, 2026, 2:00pm
  Bid Submission Deadline:	July 21, 2026, 2:00pm

• 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.
• Contract Award —

  The Contractor must be properly licensed as a contractor from contract award through contract acceptance (California Public Contract Code, § 10164).

• 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.

• 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.

• Penalty for Prevailing Wage Rate Underpayment —

  Pursuant to California Labor Code, § 1775, the Contractor must, as a penalty, forfeit $200 to the City for each calendar day or portion thereof, for each worker paid less than the prevailing wage rates as determined by the Director of the DIR for such work or craft in which such worker is employed for the work by the Contractor or by any subcontractor, of any tier, in connection with the work. The difference between the prevailing wage rate and the amount paid to each worker each calendar day, or portion thereof, for which each worker paid less than the prevailing wage rate, must be paid to each worker by the Contractor.

• Electronic Submission and Delivery Instructions —

  Parties interested in responding are required to submit electronically through the City of Pasadena's eProcurement Portal prior to 2:00 pm, Tuesday, July 21, 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.

• 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.

• SUBCONTRACTS —

  In addition to the information to be listed by the Bidder with the bid, and pursuant to Section 3-3, entitled Subcontractors, of the Standard Specifications for Public Works Construction (“GREENBOOK”), the Bidder shall provide for each subcontractor listed, a brief description of the work to be subcontracted (see form Subcontractor Listing in Attachments). After bids have been received, no substitution of subcontractors in place of those listed in the bid, or the addition of subcontractors for work in excess of one-half of one-percent (0.05%) of the total bid price, will be permitted without the written consent of the City Engineer. The sole grounds for said consent shall be the exceptions listed in Chapter 4 of the California Public Contract Code.
  
  Pursuant to California Labor Code, § 1021.5, the Contractor must not willingly and knowingly enter into any agreement with any person as an independent Contractor, to provide any services in connection with the work, where the services provided or to be provided requires that such person hold a valid contractor’s license issued pursuant to California Business and Professions Code, § 7000 et seq., and such person does not meet the burden of proof of his/her independent Contractor status pursuant to California Labor Code, § 2750.5. In the event that the Contractor shall employ any person in violation of the foregoing, the Contractor shall be subject to the civil penalties under California Labor Code, § 1021.5 and any other penalty provided by law. In addition to the penalties provided under California Labor Code, § 1021.5, the Contractor’s violation of this Paragraph or the provisions of California Labor Code, § 1021.5 shall be deemed an event of the Contractor’s default. The Contractor must require any subcontractor, of any tier, performing or providing any portion of the work to adhere to and comply with the foregoing provisions:
  
  Pursuant to the provisions of California Labor Code, § 1777.1, the Labor Commissioner’s Office of the California Department of Industrial Relations (DIR) publishes and distributes a list of contractors who are ineligible to perform work as a subcontractor on a public works project. This list of debarred contractors is available from the DIR website at:
  http://www.dir.ca.gov/dlse/debar.html
  
  The Contractor must not employ, hire, use, or subcontract with any of the listed debarred contractors.

• CALIFORNIA PUBLIC CONTRACT CODE, § 3300 —

  In accordance with the provisions of California Public Contract Code, § 3300, each Bidder must hold an active A at the time of bid submission, except as to joint venture Bidders, who shall be licensed as provided in California Business and Professions Code, §§ 7029.1 and 7028.15(c).
  Pursuant to the provisions of §§ 1770 to 1782 of the California Labor Code, the California Department of Industrial Relations has determined the general prevailing rate of wages in the county in which the work is to be done. A copy of the general prevailing rate of wages is on file with the City Engineer and is available for inspection and reference during regular business hours.

• Withholding —

  The City shall, upon its own action, or upon written request of an authorized representative of the DIR, withhold or cause to be withheld from the Contractor under this contract so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the City may, after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.

• 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.

• Certified Payroll Records and Basic Payroll Records —

  The Contractor and subcontractors, of any tier, must maintain Certified Payroll Records and “Basic Payroll Records”, defined as time cards, front and back copies of canceled checks, cash receipts, trust fund forms, daily logs, employee sign-in sheets, accounting ledgers, tax forms, and any other record maintained for the purposes of reporting payroll, during the course of the work and must preserve them for a period of three (3) years after completion of the project for all trades workers executing the work of the contract. Certified Payroll Records must be submitted at the times designated in Paragraph 6 below or upon request as described in Paragraph 7 below. The City reserves the right to require Contractor to routinely submit Basic Payroll Records at any time, and the records must be provided within ten (10) calendar days following the receipt of the request.

• Withdrawal of Proposal —

  Any Bidder or Proposer may withdraw their response via the City's eProcurement Portal prior to 2:00 pm on Tuesday, July 21, 2026.

• 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.

• § 4104 OF THE CALIFORNIA PUBLIC CONTRACT CODE —

  A Contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of § 4104 of the California Public Contract Code, or engage in the performance of this public works project unless currently registered and qualified to perform public work pursuant to California Labor Code, § 1725.5. It is not a violation of California Labor Code, § 1771.1 for an unregistered Contractor to submit a bid that is authorized by § 7029.1 of the California Business and Professions Code or by §§ 10164 or 20103.5 of the California Public Contract Code, provided the Contractor is registered to perform public work pursuant to § 1725.5 at the time the contract is awarded.

• Changed Conditions —
  1. 1. Differing Site Conditions
        1. During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before the site is disturbed and before the affected work is performed.
        2. Upon written notification, the engineer will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding anticipated profits, will be made and the contract modified in writing accordingly. The engineer will notify the contractor of the determination whether or not an adjustment of the contract is warranted.
        3. No contract adjustment which results in a benefit to the contractor will be allowed unless the contractor has provided the required written notice.
        4. No contract adjustment will be allowed under this clause for any effects caused on unchanged work. (This provision may be omitted by the Local Agency, at their option.)
     2. Suspensions of Work Ordered by the Engineer
        1. If the performance of all or any portion of the work is suspended or delayed by the engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the contractor believes that additional compensation and/or contract time is due as a result of such suspension or delay, the contractor shall submit to the engineer in writing a request for adjustment within seven (7) calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment.
        2. Upon receipt, the engineer will evaluate the contractor's request. If the engineer agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the engineer will make an adjustment (excluding profit) and modify the contract in writing accordingly. The contractor will be notified of the engineer's determination whether or not an adjustment of the contract is warranted.
        3. No contract adjustment will be allowed unless the contractor has submitted the request for adjustment within the time prescribed.
        4. No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this contract.
     3. Significant Changes in the Character of Work
        1. The engineer reserves the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project. Such changes in quantities and alterations shall not invalidate the contract nor release the surety, and the contractor agrees to perform the work as altered.
        2. If the alterations or changes in quantities significantly change the character of the work under the contract, whether such alterations or changes are in themselves significant changes to the character of the work or by affecting other work cause such other work to become significantly different in character, an adjustment, excluding anticipated profit, will be made to the contract. The basis for the adjustment shall be agreed upon prior to the performance of the work. If a basis cannot be agreed upon, then an adjustment will be made either for or against the contractor in such amount as the engineer may determine to be fair and equitable.
        3. If the alterations or changes in quantities do not significantly change the character of the work to be performed under the contract, the altered work will be paid for as provided elsewhere in the contract.
        4. The term “significant change” shall be construed to apply only to the following circumstances:

     • When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction; or

     • When a major item of work, as defined elsewhere in the contract, is increased in excess of one-hundred twenty-five percent (125%) or decreased below seventy-five percent (75%) of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of (125%) of original contract item quantity, or in case of a decrease below seventy-five percent (75%), to the actual amount of work performed.

• BIDDER MUST MAKE THOROUGH INVESTIGATION —

  It is the Bidder's responsibility to thoroughly examine: the location of the proposed work, the Plans and Specifications, and the Scope of Work to be performed to fully acquaint the Contractor with the project conditions. Bidders shall have no claim against the City based upon unawareness of the requirements of the project, misunderstanding of site conditions, or misinterpretation of the Plans, Specifications, or contract provisions.

• PRE-CONSTRUCTION MEETING —

  A pre-construction conference shall be conducted at a time and place to be determined by the City’s Project Manager prior to the start of construction. The job-site foreman or superintendent assigned by the Contractor for this project shall be present at the pre-construction meeting. The Contractor shall prepare a tentative project schedule for submission and review at the meeting. The discussion shall include: verification of equipment orders; project supervision; on-site inspection; progress schedules and reports; payments to Contractor; safety; and other anticipated problems pertinent to the project. The City of Pasadena will issue Notice to Proceed at the pre-construction meeting.

  At this conference, the Contractor shall designate, in writing, a representative who shall have complete authority to act on behalf of the Contractor. An alternate representative may be designated. The representative or alternate shall be present at the job site whenever work is in progress or whenever actions of the elements necessitate its presence to take measures necessary to protect the project, persons, or property. Any order or communication given to this representative shall be deemed delivered to the Contractor. In the absence of the Contractor or its designated representative, necessary or desirable directions or instructions may be given by the Project Manager to the superintendent or person having charge of the specific work to which the order applies. Such order shall be complied with promptly and referred to the Contractor or its representative. Those attending the meeting shall include, but not be limited to the following:

   

  • Contractor
  • All subcontractors
  • Contractor finance representative or certified payroll designee for Labor Compliance instructions
  • City of Pasadena Department of Public Works Staff
  • City of Pasadena Project Manager
  • City of Pasadena Project Inspector
  • City Consultant for Material Testing and Inspection
  • Design Engineer
  • Affected utility company representatives

   

  Two weeks prior to this meeting the Contractor shall submit the following:

  1. 1. Construction Schedule (10 working days prior)
     2. Construction Demolition Plan
     3. Traffic Control Plan (if required) - Prepared and Sealed by licensed Traffic Engineer
     4. Construction Phasing Plan
     5. Required Material Submittals
• Beginning of Work, Time of Completion, and Liquidated Damages —

  The Contractor shall begin work within fifteen (15) calendar days after the issuance of the Notice to Proceed.

  This work shall be diligently prosecuted to completion before the expiration of NO VALUE WORKING DAYS beginning on the fifteenth calendar day after the date shown on the Notice to Proceed.

  The Contractor shall pay to the City of Pasadena the sum of $1,000 per day, for each and every calendar days’ delay in finishing the work in excess of the number of working days prescribed above.

• DEPARTMENT OF INDUSTRIAL RELATION (DIR) COMPLIANCE —

  The Contractor must post job site notices prescribed by regulation in accordance with California Labor Code, § 1771.4.

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

  Contractors and subcontractors must furnish electronic certified payroll records directly to the California Labor Commissioner’s Office utilizing the Department of Industrial Relation’s electronic certified payroll reporting system.

• NOTIFICATION OF UTILITIES —

  The exact location and identification of all existing utilities shall be determined by the Contractor prior to the start of any work. The Contractor shall notify Underground Service Alert - South (U.S.A.) by calling 1-800-422-4133 two (2) working days in advance of the work for this project. Paint indications for underground utilities shall be limited to only those areas within the project limits. The Contractor shall remove any painted marks that remain after the construction is complete.

  The cost for locating and coordination with the utility companies to protect their facilities, in place as shown on plans and as specified in these provisions, shall be included in the related items of work and no additional time allowance or compensation shall be made thereof.

• Submittal of Certified Payroll Records —

  Pursuant to California Labor Code, § 1776, the Contractor and each subcontractor, of any tier, must maintain an accurate, weekly payroll record showing the employee’s full name, address, social security number, work classification, amount paid per hour, straight time, overtime, and holiday hours worked each day with weekly totals. The actual per diem wages paid to each person employed for the work, the gross and net wages paid, as well as the Contractor’s name and address, project name and location, and dates of payroll must also be maintained. If payments are made to any third-party trust, funds, or plans for health and welfare, pension, or vacation trusts, those payments must be stated on the Certified Payroll Record. The basic wage rate paid per hour plus the employer contributions for benefits, including training fund contributions, must at least equal the prevailing wage rate for that classification.
  
  The Contractor must maintain and submit its Certified Payroll Records and those of its subcontractors. The City reserves the right to require the Contractor to submit to the City each week, no later than seven (7) calendar days after the payday for the week covered, the Certified Payroll Records of Contractor and its subcontractors of every tier. If there is no work on a given week or on a given day, the Certified Payroll Record must indicate “no work” for that week or day(s). The Certified Payroll Records must account for each day of the week including Saturdays, Sundays, and holidays. Contractor and subcontractors of every tier must write “final” on the last submitted Certified Payroll Record for the Project.
  
  The Certified Payroll Records must be verified by a written declaration made by a person with authority to represent the reporting entity, under penalty of perjury, that the information contained in the payroll record is true and correct and that the reporting entity has complied with the requirements of California Labor Code, §§ 1771, 1811, and 1815 for any work performed by his, her or its employees on the project.
  
  The Contractor agrees that submission of Certified Payroll Records as well as all related or subsequent requests for supporting document made by City shall be a condition precedent to Contractor’s receipt of a progress, final, or retention payment. The City shall withhold any portion of the progress, final, or retention payment up to and including the entire payment until the Certified Payroll Records requirement is met by the Contractor or its subcontractor. If the Contractor or any subcontractor is determined to have failed to pay workers in compliance with the applicable prevailing wage sections of California Labor Code, the City shall continue to withhold progress, final, or retention payments until sufficient funds have been withheld for payment of wages to workers and all applicable penalties.

• 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 "FY27 CDBG Street Resurfacing and ADA Improvement Project." Project ID: 2026-IFB-CIV-0288. 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.

• ACCEPTANCE OF CONDITIONS —

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

  1. All parts of the Instructions to Bidders and Specifications will become part of the contract between the selected Bidder and the City;

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

  3. The City reserves the right to request further information from the Bidder, either in writing or orally, to establish any stated qualifications; and

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

• 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/

• Deadline for Questions —

  The deadline to submit questions related to this solicitation is Tuesday, July 14, 2026, prior to 2:00 pm.

  Questions regarding this solicitation should be submitted directly through the City's eProcurement Portal Q&A function. Do not contact any City employee or official regarding this solicitation. Any questions submitted after the date and time specified may not be considered.

• NOTIFICATION OF AFFECTED RESIDENTS/BUSINESSES —

  The Contractor shall be responsible for distribution of the Construction Notice as prepared by the Contractor to all affected residents and businesses. Notification shall be at least 1 week in advance. No work shall begin unless said notification has been made. A secondary notification in the form of a door hanger as prepared by the Contractor shall also be distributed by the Contractor at least 48 hours in advance. The failure of the Contractor to strictly comply with the notification requirements may result in the Engineer initiating a suspension of work without time extension until the problem is resolved. 

  The Contractor shall be responsible for an additional Driveway Closure Notice as prepared by the Contractor to all affected businesses and residents when programmed work will directly affect ingress/egress to their property for any given period. Said notice shall only be valid if there is a verbal confirmation from the property owner acknowledging and accepting the work to proceed. Notification shall be at least 1 week in advance. No demolition work is allowed until the additional notification has been distributed to the affected residents and businesses. In the event there is a disconnect in coordination for driveway accessibility, the Contractor shall be responsible for providing steel plates for immediate driveway accessibility, as required by businesses and residents. Costs associated with providing these steel plates shall be borne by the Contractor.  

  The Contractor shall be responsible for notifying the affected transit agencies at least one week in advance for any curb ramp construction affecting transit activities. 

  The Contractor shall submit all aforementioned notices, Construction Notice, Door Hanger, and Driveway Closure, to the City for approval of language and content prior to distribution. Said notices must also be provided in at least two languages, English and Spanish. 

  Contractor costs for copying and distribution of notifications shall be considered as included in the various bid items of work and no additional payment will be made therefor.

• Making Certified Payroll Records Available Upon Request —

  Pursuant to California Labor Code, § 1776, in addition to its obligation to deliver certified payroll records to the City on a weekly basis as set forth above, the Contractor must also make payroll records available for inspection at all reasonable hours at the principal office of the Contractor on the following basis:

• 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

• REFER TO PROJECT DOCUMENTS —

  Refer to the project plans, specifications, attachments, and references for complete details and bid requirements. The Project Documents and this notice shall be considered a part of any contract made pursuant thereto.

   

  Release Date: Tuesday, June 30, 2026

  Matthew E. Hawkesworth
  Interim City Manager

• CITY'S RESERVATION OF RIGHTS —

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

  1. 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;
  2. False, incomplete, or unresponsive statements in connection with the bid may be sufficient cause for rejection of a Bidder; and
  3. Any bid may be withdrawn before bid opening, but not for ninety (90) days after bid opening.
• 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.

• 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/263685

  1. Acknowledge all Addenda

  2. Accept City of Pasadena Terms and Conditions Message

  3. Answer all required vendor questions. 

  4. Upload all required forms. Proposer may save their work and return.

  5. Review your work and submit proposal when ready.

  6. You will receive a confirmation email from OpenGov upon receipt of your bid/proposal.

  7. Proposer may withdraw their bid at any time prior to 2:00 pm on Tuesday, July 21, 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.
   
• Forfeiture for Failure to Comply with Written Record Request Laws —

  The Contractor or subcontractor shall have ten (10) calendar days in which to comply, subsequent to receipt of written request regarding Certified Payroll Records or Basic Payroll Records. In the event the Contractor or a subcontractor fails to strictly comply after such ten-day period, the Contractor or subcontractor shall, as a penalty to the City, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is attained. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld from any portion of the contract price then or thereafter due the Contractor. A Contractor is not subject to a penalty assessment pursuant to this paragraph due to the failure of a subcontractor to comply with this section.

  1. Hours of Work
     1. Limits on Hours of Work - Pursuant to California Labor Code, § 1810, eight (8) hours of labor shall constitute a legal day’s work. Pursuant to California Labor Code, § 1811, the time of service of any worker employed at any time by the Contractor or by a subcontractor, of any tier, upon the work or upon any part of the work, is limited and restricted to eight (8) hours during any one calendar day and forty (40) hours during any one calendar week, except as hereafter provided. Notwithstanding the foregoing provisions, work performed by employees of the Contractor or any subcontractor, of any tier, in excess of eight (8) hours per day and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half (1.5) times the basic rate of pay.
     2. Penalty for Excess Hours - Pursuant to California Labor Code, §§ 1813 and 1815, the Contractor shall pay to the City a penalty of twenty-five dollars ($25) for each worker employed in the execution of the contract by the Contractor or any subcontractor, of any tier, for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any calendar day and forty (40) hours in any one calendar week, in violation of the provisions of California Labor Code, unless compensation to the worker so employed by the Contractor is not less than one and one-half (1.5) times the basic rate of pay for all hours worked in excess of eight (8) hours per day.
     3. Contractor Responsibility for Cost of Excess Hours - Any work performed by workers necessary to be performed after regular working hours or on Sundays or other holidays must be performed without adjustment to the contract price or any other additional expense to the City.
• Buy America —

  Buy America requirements apply to steel and iron, manufactured products, and construction materials permanently incorporated into the project.

   

  Steel and Iron Materials

  All steel and iron materials must be melted and manufactured in the United States except:

   

  1. Foreign pig iron and processed, pelletized, and reduced iron ore may be used in the domestic production of the steel and iron materials [60 Fed Reg 15478 (03/24/1995)];

   

  2. If the total combined cost of the materials produced outside the United States does not exceed the greater of one-tenth of a percent (0.1%) of the total contract amount or $2,500, materials produced outside the United States may be used if authorized.

   

  Furnish steel and iron materials to be incorporated into the work with certificates of compliance and certified mill test reports. Mill test reports must indicate where the steel and iron were melted and manufactured. All melting and manufacturing processes for these materials, including an application of a coating, must occur in the United States. Coating includes all processes that protect or enhance the value of the material to which the coating is applied.

  Manufactured Products

  Iron and steel used in precast concrete manufactured products must meet the requirements of the above section (Steel and Iron Materials) regardless of the amount used. Iron and steel used in other manufactured products must meet the requirements of the above section (Steel and Iron Materials) if the weight of steel and iron components constitute ninety percent (90%) or more of the total weight of the manufactured product.

   

  Construction Materials

  Buy America requirements apply to the following construction materials that are or consist primarily of:

  1. Non-ferrous metals

  2. Plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables)

  3. Glass (including optic glass)

  4. Lumber

  5. Drywall

   

  Where one or more of these construction materials have been combined by a manufacturer with other materials through a manufacturing process, Buy America requirements do not apply unless otherwise specified.

  Furnish construction materials to be incorporated into the work with certificates of compliance with each project delivery. Manufacturer’s certificate of compliance must identify where the construction material was manufactured and attest specifically to Buy America compliance.

  All manufacturing processes for these materials must occur in the United States.

  Buy America requirements do not apply to the following:

  1. Tools and construction equipment used in performing the work

  2. Temporary work that is not incorporated into the finished project

   

  Waivers

  If Buy America waivers are granted, use the following language to include in the contract:

  The following steel and iron products, manufactured products, or construction materials have received an approved Buy America waiver for this contract, and therefore, are not subject to Buy America requirements:

  1. ______________________________

  2. ______________________________

• TRAFFIC CONTROL REQUIREMENTS —

  All traffic control operations shall conform to the provisions of the latest edition of the California Manual of Uniform Traffic Control Devices (MUTCD), and the California Supplement to the MUTCD. It is the Contractor's responsibility to provide for public safety and traffic control. The City may review the Contractor’s operations and inform the Contractor if an unsafe or hazardous condition is observed. The Contractor must comply with directives for hazard abatement immediately or within the timeframe imposed by the City.

   

  In addition to the requirements of MUTCD, the Project Manager may require flatter traffic tapers, additional traffic control devices, barricading, and other signing in order to ensure driver awareness and safety in the construction area. Further, the Contractor shall provide Type-II barricades and delineators at locations as determined by the Project Manager.

   

  The following shall be adhered to for all required signage:

  • NO PARKING” signs, as provided by the City, will display the following information: "TOW AWAY" provision, cite and comply with the applicable Vehicle Code and Pasadena Municipal Code sections, and the Pasadena Police Department & Pasadena Parking Department phone number.
  • The signs shall indicate dates and time durations of the parking prohibition, specific to the location of work, printed clearly in a manner acceptable to the Project Manager.
  • “NO PARKING/TOW AWAY” signs must be posted at least forty-eight (48) hours in advance of the beginning of construction. “NO PARKING/TOW AWAY” signs may not be attached to street trees. “NO PARKING/TOW AWAY” signs may only be attached to street light standards or parking meters with plastic wrap, string, or plastic-coated wire. Tape and other materials that may damage the painted surface of the street light standards and parking meters are not allowed. Parking administration must be notified after signs have been posted twenty-four (24) hours in advance of the beginning of construction.
  • “NO PARKING/TOW AWAY” signs shall be removed by the Contractor within twenty-four (24) hours after the effective date. New signs shall be posted when changes occur in the parking prohibition indicated on the previously posted signs.

  All traffic lanes shall have a minimum width of ten feet (10’) unless otherwise approved. No traffic lanes shall be closer than five feet (5’) from the edge of an excavation, nor closer than two feet (2’) from curbs, barricades, or other obstructions.

   

  Public transportation stops shall be maintained unless otherwise approved by the Project Manager. The Contractor shall contact local transit agencies and coordinate transit route changes and/or stop relocation if transit access cannot be maintained. If the Contractor should fail to provide and install any of the signs or traffic control devices required by the Specifications, the Project Manager may cause such signs or traffic control devices to be placed by others and charge the costs therefor against the Contractor and deduct same from progress payments.

   

  Where traffic is being permitted to use an uncompleted section of roadway, the condition of said roadway section shall be subject at all times to the approval of the Project Manager. When said section is deemed by the Project Manager to be unsafe for traffic use, the Contractor may be required to close it to traffic or to take measures to eliminate any unsafe conditions.

   

  The Contractor shall maintain continuous access to school drop-off sites, all residential developments, and businesses within the project limits. Any closed access or drive approaches shall be immediately restored when the construction operation that necessitated such closure is completed. 

   

  The Contractor shall provide safe and adequate pedestrian access at all times. Vehicular movement at and around all construction sites shall be provided and maintained at all times. Approved barriers and signs (traffic flagging personnel, if necessary), shall be furnished and utilized by the Contactor to ensure safety and public access to businesses at all times.

   

  All traffic lanes shall be kept open between the hours of 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. per the Traffic Lane Closure Map available at:

  https://www.cityofpasadena.net/public-works/wp-content/uploads/sites/29/Traffic-Control-Lane-Closure-Map.pdf?v=1684217363998

   

  The Contractor shall maintain emergency access to all residences and businesses at all times.

   

  Payment for traffic control shall be considered as included in the various bid items and no additional payment will be made therefor.

• UNINTERRUPTED PROGRESS OF WORK —

  Work shall be prosecuted diligently and in a manner that ensures continuous and orderly progress toward completion within the time specified in the Contract. The Contractor shall coordinate labor, materials, equipment, subcontractors, utilities, and all related activities as necessary to avoid unnecessary delays, disruptions, or interruptions to the Work.

  Once construction operations have commenced, the Contractor shall not suspend, delay, or reduce progress of the Work without prior authorization from the City, except as otherwise permitted under the Contract Documents. The Contractor shall at all times provide sufficient staffing, supervision, equipment, and resources necessary to maintain satisfactory progress and achieve timely completion of the Project.

• Responsibility for Subcontractors’ Payment of Prevailing Wages —

  Pursuant to California Labor Code, § 1774, the Contractor is responsible for ensuring that all subcontractors, of any tier, comply with requirements for payment of prevailing wages. The Contractor is responsible for violations of California Labor Code by subcontractors, of any tier. The agreement executed between the Contractor and each subcontractor must contain a copy of the provisions of California Labor Code, §§ 1771, 1775, 1777.5, 1813, and 1815, at a minimum. The Contractor must monitor each subcontractor’s payment of prevailing wage rates. Upon becoming aware of the failure of any subcontractor, of any tier, to pay its workers the specified prevailing wage, the Contractor must diligently take action to halt and rectify the failure, including, without limitation, retaining sufficient funds due to the subcontractor to cover the underpayment. Before making final payment to any subcontractor, the Contractor must obtain an affidavit from the subcontractor, signed under penalty of perjury, which states that the subcontractor has paid the specified, determined prevailing wage rate to its employees for the project, as well as any amounts due pursuant to California Labor Code, § 1813. The Contractor must provide copies of such affidavits to the City stating that it has paid the specified, determined prevailing wage rate to its employees for the project, as well as any amounts due under California Labor Code, § 1813.

• 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.

• Quality Assurance —

  The Local Agency uses a Quality Assurance Program (QAP) to ensure a material is produced to comply with the contract. The Local Agency may examine the records and reports of tests the prime contractor performs if they are available at the job site. Schedule work to allow time for QAP.

• ADDENDA —

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

  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 FY27 CDBG Street Resurfacing and ADA Improvement Project in order to be included in the "Followers" list in the City's eProcurement system to insure they receive all documents including addendums which are available as a download.

  The Bidder is responsible to register at: https://procurement.opengov.com/portal/pasadena to ensure they receive all bid documents, including addenda, which are available as a download. The Bidder is required to acknowledge all addenda received in Bidder’s Proposal.

• ACCEPTANCE OF CONDITIONS AND CITY RESERVATION OF RIGHTS —

  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.
• Statement of Employer Payments —

  Within five (5) calendar days of signing the contract or subcontract, as applicable, the Statement of Employer Payments, DIR/DLSE Form PW 26, must be completed and submitted to the City by each Contractor and subcontractor who pays benefits to a third-party trust, plan, or fund for health and welfare benefits, vacation funds, or to make pension contributions. The form must contain, for each worker classification, the fund or trust name, address, administrator’s name, the amount per hour contributed, and the frequency of contributions. Training fund contributions must also be reported on this form. In February and August of each year during the project, the Contractor and subcontractors, of any tier, must verify changes in wage rates for any trade classifications used on the project. Thereafter, the Contractor and its subcontractors must submit a new Statement of Employer Payments to the City which reflects any changes in wages and benefits.

• PASADENA BUSINESS - LOCAL BUSINESS PREFERENCE —

  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.

• 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 “GREENBOOK”, order more or less work or material as necessary, at the City's sole discretion. Payment will be made for the amount of work or material actually provided as determined by the City and accepted at the unit or lump sum price stated in the Bidder’s Proposal, where applicable, in accordance with the Specifications.

• Prompt Payment from the Agency to the Contractors —

  The Agency shall make any progress payment within thirty (30) days after receipt of an undisputed and properly submitted payment request from a contractor on a construction contract. If the Agency fails to pay promptly, the Agency shall pay interest to the contractor, which accrues at the rate of ten percent (10%) per annum on the principal amount of a money judgment remaining unsatisfied. Upon receipt of a payment request, the Agency shall act in accordance with both of the following:

  1. Each payment request shall be reviewed by the Agency as soon as practicable after receipt for the purpose of determining that it is a proper payment request.

  2. Any payment request determined not to be a proper payment request suitable for payment shall be returned to the contractor as soon as practicable, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall be accompanied by a document setting forth in writing the reasons why the payment request is not proper.

• 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

• AS-BUILT SUBMITTALS —

  The plans, specifications, and other contract documents shall govern the project. The contract documents are intended to be complementary and cooperative and to describe and provide for a complete project. Anything in the Specifications and not on the plans, or on the plans and not in the Specifications, shall be as though shown or mentioned in both.

  While it is believed that much of the project will be shown on the plans or indicated in the specifications, this does not warrant the completeness or accuracy of such information. The Contractor shall ascertain the existence of any conditions affecting the cost of the project, which would have been disclosed by a reasonable examination of the site.

  On the plans, the Contractor shall make all as-built conditions, locations, configurations, and other details which may vary from the details represented on the original drawings. This master record of as-built conditions, including all revisions made necessary by Addenda, Change Orders, and the like, shall be maintained up to date during the progress of the work.

  Upon completion of the work and prior to final acceptance, legible, reproducible, as-built drawings shall be turned over to the Agency. Final payment shall be withheld until as-built drawings are submitted and accepted by the Project Manager. Payment for as-built tracking and final plan submittal shall be considered as included in the various bid items and no additional payment will be made therefor.

• Apprentices —
  1. Apprenticeship Committee Contract Award Information - Pursuant to California Labor Code, § 1777.5 and California Code of Regulations, Title 8, § 230, the Contractor and subcontractors, of any tier, who are not already approved to train by an apprenticeship program sponsor must, within ten (10) calendar days of signing the contract or subcontract, as applicable, but in any event prior to the first day in which the Contractor or subcontractor has workers employed on the project, submit contract award information. This information may be a Public Works Contract Award Information form, DIR/DAS Form 140. The contract award information must be provided to the appropriate local apprenticeship committees whose geographic area of operation include the area of the project and can supply apprentices to the project. The Contractor and subcontractors must also submit a copy of the form to the City which must include, in addition to other information, an estimate of journeymen hours to be performed under the contract or subcontract, the number of apprentices to be employed, and the approximate dates the apprentices will be employed. Failure to provide contract award information, which is known by the Contractor or subcontractor, shall be deemed to be a continuing violation for the duration of the contract.
  2. Employment of Apprentices - California Labor Code, § 1777.5 and California Code of Regulations, Title 8, § 200 et seq., provide detailed requirements for employing apprentices on public works. The responsibility of complying with § 1777.5 and the regulations lies exclusively with the Contractor. When the Contractor of subcontractor employs workers in any Apprenticeable Craft or Trade, the Contractor and subcontractor must employ apprentices in at least the ratio set forth in California Labor Code, § 1777.5.
     
     Every apprentice employed to perform any of the work must be paid the prevailing rate of per diem wages for apprentices in the trade to which such apprentice is registered, and such individuals must be employed only for the work of the craft or trade to which such individual is registered.
     
     Only apprentices, as defined in California Labor Code, § 3077, who are in training under apprenticeship standards and written apprenticeship agreements under California Labor Code, § 3070 et seq., are eligible to be employed for the work. The employment and training of each apprentice shall be in accordance with either of the following:
     1. The apprenticeship standards and apprentice agreements under which such apprentice is training; or
     2. The rules and regulations of the California Apprenticeship Council, including regulation § 230.1 (c), which requires that apprentices employed on public projects can only be assigned to perform work of the craft or trade to which the apprentice is registered and that the apprentices must at all times work with or under the direct supervision of journeyman/men.
  3. Apprenticeship Certificate and Request for Dispatch of Apprentices
     1. When the Contractor or any subcontractor, of any tier, in performing any of the work employs workers in any Apprenticeable Craft or Trade, the Contractor and such subcontractor may apply to the Joint Apprenticeship Committee administering the apprenticeship standards of the craft or trade in the area of the site of the work for a certificate approving the Contractor or such subcontractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected, provided, however, that the approval as established by the Joint Apprenticeship Committee or Committees shall be subject to the approval of the Administrator of Apprenticeship. The Joint Apprenticeship Committee or Committees, subsequent to approving the Contractor or subcontractor, shall arrange for the dispatch of apprentices to the Contractor or such subcontractor in order to comply with California Labor Code, § 1777.5. There shall be an affirmative duty upon the Joint Apprenticeship Committee or Committees, administering the apprenticeship standards of the crafts or trades in the area of the site of the work, to ensure equal employment and affirmative action and apprenticeship for women and minorities. Contractors or subcontractors shall not be required to submit individual applications for approval to local Joint Apprenticeship Committees provided they are already covered by the local apprenticeship standards.
     2. ii. Contractors who are not already approved to train apprentices must request dispatch of required apprentices from one of the applicable Apprentices Committees whose geographic area of operation includes the site of the project by giving the committee actual notice of at least forty-eight (48) hours (excluding Saturdays, Sundays, and holidays) before the date on which one or more apprentices are required. Contractors and subcontractors may use DIR/DAS Form 142 to make the request for apprentices. However, if a non-signatory contractor declines to abide by and comply with the terms of a local committee’s standards, the Apprenticeship Committee shall not be required to dispatch apprentices to such contractor. Conversely, if in response to a written request, an Apprenticeship Committee does not dispatch any apprentice to a contractor who has agreed to employ and train apprentices in accordance with either the Apprenticeship Committee’s Standards or the California Apprenticeship Counsel Regulations, Title 8, § 230 et seq., within seventy-two (72) hours of such request (excluding Saturdays, Sundays, and holidays) the contractor shall not be considered in violation of § 230.1 as a result of failure to employ apprentices for the remainder of the project, provided the contractor has made the request in enough time to meet the required ratio. If an Apprenticeship Committee dispatches fewer apprentices than the Contractor or subcontractor requested, the Contractor or subcontractor shall be considered in compliance if the contractor employs those apprentices who are dispatched, provided that, where there is more than one Apprenticeship Committee able and willing to unconditionally dispatch apprentices, a Contractor or subcontractor who is not a participant in an apprenticeship program has requested dispatch from at least two committees.
  4. Ratio of Apprentices to Journeymen
     1. The ratio of work performed by apprentices to journeymen, who shall be employed in the work, may be the ratio stipulated in the apprenticeship standards under which the Joint Apprenticeship Committee operates, but in no case shall the ratio be less than one hour of apprentice work for every five (5) hours of labor performed by a journeyman, except as otherwise provided in California Labor Code, § 1777.5. The ratio of apprentice work to journeyman work shall apply during any day or portion of a day when any journeyman is employed at the site of the work and shall be computed on the basis of the hours worked during the day by journeymen so employed. Any work performed by a journeyman in excess of eight (8) hours per day or forty (40) hours per week shall not be used to calculate the ratio. The Contractor must employ apprentices for the number of hours computed as above before the end of the contract or subcontract, as applicable. The Contractor must, however, endeavor, to the greatest extent possible, to employ apprentices during the same time period as that of the journeymen in the same craft or trade are employed at the site of the work. Where an hourly apprenticeship ratio is not feasible for a particular craft or trade, the Division of Apprenticeship Standards, upon application of a Joint Apprenticeship Committee, may order a minimum ratio of not less than one apprentice for each five (5) journeymen in a craft or trade classification.
     2. The Contractor or any subcontractor covered by this Paragraph and California Labor Code. § 1777.5, that has agreed to be covered by an Apprenticeship Program’s standards, upon the issuance of the approval certificate, or that has been previously approved in such craft or trade, must employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards, but in no event less than the one-to-five hourly ratio. Upon proper showing by the Contractor that it employs apprentices in such craft or trade in the State of California on all of its contracts on an annual average of not less than one apprentice to each five (5) journeymen, the Division of Apprenticeship Standards may grant a certificate exempting the Contractor from the one-to-five hourly ratio as set forth in this Paragraph and California Labor Code, § 1777.5.
  5. Exemption - The requirement to employ apprentices shall not apply to contracts of general contractors, or to contracts of specialty contractors not bidding for work through a general or prime contractor, involving less than thirty-thousand dollars ($30,000) or twenty (20) Working Days. The term “Apprenticeable Craft or Trade”, as used herein shall mean a craft or trade determined as an Apprenticeable occupation in accordance with rules and regulations prescribed by the Apprenticeship Council.
  6. Contributions to Trust Funds - The Contractor or any subcontractor, of any tier, who performs any of the work by employment of journeymen or apprentices in any Apprenticeable Craft or Trade shall contribute to the California Apprenticeship Council in the same amount that the Director of the DIR determines is the prevailing amount of apprenticeship training contributions in the area of the project. The Contractor or any subcontractor, of any tier, may take as a credit for payments to the Council any amounts paid by the Contractor or subcontractor to an approved apprenticeship program that can supply apprentices to the project. Contractors who do not contribute to an apprenticeship program must submit their contributions to the California Apprenticeship Council. Training Fund contributions are due and payable on the 15th day of the month for work performed during the preceding month. Training contributions to the California Apprenticeship Council shall be paid by check and be accompanied by a Completed Training Fund Contribution Form CAC-2. Contractors who contribute to an apprenticeship program are entitled to a full credit in the amount of those contributions. The Division of Labor Standards Enforcement of the DIR is authorized to enforce the payment of such contributions to such fund(s) as set forth in California Labor Code, § 227. Such contributions shall not result in an increase in the contract price.
  7. Contractor’s Compliance - The responsibility of compliance with this Paragraph for all Apprenticeable Trades or Crafts is solely and exclusively that of the Contractor. All decisions of the Joint Apprenticeship Committee(s) under this Paragraph are subject to the provisions of California Labor Code, § 3081. In the event the Contractor willfully fails to comply with the provisions of this Paragraph and California Labor Code, § 1777.5, pursuant to California Labor Code, § 1777.7, the Contractor shall:
     1. Be denied the right to bid on any public works contract for a period of one (1) year from the date the determination of noncompliance is made by the Administrator of Apprenticeship; and
     2. Forfeit, as a civil penalty, one-hundred dollars ($100) for each calendar day of noncompliance. Notwithstanding the provisions of California Labor Code, § 1727, upon receipt of such determination, the City shall withhold such amount from the contract price then due or to become due. Any such determination shall be issued after a full investigation, a fair and impartial hearing, and reasonable notice thereof in accordance with reasonable rules and procedures prescribed by the California Apprenticeship Council. Any funds withheld by the City pursuant to this Paragraph shall be deposited in the General Fund or other similar fund of the City. The interpretation and enforcement of California Labor Code, §§ 1777.5 and 1777.7 shall be in accordance with the rules and procedures of the California Apprenticeship Council.
• ERRORS AND OMISSIONS —

  Each bidder shall carefully examine all Contract Documents, including the plans, specifications, and all addenda, and shall satisfy itself as to the conditions to be encountered and the character, quality, and quantities of work to be performed. The submission of a bid shall be conclusive evidence that the bidder has made such examination and is satisfied with the conditions affecting the Work.

  Bid prices shall include the cost of all items of work reasonably inferable from the Contract Documents. No allowance will be made, and no increase in compensation will be granted, for any errors or omissions in the bid.

  Bidders shall not take advantage of any ambiguity, discrepancy, or omission in the Contract Documents. Any such ambiguity, discrepancy, or omission shall be promptly reported to the City in writing prior to bid submission for clarification. Failure to do so shall not relieve the bidder of responsibility for properly estimating the cost of performing the Work.

• PROTECTION OF THE PUBLIC —

  The Contractor shall take all necessary precautions to protect the public from injury, danger, damage, loss of life, loss of property, or interruption of public services arising out of or related to the performance of the Work.

  Suspended loads or equipment shall not be moved nor positioned over public traffic or pedestrians.

  The Contractor shall take immediate action to protect the public, utilities, adjacent structures, and property from unsafe conditions arising from the Work. Whenever, in the opinion of the Project Manager, the Contractor has failed to provide sufficient protection or safety measures, the Project Manager may direct the Contractor to remedy the condition.

  If the Contractor fails to take corrective action within the time specified by the Project Manager, or if an emergency condition exists requiring immediate action, the Project Manager may cause such work to be performed and such materials to be furnished as deemed necessary to protect the public, utilities, adjacent structures, or property.

  All costs incurred by the City in performing emergency protective work, including labor, equipment, materials, and repairs, shall be borne by the Contractor and may be deducted from monies due or to become due to the Contractor. The City’s election not to undertake emergency corrective measures shall not relieve the Contractor of responsibility for public safety or protection of property.

  Full compensation for protection and safety of the public shall be considered as included in the various items of work and no additional compensation shall therefore be allowed.

• Form FHWA-1273 Required Contract Provisions Federal-Aid Contracts —

  -

• PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS —

  The Contractor shall protect all existing public and private improvements, facilities, utilities, landscaping, irrigation systems, structures, pavements, driveways, walkways, fences, walls, retaining walls, and other property within or adjacent to the Work area from damage, disturbance, or displacement resulting from the Contractor’s operations.

  Where existing improvements must be removed, altered, or temporarily disturbed to facilitate construction access or performance of the Work, such improvements shall be restored or replaced by the Contractor, at the Contractor’s sole expense, to a condition equal to or better than that existing prior to construction, as determined by the City Engineer. Restoration shall be performed in kind using materials, finishes, and workmanship matching the existing improvement unless otherwise approved by the City Engineer.

  All private driveway improvements shall be restored to existing conditions and replaced in kind. No additional compensation shall be provided for high early strength concrete, accelerated construction materials, temporary access measures, or other means and methods necessary to maintain access or complete restoration work.

  All costs associated with the protection, removal, repair, replacement, and restoration of existing improvements shall be considered incidental to the Contract and no additional compensation or extension of Contract Time shall be provided therefor unless otherwise expressly authorized by the City in writing.

• Female and Minority Goals —

  To comply with Section II, "Nondiscrimination," of "Required Contract Provisions Federal-Aid Construction Contracts," the following are for female and minority utilization goals for Federal-aid construction contracts and subcontracts that exceed $10,000:

   

  The nationwide goal for female utilization is 6.9 percent.

   

  The goals for minority utilization (45 Fed Reg 65984 (10/3/1980)) are as follows:

• DIR Registration Program —

  A Contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of California Public Contract Code, § 4104, or engage in the performance of this public works project unless currently registered and qualified to perform public work pursuant to California Labor Code, § 1725.5. It is not a violation of California Labor Code, § 1771.1 for an unregistered Contractor to submit a bid that is authorized by § 7029.1 of California Business and Professions Code or by §§ 10164 or 20103.5 of California Public Contract Code, provided the Contractor is registered to perform public work pursuant to § 1725.5 at the time the contract is awarded. This project is subject to compliance monitoring and enforcement by the DIR. Contractors and subcontractors must furnish electronic certified payroll records directly to the California Office of the Labor Commissioner at the DIR, utilizing the DIR’s electronic certified payroll reporting system. The Contractor must post job site notices prescribed by regulation (See e.g., California Labor Code, § 1771.4)

• 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.

• AWARD OF BID AND DETERMINATION OF RESPONSIVENESS —

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

  1. The quality of the material offered;
  2. The ability, capacity, and skill of the Bidder to perform the contract or provide the material or services;
  3. Whether the Bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference;
  4. The sufficiency of the Bidder’s financial resources and the effect thereof on their ability to perform the contract or provide the material or services;
  5. The character, integrity, reputation, judgment, experience, and efficiency of the Bidder;
  6. The quality and timeliness of the Bidder’s performance on previous purchase orders or contracts for the City;
  7. Litigation by the Bidder on previous purchase orders or contracts with the City; and
  8. The ability of the Bidder to provide future maintenance and service where such maintenance and service is essential.
• 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.

   

• COMPLIANCE WITH LAWS, REGULATIONS, AND SAFE PRACTICES —

  The Contractor shall perform all Work in a safe and competent manner and in compliance with all applicable federal, state, and local laws, ordinances, regulations, orders, standards, applicable safety and environmental requirements, Clean Air Act, and Clean Water Act.

  The Contractor shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work and for the safety of all persons, property, utilities, and improvements within or adjacent to the Work site. Such responsibility shall apply continuously and shall not be limited to normal working hours. The Contractor shall provide and maintain all necessary safeguards, warning devices, barriers, protective equipment, and other protective measures required to prevent injury, damage, or loss.

  The Contractor acknowledges that the City’s or Project Manager’s review, observation, inspection, or direction relating to the Work is not intended to supersede or limit the Contractor’s sole responsibility for jobsite safety, construction means and methods, or compliance with applicable laws and safety requirements.

  Full compensation for compliance with safety requirements and applicable laws shall be considered as included in the various items of Work, and no additional compensation shall be allowed therefor. 

• NOTICE REGARDING DISCLOSURE OF CONTENTS OF DOCUMENT —

  All bids accepted by the City 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 are 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.

• INELIGIBILITY TO CONTRACT —

  Pursuant to Part 7 of the California Labor Code, entitled Public Works and Public Agencies, any Contractor that has been found by the California State Labor Commissioner’s Office of the DIR to be in violation of California Labor Code, §§ 1771.1 and 1777.5, shall be ineligible to bid on, or be awarded, a contract for this project. The period of debarment shall be not less than one year and up to three (3) years as determined pursuant to California Labor Code, § 1777.1. In submitting its bid, the Bidder certifies that it is aware of these provisions and is eligible to bid on this contract.

  The successful Bidder shall also be prohibited from performing work on this project with a subcontractor who is ineligible to perform work on a public works project pursuant to California Labor Code, §§ 1771.1 or 1777.1. In submitting its bid, the Bidder certifies that it has investigated the eligibility of each and every subcontractor it intends to use on this project and has determined that no subcontractor listed is ineligible to perform work pursuant to the above provisions of law.

• TIME OF COMPLETION —

  Time is of the essence in the performance of the work. 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 40 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 Engineer prior to start of construction.

• LIQUIDATED DAMAGES —

  In accordance with Section 6-9 of the Standard Specifications, for each consecutive calendar day required to complete the work in excess of the time specified herein for its completion, as adjusted in accordance with Section 6-6 of the Standard Specifications, the Contractor shall pay to the City, or have withheld from monies due it, the sum of $1,000 per calendar day.

  For additional information on other applicable monetary damages, the Contractor must also review the Special Provisions included in the Attachments section of this solicitation. These provisions specify varying liquidated damage amounts based on the specific scope of work or bid item. Please note that the assessment of liquidated damages does not relieve the Contractor of liability or responsibility for any harm, injury, or loss resulting from the failure to provide adequate protection.

• TAXES, FEES, AND ROYALTIES —

  Bid prices shall include all costs necessary to complete the Work, including but not limited to all applicable federal, state, and local taxes, duties, permits, fees, royalties, and charges for any patented article, process, or intellectual property furnished or used in the performance of the Work. No additional compensation will be allowed for such costs. The Contractor shall pay all such costs and shall defend, indemnify, and hold harmless the City, its officers, agents, and employees from and against any and all claims, damages, losses, liabilities, and expenses, including attorney’s fees, arising out of or related to any alleged or actual infringement of any patent, trademark, or copyright in connection with the performance of the Work.

• WORKER'S COMPENSATION CERTIFICATION —

  Pursuant to California Labor Code sections 1860, 1861, and 3700 , the Contractor shall secure, pay for, and maintain in full force and effect, for the duration of the Contract, workers' compensation insurance as required by law. 

  By submitting a bid, the Contractor hereby certifies the following: 

  "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provision of that code, and I will comply with such provisions before commencing the performance of the Work of this Contract."

• TAXES —

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

• BID PROTEST PROCEDURES —

  Prior to award, any Bidder who has submitted a bid may file a protest with the Department of Public Works against the awarding of the contract on the grounds that he or she is the lowest responsible Bidder meeting the Specifications. When a contract is not to be awarded to the lowest Bidder, the Bidder must be notified at least twenty-four (24) hours prior to awarding the contract. The right to protest a proposed award is afforded to any Bidder or proposer who claims it should have been awarded the agreement because it was the lowest responsible and responsive Bidder, or the highest-scored proposer meeting the Specifications.
  Please refer to the Protest Procedures section of: https://ww5.cityofpasadena.net/finance/doing-business-with-the-city/ for detailed instructions on how to file a protest.

• SECURITY DEPOSITS IN LIEU OF RETENTION —

  Pursuant to California Public Contract Code section 22300, the Contractor may substitute eligible securities for retention withheld by the City to ensure performance under the Contract. At the Contractor’s request and expense, securities equivalent to the retained amount shall be deposited with the City or with a California state or federally chartered bank acting as escrow agent, and the City shall then release the retained funds to the Contractor. Upon satisfactory completion of the Contract, the securities and any earned interest shall be returned to the Contractor. 

  Alternatively, at the Contractor’s request and expense, the City shall pay retained funds directly to the escrow agent for investment in eligible securities. The Contractor shall remain the beneficial owner of all substituted securities and shall receive all interest earned thereon. The Contractor shall pay each subcontractor its proportional share of earned interest, net of applicable costs, within twenty (20) days of receipt.

  Eligible securities shall include those authorized by California Government Code section 16430, certificates of deposit, interest-bearing deposit accounts, standby letters of credit, or other securities mutually agreed upon by the City and Contractor.

  Any escrow agreement entered into pursuant to this section shall comply substantially with the form set forth in California Public Contract Code section 22300(f).

• 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.

• 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

• TERMINATION OF CONTRACT —

  Section 6-8, entitled "Termination of the Contract for Convenience", of the GREENBOOK is hereby supplemented to provide that the City may terminate the Contract, in whole or in part, at any time, with or without cause, upon fifteen (15) calendar days' written notice to the Contractor. In the event of such termination for reasons other than the Contractor's failure to perform, the City shall pay the Contractor for services satisfactorily performed and accepted prior to the effective date of termination. Such payment shall constitute the Contractor's sole and exclusive remedy in the event of termination for convenience. 

• STORAGE OF MATERIALS AND EQUIPMENT —

  Materials and equipment shall be stored in a manner that does not create a public nuisance and ensures the preservation of their quality and fitness for incorporation into the Work.

  Any equipment staging location different from the originally approved location shall require prior approval of the Project Manager before commencement of related operations.

  Full compensation for storage, staging, protection, and handling of materials and equipment shall be considered as included in the various items of Work and no additional compensation shall be allowed therefor.

• 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.

• PEDESTRIAN ACCESS REQUIREMENTS —

  The Contractor shall ensure that all work areas are maintained in a clean, safe, and accessible condition for pedestrians at all times.

  Pedestrian access, including access to curb ramps, sidewalks, and pedestrian pathways, shall be maintained throughout the duration of the Work. Pedestrian access routes, sidewalks, and curb ramps shall not be closed over weekends unless expressly approved in writing by the Project Manager. The Contractor shall plan and sequence the Work accordingly to avoid interruption of pedestrian accessibility.

  Full compensation for maintaining pedestrian access and accessibility requirements shall be considered as included in the various items of Work, and no additional compensation shall be allowed therefor.

• 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.
• 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 any portion of the bid that is subject to Pasadena local 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 Chapter 4.40 of the Pasadena Municipal Code (PMC), Sales and Use Tax.

• STANDARD SPECIFICATIONS AND SUPPLEMENTS —

  Standard Specifications – Except as otherwise provided in the Contract Documents, administration of the Contract and performance of all Work shall conform to the current edition of the Standard Specifications for Public Works Construction (commonly referred to as the “GREENBOOK”), including all applicable supplements, prepared and promulgated by Public Works Standards, Inc.

  The Department of Public Works has also published supplements and modifications to the GREENBOOK, dated March 2023, hereinafter referred to as the Pasadena Recurring Supplements 2023. The provisions of the Contract Documents, Pasadena Recurring Supplements 2023, and the GREENBOOK shall apply in that order of precedence. References to the “Standard Specifications” shall mean the GREENBOOK together with the Pasadena Recurring Supplements 2023.

  Bidders are directed to the General Provisions for additional requirements applicable to the Work and to the Special Provisions for project-specific requirements, modifications, and supplementary provisions governing this Project.

  The Pasadena Recurring Supplements may be accessed at:https://www.cityofpasadena.net/public-works/wp-content/uploads/sites/29/Pasadena-Recurring-Supplements-2023.pdf?v=1684796778799 

• CONSTRUCTION AND DEMOLITION WASTE MANAGEMENT PLAN —

  In addition to complying with all applicable federal, state, and local laws and regulations, the Contractor shall take note of the specific requirements of Chapter 8.62 of the PMC, Waste Management Plan for Certain Construction and Demolition Projects. The Contractor shall comply with all provisions of the Chapter, as a material part of the work under this contract in order to divert a minimum of seventy-five percent (75%) of the construction and demolition debris resulting from the work.

  The City utilizes the Green Halo System for tracking the construction and demolition waste management process. Upon requesting a construction or demolition permit, the Contractor will be directed to the Green Halo website to continue the Waste Management Application process. Once your permit application is submitted, you will receive separate email notifications directly from Green Halo to activate your account. A case will be created to monitor the construction and demolition recycling activities of your project. 
  The Contractor shall not commence work until the Green Halo application is complete and payment has been made for the Performance Security Deposit equal to three-percent (3%) of the project value, not to exceed thirty-thousand dollars ($30,000).
  
  The cost to comply with the City’s Construction and Demolition Waste Management Plan 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 of the provisions of Chapter 8.62 of the PMC may result in forfeiture of the Performance Security Deposit.

• PREVAILING WAGE RATE PROJECT —

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

  Refer to City Requirements of this NIB for additional information regarding Pasadena Living Wage and Pasadena Minimum Wage.

  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.

  Prevailing wage rates are available on the Department of Industrial Relations website: http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm 

• 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.

• WORKPLACE PROFESSIONALISM —

  The Contractor shall ensure that its employees, subcontractors, agents, and representatives conduct themselves in a professional, safe, competent, and cooperative manner at all times while performing the Work.

  If any subcontractor, employee, agent, or representative of the Contractor appears to the Project Manager to be incompetent, unsafe, disorderly, uncooperative, or otherwise objectionable, the Project Manager may direct the Contractor to immediately remove such person from the Project site. Such individual shall not thereafter be reemployed on the Work without prior written approval of the Project Manager.

  If such individual possesses an ownership interest in the contracting entity, the Project Manager may issue written notice to the Contractor and the surety in accordance with Section 6-7, “Termination of the Contract for Default,” of the Standard Specifications, demanding full compliance with the Contract.

• 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.

  ---

• 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.

• RELEVANT EXPERIENCE —

  Provide experience with governmental agencies for two projects/contracts of similar scope and size. Such statement shall describe the work performed over the period of three (3) years preceding the date of said statement.

  Bidders shall provide complete and detailed information in the Relevant Experience Form sufficient to clearly demonstrate successful completion of projects of similar size, scope, and complexity to the work specified. Project descriptions must, at a minimum, identify the key elements of work performed, major project components, and the Bidder’s specific role and responsibilities. Failure to provide adequate detail to substantiate comparable experience shall be grounds for deeming the bid non-responsive. The City will make the sole determination as to whether the information provided satisfies the experience requirements 

• PATENT FEES, PATENT, COPYRIGHT, TRADE SECRET, AND TRADEMARK FEES —

  Each bidder shall include in its bid price all patent fees, royalties, and other charges for any patented article or process furnished or used in the performance of the Work. The Contractor shall defend, indemnify, and hold harmless the City, its officers, agents, and employees from and against any and all claims, damages, losses, and expenses arising out of or related to any alleged or actual infringement of any patent, trademark, or copyright in connection with the performance of the Work.

• REQUIRED FORMS —

  REQUIRED FORMS-FAILURE TO COMPLETE THEM MAY BE GROUNDS, AT THE SOLE DISCRETION OF THE CITY, FOR REJECTION OF ANY BIDDER.

  No contract shall be awarded until the Bidder has submitted a Declaration of Noncollusion acceptable to the City. Each Bidder must execute a Declaration of Noncollusion and submit it to the City with their bid. 
  
  Each Bidder must also submit a completed form AA-1 and AA-2. Forms AA-1 and AA-2 are required to be submitted prior to contract award for projects involving labor or services in excess of twenty-five thousand dollars ($25,000). Form AA-3 is optional.
  
  Questions regarding the City’s Competitive Bidding and Purchasing provisions, Chapter 4.08 of the PMC, and Equal Employment Opportunity policy should be directed to the Department of Finance, Purchasing Division at 626-744-6755.

• CONSTRUCTION MORATORIUM - PUBLIC RIGHT OF WAY —

  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. Proposers should reflect any costs of such shutdown in the various items of the 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 "Holiday Moratorium Map" showing the appropriate shutdown period for all locations in the City is available at: https://www.cityofpasadena.net/public-works/engineering-and-construction/public-works-permitting/

• TRADE NAMES AND/OR EQUAL SUBSITUTION OF EQUIVALENT MATERIALS —

  A. The materials, products and equipment described in the Bidding Documents establish a standard of required function, dimension, appearance and quality to be met by any proposed substitution. Whenever any particular material, process or equipment is indicated in the Contract Documents by patent, proprietary or brand name, or by name of manufacturer, such wording is used for the purpose of facilitating its description and shall be deemed to be followed by the words “or equal” unless the Invitation to Bid sets forth a finding in accordance with Public Contract Code Section 3400 that substitutions are not permitted for such particular material, product, thing or service.

  B. Bidders wishing to obtain authorization for an "Or Equal Substitution" of an equivalent material, product or equipment, shall submit all requests for "Or Equal Substitution" using the Substitution/Value Engineering Request Form, together with data substantiating Bidder’s representation that the non-specified item is of equal quality to the item specified at least ten (10) calendar days prior to the Bid Submission Deadline date unless modified by Addendum. 

  C. Authorization of an "Or Equal Substitution" of equivalent materials is solely within the discretion of the Owner and, if given, shall be made by Addendum issued through the Owner. Bids shall not be based on any "Or Equal Substitution" request that has not been authorized in writing by Owner. In the absence of a written Addendum authorizing the "Or Equal Substitution" request, the request shall be deemed denied. If an "Or Equal Substitution" request is not authorized by the Owner prior to the Bid Deadline, the Contractor receiving award of the Contract shall furnish and install the specified item.

  D. Bidders shall refer to the appropriate provisions in the Project Documents for additional information regarding substitutions. In the absence of a written Addendum approving the request, a request for substitution shall be deemed denied.

• EXECUTION OF AGREEMENT —

  A sample Agreement is included in the solicitation for review by prospective bidders. The successful bidder shall be required to execute the Agreement, and submit all required bonds, insurance documents, endorsements, and other required forms and certifications, within the time specified in the Notice of Award. By submitting a bid, the bidder acknowledges that it has reviewed and agrees to be bound by the terms and conditions of the Agreement and all Contract Documents.

• BIDDER'S GUARANTEE/BID SECURITY —

  Electronic bid bond is required.

  Each bid shall be accompanied by bid security in an amount equal to five percent (5%) of the total bid price in the form of a redeemable or callable electronic surety bond acceptable to the City. Bidders shall provide all information necessary for the City to verify the electronic bond at the time of bid submission. 

  Within fifteen (15) calendar days following issuance of the Notice of Award, the successful bidder shall execute the Agreement and submit all required bonds, insurance documents, endorsements, certifications, and other required Contract documents, including the Construction and Demolition Waste Management Plan. Failure or neglect to do so may result in forfeiture of the bid security to the City, and the City may retain the proceeds thereof as liquidated damages. Under no circumstances, shall it be returned to the defaulting Bidder.

• CONFLICT OF INTEREST STATEMENT —

  A Bidder shall either: (1) disclose all conflicts of interest and propose a plan to mitigate the conflicts to successfully perform work for the City; or (2) certify that the Bidder is unaware of any facts or circumstances which would give rise to a conflict of interest in performing work under this solicitation. A disclosure will not automatically disqualify the Bidder from being awarded a contract.

  Failure to disclose - If, in the City’s sole discretion, a conflict is discovered after award or execution of a contract, the City may cancel the contract. In the event the Bidder was aware of a conflict of interest prior to the award of the contract and did not disclose the conflict to the City, the City, in its sole discretion, may terminate the contract for default whether the conflict can be mitigated or not. 

  Bidders must complete and submit the following Form: Conflict of Interest Statement

• PUBLIC CONTRACT CODE DISCLOSURES —

  Bidders shall complete, execute, and submit the Public Contract Code Disclosure form included in the solicitation with their bid. The disclosures include certifications and questionnaires required pursuant to California Public Contract Code sections 10162, 10232, and 10285.1 regarding bidder eligibility, prior disqualifications, labor compliance, and public contracting violations. Failure to properly complete and submit the required disclosures with the bid may render the bid non-responsive.

Submission Requirements

• Acknowledgements
• Bid Confirmation (required) —

  Bidder agrees to enter into a contract at the unit and/or lump sum prices set forth in the Pricing Table. Bidder understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture of the bid security accompanying this proposal.

   

  The prices bid on the line items include any and all charges required under the California Retail Sales Tax Act of 1933, as amended, and/or the Use Tax Act of 1935 of said State

   

• Form Confirmation (required) —

  PLEASE SEE REQUIRED FORMS IN THIS SECTION. FAILURE TO SUBMIT ALL REQUIRED ITEMS WILL RENDER THE CONTRACTOR’S BID AS NONRESPONSIVE.

  Bidder shall execute the following:

  1. Identity Confirmation

  2. Equal Opportunity Employment, Non-Segregation, Workforce Utilization (Forms AA-1, AA-2 & AA-3)

  3. Declaration of Noncollusion

  4. Subcontractor Listing/Shoring Design

  5. Relevant Experience

  6. Conflict of Interest

  7. Public Contract Code Disclosure

  8. Questionnaire

• Confirmation of work duration (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 40 after contract time commences.

• Bidder confirmation (required) —

  The Bidder declares that neither he/she nor any member of their firm or corporation is an officer or an employee of the City of Pasadena.

• Green Book Quantity Adjustment by 25% Does Not Apply (required) —

  The twenty-five percent (25%) quantity change limitation per Section 3-2 of the Standard Specifications does not apply to this item. For these items, there shall be no quantity limitation. Payment for these items will be based on the unit prices stated in this Bidder’s Proposal. The undersigned 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 40 working days for the base bid items after contract time commences. The undersigned Bidder acknowledges receipt of the addenda issued for the above project.

• Forms —

  Required Forms

• 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.

• Company Identity (required) —

  Please download the below documents, complete, and upload.

• AA1; AA2; AA3; (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)
• Non Collusion Declaration (required) —

  Please download the below documents, complete, and upload.

• Subcontractor Listing (required) —

  Please download the below documents, complete, and upload.

• Relevant Experience Form (required) —

  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.

• Conflict of Interest Statement (required) —

  Please download the below documents, complete, and upload.

• Public Contract Code Disclosure (required) —

  Please download the below documents, complete, and upload.

• QUESTIONNAIRE (required) —

  The Bidder shall complete under penalty of perjury, the following question:

  Has the Bidder, any officer of the Bidder, or any employee of the Bidder who has a proprietary interest in the Bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of a law or a safety regulation?

  If the answer is yes, explain the circumstances in the follow up question.

• QUESTIONNAIRE (FOLLOW UP QUESTION) (required) —

  If you answered yes to prior question, please provide your explanation here:

  If you answered no, reply with: Not Applicable

• Substitution Request/Value Engineering —

  Please download the below documents, complete, and submit through the Q&A section for review by the City. Authorization of an Or Equal Substitution of equivalent materials is solely within the discretion of the Owner and, if given, shall be made by Addendum issued through the Owner. 

  In the absence of a written Addendum approving the request, a request for substitution shall be deemed denied.

• Qualifications
• Copy of all required License(s) or Certification(s) (required) —

  Please upload a copy of the Required License(s) shown below:

  A

• California State Licensing Board Number (required) —

  Solely for the purpose of verification. Please enter your CSLB License Number here. This will be verified against the state database.

• California Department of Industrial Relations (DIR) Verification of the Prime (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.

• DIR Registrations (required) —

  Please upload a copy of all required DIR registrations.

   

  The City reserves the right to require additional documentation from the Bidder to demonstrate that each listed contractor or subcontractor is currently registered with the California Department of Industrial Relations (DIR) pursuant to Labor Code Section 1725.5. Such documentation may include, but is not limited to, DIR registration verification printouts or other evidence deemed acceptable by the City.

• Contractor Information (required) —

  Please provide your California Corporation No

• 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 ID and your Vendor ID from Surety2000 for this Solicitation (Project ID: 2026-IFB-CIV-0288).

  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

• 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.

• 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.

• What is the Engineer's Estimate? (required) —

  Include a dollar value, for example "$1,250,000"

• 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.

• How is this Procurement Funded? (required) —

  Select a funding source

• Confirm requirements from the Grantor are Satisfied (required)
• Award Amount (required)
• Federal-Aid Project No. (required) —

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

• Liquidated Damages Amount (in Dollars) (required) —

  Please provide the dollar value per day. For example please enter "$1,000" with the dollar sign ($).

• License Requirement (required) —

  Please indicate the required licenses or licenses to be eligible to bid. Please properly use AND or OR when necessary.

• Is experience required to be eligible to compete on this solicitation? (required)
• Date Approved by City Engineer —

  Please include the date this specification was approved by the City Engineer. For example, "January 2, 2023"

• Advise that Green Book Quantity Adjustment by 25% Does Not Apply (required)