Glenarm Battery Energy Storage System Construction

Pasadena Water and Power ("PWP"), a department of the City of Pasadena ("City"), is inviting bids for the construction of a 25 Megawatt ("MW") utility-scale lithium iron phosphate Battery Energy Storage System (“BESS”) with a minimum storage capability of four (4) hours to be constructed at PWP's Glenarm Power Plant location. Construction of the BESS Project must adhere to all applicable local, state, and federal regulations and protocols.

This contract covers construction-only services, as the complete design and engineering documents have already been finalized and are included in this bid package. The selected contractor will be responsible for construction, equipment installation, wiring, termination and testing of their scope of work to deliver a fully operational BESS facility compliant within the contract.

Background

Project Details

• Reference ID: 2026-IFB-LM-0000
• Department: Water & Power Department, Power Supply
• Department Head: David Reyes (Acting Director)

Important Dates

• Questions Due: 2026-04-30T21:00:58.131Z
• Pre-Proposal Meeting: 2026-04-07T16:00:10.022Z — 85 E State St, Pasadena, CA 91105, Glenarm Power Plant B-1 Control Room

Addenda

• Addendum #1 (released 2026-03-24T22:16:53.250Z) —

  Please use the See What Changed link to view all the changes made by this addendum.

• Official Notice #1: Sign In sheet (released 2026-04-16T21:09:04.183Z)
• Addendum #2 (released 2026-04-06T23:15:38.004Z) —

  Please use the See What Changed link to view all the changes made by this addendum.

Evaluation Criteria

• 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. 

• BID PROPOSAL QUANTITIES —

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

• PREVAILING WAGE RATE PROJECT —

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

  In responding to this request, all professional firms or contractors agree to comply with prevailing wage requirements, the Department of Industrial Relations, as further described below:

  Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates, that Contractor and all subcontractors must be registered and pay the registration fee with the Department of Industrial Relations (DIR), Contractor shall be subject to compliance monitoring and enforcement by the DIR, and the performance of other requirements on “Public Works” and “Maintenance” projects. If the services are being performed as part of an applicable “Public Works” or “Maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws.

• 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 Thursday, May 14, 2026 through this eProcurement portal.  We strongly advise against waiting to within the last three days of the submittal deadline to begin working on your response. Starting early on your response increases time to:

  • Thoroughly review all requirements and the entire solicitation document.
  • Gather, organize, and complete the necessary documents for submittal.
  • Address any unforeseen technical issues that may arise during the preparation or submittal of your response.

  Delaying your response may result in errors, or can cause you to miss the submission deadline.  Either of which can negatively impact your submittal or cause your submittal to not be accepted.

• Federal Emergency Management Agency (FEMA) —

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

• Pre Submittal Meeting —

  See the "Timeline" in the Introduction section (#Instructions to Bidders). If there is a Mandatory pre-proposal meeting, bidders/proposers are required to attend at the time, date, and location included in the Timeline. If there is a Non-Mandatory pre-proposal meeting, bidders/proposers are not required to attend.

  Each bidder/proposer will have the opportunity to clarify and ask questions regarding the Specifications. The Pre-Proposal Meeting will be held at the time, date, and location in the Timeline of this solicitation.

• Summary —

  Pasadena Water and Power ("PWP"), a department of the City of Pasadena ("City"), is inviting bids for the construction of a 25 Megawatt ("MW") utility-scale lithium iron phosphate Battery Energy Storage System (“BESS”) with a minimum storage capability of four (4) hours to be constructed at PWP's Glenarm Power Plant location. Construction of the BESS Project must adhere to all applicable local, state, and federal regulations and protocols.

  This contract covers construction-only services, as the complete design and engineering documents have already been finalized and are included in this bid package. The selected contractor will be responsible for construction, equipment installation, wiring, termination and testing of their scope of work to deliver a fully operational BESS facility compliant within the contract.

  Contractors must demonstrate experience with Lithium-Ion Utility Scale Containerized Battery Projects or similar electrical infrastructure projects and be capable of delivering the project in compliance with all applicable codes, safety standards, and permitting conditions. Contractor shall be fully responsible for the construction execution, field coordination, local testing within the scope of this bid and completion of all work as defined in this specification and IFC documentation. 
• 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

• CONSTRUCTION AND DEMOLITION WASTE MANAGEMENT ORDINANCE —

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

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

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

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

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

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

  Instructions

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

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

  • Project name

  • Contract Number

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

  For additional information visit the Construction and Demolition Debris Recycling webpage

  www.cityofpasadena.net/public-works/engineering-and-construction/construction-and-demolition-debris-recycling/

• Insurance Requirements —

  SEE ATTACHED INSURANCE REQUIREMENTS

• Data Ownership —

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

• Specifications —

  Service Requirements

  The selected vendor shall provide professional services to ensure a successful construction and installation of the Battery Energy Storage System ("BESS"). The specification will be attached as Attachment " Glenarm BESS Specification".

  Proposal Submission

  Interested vendors shall submit a detailed technical proposal that includes the following information:

  1. Vendor profile and experience in implementing Nutanix infrastructure solutions
  2. Technical approach and methodology for the project
  3. References from at least three previous clients who have implemented similar projects

  The City reserves the right to request further information or demonstrations from shortlisted vendors before making a final selection.

  Note: The timeline will be finalized in agreement with the selected vendor.

• 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

   

• Vendor Must Make Thorough Investigation —

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

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

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

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

   

• Equal Employment Opportunity —

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

• Contract Award Requirements —

  Licensing and Certifications

  1. State of California License Classification A, General Engineering Contractor and/or C-10, Electrical Contractor, in accordance with the provisions of Division 3 Chapter 9 of the Business and Professions Code of the State of California.
  2. Contractor, or their subcontractor, shall hold appropriate specialty licenses for the work being performed.
  3. All electrical construction activities shall be performed by Contractor or subcontractor holding a valid California C-10 Electrical Contractor license.
  4. The lead onsite technical representative of the electrical testing firm shall hold a current certification in electrical power testing, such as NETA Level III or higher, NICET Level III or higher, or approved equal.

  Safety & Compliance

  1. Total Recordable Incident Rate (TRIR) < 3.0 (3-year average).
  2. Experience Modification Rate (EMR) < 1.0.
  
  

   
• Bidder's Guarantee —

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

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

  Bid Bond Instruction:

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

  If a vendor ID has not been assigned, vendor can use their company EIN in the Contractor Vendor ID field in Surety2000.com.

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

• Equal Employment Opportunity in Contracting —

  Policy - The City of Pasadena is committed to a policy of Equal Employment:

  • Contracting. Contractors expressly agree to comply with the City’s ordinances and regulations regarding Equal Opportunity Employment as well as regulations that may be mandated by the source of the funds supporting this contract.

  Compliance – To the extent permitted by law, Contractor expressly agrees to establish compliance with the Equal Employment Opportunity Practices Provisions of Chapter 4.08 of the Pasadena Municipal Code, and the Rules and Regulations adopted pursuant to said ordinance.

  The successful bidder or proposer may be required to submit documentation during the term of the contract to evidence on going compliance with the City’s Equal Opportunity Practices Provisions. Such documentation may include, but not be limited to certified payroll records and Current Permanent Workforce Utilization reports.

  Required Forms – Each bidder or proposer must submit a completed Form AA-1. Failure to submit this form will result in automatic disqualification with no exceptions unless bidder or proposer has an approved Form on file with the City.

  Questions regarding Chapter 4.08 of the Pasadena Municipal Code and regulations adopted pursuant thereto should be directed to the Department of Finance, Purchasing Division 626.744.6755.

• Construction During the Period of November 15 through January 3 —

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

• Data Sovereignty —

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

• Delivery Instructions —

  Bids will be received via the City's eProcurement Portal (https://procurement.opengov.com/portal/pasadena). A bid received after the time set for the bid opening shall not be considered. Bidders are required to submit (upload) all items listed in the Submittals/Checklist. Bids will be received prior to 2:00 pm on Thursday, May 14, 2026 and will be opened online at that time.

  Copies of the Specifications and all required forms may be obtained for this solicitation online: https://procurement.opengov.com/portal/pasadena/projects/217174

  Addenda shall be acknowledged via the City's eProcurement Portal. Refer to the Specifications for complete details and bidding requirements. The Specification and this Notice shall be considered a part of any contract made pursuant thereunder.

• 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
• 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.

• Data Security —

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

• Compliance with the Davis-Bacon Act —

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

• OpenGov Technical Support —

  Technical support for an eProcurement system plays a vital role in ensuring smooth operations.  You can call or email technical support using the information below.

  • Phone: (650) 336-7167
  • Email: support@support.opengov.com
  • Issue Log: https://opengov.my.site.com/support/s/contactsupport/incident
  • Live Chat: Click on the circle blue icon at the bottom right of the screen.
• Acceptance of Conditions —

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

  1. All parts of the Instructions to bidders/proposers and the Specifications or Scope will become part of the Contract between the selected vendor and the City;
  2. The City may require whatever evidence is deemed necessary relative to the bidders/proposers financial stability and ability to complete this project;
  3. The City reserves the right to request further information from the bidders/proposers, either in writing or orally, to establish any stated qualifications;
  4. The City reserves the right to solely judge the bidder's/proposer's representations, and to solely determine whether the bidder is qualified to undertake the project pursuant to the criteria set forth herein. The bidder/proposer, by submitting a bid, expressly acknowledges and agrees that the judgment of the City as to whether or not the bidder/proposer is qualified to perform the project, shall be final, binding and conclusive;
  5. The City reserves the right to reject all bids, waive any irregularity in any of the bids, or cancel or delay the project at any time;
  6. This bidding process does not commit the City to award any contract, and the City is not liable for any costs incurred by the bidder/proposer in the preparation and submission of a bid.
• Pre-bid Conference —

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

  Each prospective bidder will have the opportunity to clarify and ask questions regarding these Specifications. The Pre-bid Meeting will be held at the time, date, and location in the Timeline of this solicitation.

• EVALUATION OF BID —

  Bids will be evaluated based on the lowest Grand Total Price submitted in the Bidders' Proposal. The contract award will be made from among responsive and responsible bidders. In case of a discrepancy between the unit prices and item total, the unit price shall govern. In the event of a discrepancy between the item totals and the grand total price the item totals shall prevail. The prices will be subject to adjustment by the City on that basis in the event of discrepancy and bid awarded.

• 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."

• Active SAM Registration —

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

• Internet Access —
  1. The City cannot guarantee that equipment involved in Solicitation Submission will be available to provide information or receive transmittals. It is your responsibility to ensure that you have current information and that your Submission is received as instructed in this solicitation complete and prior to the deadline. The City is not responsible for the confidentiality of information transmitted over the Internet.
  2. It is the Respondent's responsibility to review your status in our eProcurement system and update your contact information and notification preferences accordingly.
  3. The City does not recommend waiting until the last two days to start preparing or submitting your response.
• Compelled Data Disclosure —

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

• 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.

• Split Award —

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

  • GROUP ONE:
  • GROUP TWO:
• Bid Shall Remain Open —
  Bidder agrees that their bid shall remain open and shall not be withdrawn for a period of not less than one hundred and eighty (180) calendar days from the date of opening bids, or until rejected by the City, whichever occurs first.
• NPDES Requirements —

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

  The following shall be implemented:

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

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

• Copeland "Anti-Kickback" Act —

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

• Required Licenses (Eligibility Requirement) —

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

  California Class A General Engineering Contractor License

• Truth and Accuracy of Representation —

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

• 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.

• PRICE ADJUSTMENTS —

   

  At the conclusion of the first contract year and prior to the commencement of the second contract year or any subsequent contract extension period, the contractor may request unit price increases. Under no circumstances shall the City accept price increases, which exceed the rate of the then current Consumer Price Index (C.P.I.) for the latest available preceding 12 month period.

• 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, Thursday, May 14, 2026. Please upload all required documents as instructed in the section named Submittals/Checklist sufficiently early electronically through the city's eProcurement Portal before the time and day listed in this solicitation. Responses must be received in the system prior to the deadline.

  The Specification or Scope of Work included in this Notice shall be considered part of any contract made pursuant thereunder.

• 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.

• Data Storage —

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

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

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

• Data Deletion —

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

• Local Preferences —

  The City of Pasadena is committed to promoting the economic health and well being of its residents. To this end, contractor agrees to recruit Pasadena residents initially and to give them preference, if all other factors are equal, for any new positions that result from the performance of this contract and which are performed within the City.

• Withdrawal of Proposal —

  Any Bidder or Proposer may withdraw their response via the City's eProcurement Portal prior to 2:00 pm on Thursday, May 14, 2026.

• Electronic Bid bond —

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

  Bid Bond Instruction:

  Bidders must provide all required information for the City to verify the bond with their bid. The bond must meet the following requirements and characteristics: Bid security in the amount of five percent (5%) of the total bid price in the form of a redeemable or callable electronic surety bond, meeting City requirements, must accompany all bids. If the Bidder to whom the contract is awarded shall for fifteen (15) calendar days after such award fail or neglect to enter into the contract with the required insurance documentation, submit the Construction & Demolition Waste Management Plan, and file the required bonds, the City may deposit in its treasury said bid security and, under no circumstances, shall it be returned to the defaulting Bidder. Failure to return signed contract with all the attachments stated above may result in having the project awarded to the next lowest bidder.

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

• Contract Work Hours and Safety Standards Act —

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

• City Changes to the Solicitation Documents —

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

  Addenda shall be acknowledged via the City's eProcurement Portal.

• Deadline for Questions —

  The deadline to submit questions related to this solicitation is Thursday, April 30, 2026, prior to 2:00 pm.

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

• 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 "Glenarm Battery Energy Storage System Construction." Project ID: 2026-IFB-LM-0000. Bidders or Proposers can view a list of addenda released by the City by clicking on "Addenda & Notices." While drafting a response, there is a section for "Addenda Confirmation" where Bidders or Proposers must acknowledge each addenda released.

• Artificial Intelligence (AI) Usage Disclosure —

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

• STANDARD SPECIFICATIONS —

  In connection with contracts related to the subject “Bidder’s Proposal,” and except as otherwise provided below, all work shall be done in accordance with the provisions of the 2018 edition of “STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION” (commonly known as the “GREENBOOK”), Including Supplements, prepared and promulgated by Public Works Standards, Inc., a mutual benefit corporation. The Pasadena Department of Public Works has published a booklet titled, “SUPPLEMENTS AND MODIFICATIONS TO THE ‘GREENBOOK’ (STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION)” dated September 2006, hereinafter referred to as the Pasadena Supplements. The provisions of these Specifications and the Pasadena Supplements shall apply and take precedence over the Greenbook, in that order of precedence. The Pasadena Supplements and the “Greenbook” are available online at: https://www.cityofpasadena.net/public-works/wp-content/uploads/sites/29/Pasadena-Recurring-Supplements-2023.pdf?v=1684796778799.  All references in these Specifications to “Standard Specifications” shall mean the Pasadena Supplements and the Greenbook, taken together.

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

  The regulation at 29 C.F.R. § 5.5(b) provides contract clause language concerning compliance with the Contract Work Hours and Safety Standards Act. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section. (3) Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal agency or the loan or grant recipient) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section.

• Deadline for Questions —

  The deadline to submit questions related to this solicitation is Thursday, April 30, 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.

• Prohibition on Use of City Data for AI Training —

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

• Award of Bid and Determination of Responsiveness —

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

  • The quality of the material offered;
  • The ability, capacity and skill of the bidder to perform the contract or provide the material or services;
  • Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference;
  • The sufficiency of the bidder's financial resources and the effect thereof on his ability to perform the contract or provide the material or services;
  • The character, integrity, reputation, judgment, experience and efficiency of the bidder;
  • The quality and timeliness of the bidder's performance on previous orders or contracts for the City;
  • Litigation by the bidder on previous orders or contracts with the City;
  • The ability of the bidder to provide future maintenance and service where such maintenance and service is essential;
• Notice Regarding Disclosure of Contents of Document —

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

• Release Date —

  Release Dated: Monday, March 16, 2026

  MIGUEL MÁRQUEZ
  City Manager

• PAYMENT —

  Section 9-3 of the “STANDARD SPECIFICATION FOR PUBLIC WORKS CONSTRUCTION” is hereby replaced with the following: Payments will be made in accordance with section 01 29 73 of Attachment A - Glenarm BESS Specifications.

• Clean Air Act —

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

• 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/

• AI Feature Transparency and Choice —

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

• CONTRACT BONDS —

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

• 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/217174

  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 Thursday, May 14, 2026.

   

  Note: If an addenda is issued after a response has been submitted, Proposer or bidder must return to take steps below. Failure to do both steps will result in an invalidated offer.

  1- Acknowledge the new addenda; and

  2- Resubmit your bid through the City's eProcurement Portal.

   

  Do Not upload a Zip File: Unzip Your Files
  Note: If your files are [zipped or] in a zip folder, you may need to unzip the files before uploading.  The following instructions may be helpful to do so.
  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.
   
• Federal Water Pollution Control Act —

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

• PRICE ADJUSTMENTS —

  At the conclusion of the first contract year and prior to the commencement of the second contract year or any subsequent contract extension period, the contractor may request unit price increases. Under no circumstances shall the City accept price increases, which exceed the rate of the then current Consumer Price Index (C.P.I.) for the latest available preceding 12 month period.

• 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.

• Errors and Omissions —

  Bidders shall not be allowed to take advantage of any errors or omissions in the Instructions to Bidders or Specifications. Full instructions will be given if such error or omission is discovered and timely called to the attention of the City.

• Debarment and Suspension Certification —

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

• Local Preference (Continued) —

  The City of Pasadena is committed to promoting the economic health and well-being of its residents. To this end, Contractor agrees to recruit Pasadena residents initially and to give them preference, if all other factors are equal, for any new positions which result from the performance of this Contract and which are performed within the City. The Contractor will be required to make good-faith effort to hire Pasadena residents for all new hires, including subcontractor new hires. A good-faith effort will include requests to unions or community organizations designated by City to provide a list of qualified Pasadena residents. If qualified candidates available, Contractor will conduct interviews with assistance of City and union/community organizations. Residents are individuals who are, and have been one year prior to the effective date of the contract, residents of the City of Pasadena. Submission to the City of documentation of requests and interviews will constitute proof of a good-faith effort. Interviews of Pasadena residents, if conducted, shall be completed and documentation submitted to the City prior to commencement of Contract work.

• Acceptance of Conditions —

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

  • All parts of the Instructions to bidder or proposer and Specifications will become part of the Contract between the selected bidder or proposer and the City;
  • The City may require whatever evidence is deemed necessary relative to the bidder or proposer financial stability and ability to complete this project;
  • The City reserves the right to request further information from the bidder or proposer, either in writing or orally, to establish any stated qualifications;
  • The City reserves the right to solely judge the bidder or proposer representations, and to solely determine whether the bidder or proposer is qualified to undertake the project pursuant to the criteria set forth herein. The bidder or proposer, by submitting a bid, expressly acknowledges and agrees that the judgment of the City as to whether or not the bidder or proposer is qualified to perform the project, shall be final, binding and conclusive;
  • The City reserves the right to reject all bids, waive any irregularity in any of the bids, or cancel or delay the project at any time;
  • This bidding process does not commit the City to award any contract, and the City is not liable for any costs incurred by the bidder or proposer in the preparation and submission of a bid.
• SAMPLE CONTRACT —

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

• Technical Questionnaire Form —

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

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

  • Section 4.0 must be completed for externally hosted/SAAS applications; and
  • Section 5.0 must be completed for City hosted/on-premises software
• Vendor Registration Instructions & Customer Service information: —

  Click here to register onto the City's eProcurement Portal hosted by OpenGov.

  If you are already registered and need help logging in or retrieving your user information simply click on the blue chat bubble on the lower right hand corner of your screen or contact OpenGov at procurement-support@opengov.com for help at any time.

  Customer Service

  For assistance with e-bidding or uploading documents: Contact OpenGov via the blue chat bubble on the lower right hand corner of your screen or email at procurement-support@opengov.com.

  Monday through Friday 5 am - 5 pm PST, except statutory holidays-- response time is typically less than ten minutes.

• Byrd Anti-Lobbying Amendment —

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

• Patent Feed; Patent, Copyright, Trade Secret, and Trademark Fees —

  Each bidder shall include in the price bid any patent fees, royalties and charges on any patented article or process to be furnished or used in the prosecution of the Work.

• Pasadena Business —

  Local Business is defined in the Pasadena Municipal Code section:

  4.08.020, O: "Local business" means a business with a fixed place of business located in the city.

  To receive any preferences offered to a Pasadena business in this solicitation, a Pasadena business must be located within the City Boundary by the release date of this solicitation.

• Performance Bonds —

  Performance Bonds Required: 100%

• 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

• Data Security for Printers/Copiers/Scanners —

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

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

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

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

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

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

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

• 2 CFR § 200.323: PROCUREMENT OF RECOVERED MATERIALS —

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

• Labor & Materials Bonds —

  Labor & Materials Bonds Required: 100%

• Taxes —

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

• Local Bidders; Refund of Sales and Use Tax —

  For the purpose of determining the lowest bidder on a contract for materials and supplies only, 1.75% of that portion of the bid subject to sales or use tax shall be deducted from any bid where it is determined that if such bidder were awarded the contract, the City would receive a refund of the 1.75% sales and use tax pursuant to the Uniform Sales and Use Tax Ordinance of the City of Pasadena.

• FEDERAL - REQUIRED CERTIFICATION —

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

• SUBSTITUTION FOR PATENTED AND SPECIFIED ARTICLES —

  Wherever these Specifications specify any material or process by patent or proprietary name, or by name of manufacturer, such specification is only for the purpose of describing the material or process desired and shall be deemed to be followed by the words and/or approved equivalent. Any bidder may offer in the proposal any material or process that is equivalent in every respect to the material or process specified. This statement of alternate unit shall clearly describe the material or process for which the substitution is proposed and shall provide technical data establishing equivalency.

  Equivalents to Specifications

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

  During the question and answer period, the City reserves the right to determine whether equivalents meet the bid specifications of the City, and are equal to the manufacturer specified or the stated technical specifications. The decision of the City regarding equality shall be final.

  Equals can be submitted for approval during the Question and Answer period through this eProcurement Portal: https://procurement.opengov.com/portal/pasadena/projects/217174.
• 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.

• 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.

   

• BID YOUR FULL EQUAL OR BETTER —

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

• ACCESS TO RECORDS —

  The following access to records requirements apply to this contract: (1) The Contractor agrees to provide (insert name ofstate agency or local or Indian tribal government), (insert name of recipient), the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The Contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance with the Disaster Recovery Act of 2018, the (write in name of the non-federal entity) and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States.

• Special Requirements of Contractors —

  There is a separate packet of forms as part of these specifications that a bidder must complete to establish compliance with a number of special City of Pasadena requirements, including, but not limited to, Equal Employment and Affidavit of Non Collusion. These forms and their instructions should be considered an integral part of the specifications and failure to complete them shall be grounds, in the sole discretion of the City, for rejection of any bidder.

• Public Contract Code Sec. 9204 New Public Works Claims Procedure —

  As detailed in the Section Titled #Public Works Claims Procedure new Public Contract Code Section 9204, effective January 1, 2017, specifies new procedural requirements for claims submitted by a contractor on any public works project.

• DHS SEAL, LOGO, AND FLAGS —

  “The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval.”

• Errors and Omissions —

  Bidders or Proposers shall not be allowed to take advantage of any errors or omissions in the Instructions to Bidders/General Instructions or Specifications/Scope of Work. Full instructions will be given if such error or omission is discovered and timely called to the attention of the City.

• Equivalents to Specifications —

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

  During the question and answer period for this solicitation (Glenarm Battery Energy Storage System Construction; 2026-IFB-LM-0000), the City reserves the right to determine whether equivalents meet the bid specifications of the City, and are equal to the manufacturer specified or the stated technical specifications. The decision of the City regarding equality shall be final.

• COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS —

  “This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives.”

• Patent Fees; Patent, Copyright, Trade Secret, and Trademark Fees —

  Each bidder or proposer shall include in the price bid any patent fees, royalties and charges on any patented article or process to be furnished or used in the prosecution of the Work.

• INSURANCE —

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

• Taxes —

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

• DURATION OF CONTRACT —

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

• Protest Procedure —

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

• NO OBLIGATION BY FEDERAL GOVERNMENT —

  “The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract.”

• 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.

• PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS —

  “The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor’s actions pertaining to this contract.”

• System for Award Management (SAM.Gov) —

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

• 2 CFR § 200.216: PROHIBITION ON CONTRACTING FOR COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES —

  FEMA recipients and subrecipients and their contractors and subcontractors are required per 2 C.F.R. Part 200, Appendix II to include a contract provision in all FEMA-funded contracts and subcontracts, including any purchase orders. 1. On or after Aug. 13, 2020, for all new, extended, or renewed contracts using FEMA funds, especially for covered telecommunications equipment or services: a. FEMA recipients and subrecipients are required to include a provision in their contracts explaining the prohibitions under section 889 of the NDAA and as clarified in this policy. b. This also applies to subcontracts under any new, extended, or renewed contract. (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy, #405-143-1 Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services As used in this clause. The link to the policy is listed here: Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim) FEMA Policy #405-143-1 (b) Prohibitions. (1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions. (1) This clause does not prohibit contractors from providing— a. A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or b. Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to: a. Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. b. Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d) Reporting requirement. (1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments.

• REQUEST FOR TAXPAYER IDENTIFICATION NUMBER AND CERTIFICATION (IRS Form W-9) —

  The winning proposal/bid may be required to submit a completed and signed IRS Form W-9. Failure to submit this form may result in the response being deemed non-responsive.

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

• CFR § 200.322 - Domestic preferences for procurements. —

  (a) As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. (b) For purposes of this section: (1) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

• RELEVANT EXPERIENCE —

  Provide experience of two utility scale projects/contracts performed by the contractor or a listed subcontractor. Complete and submit the attached Relevant Experience Form with your bid to demonstrate experience with projects of a construction value of $10,000,000 or more.  

  Qualification Checklist

  Technical & Project Experience

  1. Contractor or listed subcontractor must have experience medium electrical construction and lithium-ion utility scale containerized battery projects. Contractor or listed subcontractor must have successfully completed two (2) utility scale projects within the United States.
  2. The demonstrated experience shall encompass comprehensive site development, structural and electrical construction, and cable testing associated with a BESS facility incorporating a switchyard or substation interconnection. Such interconnection shall include, at a minimum, switchgear, breakers, and transformers.
  3. Contractor shall provide project references for each qualifying project, including contact information for representatives capable of verifying project scope, performance, and completion details.

  Complete and submit the attached Relevant Experience Form with your bid.

• ACCEPTANCE OF WORK —

  The Contractor shall provide written notification to the City when the Contractor deems the work complete and ready for final inspection. Upon the receipt of this notice, the City will make a final inspection and notify the Contractor within five (5) working days that the work is approved or that additional work is needed before approval. The work will neither be final nor accepted until the City notifies the contractor in writing that the entire work is completed to the specifications. No deviations from the Specifications will be accepted unless previously approved in writing by the City. Within ten (10) days after the work is accepted, the City will record a Notice of Completion. The Contractor shall be responsible for risk of loss or damage to the work until the date of the written notice of acceptance from the City. The period of any guarantee or warranty provided under these Specifications, shall commence on the date the work is accepted.

• 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.

• 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.
• RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT —

  ONLY REQUIRED FOR FUNDING AGREEMENTS a. Standard. If the FEMA award meets the definition of “funding agreement” under 37C.F.R. § 401.2(a) and the non-Federal entity wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the non Federal entity must comply with the requirements of 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements), and any implementing regulations issued by FEMA. See 2 C.F.R. Part 200, Appendix II(F). b. Applicability. This requirement applies to “funding agreements,” but it DOES NOT apply to the Public Assistance, Hazard Mitigation Grant Program, Fire Management Assistance Grant Program, Crisis Counseling Assistance and Training Grant Program, Disaster Case Management Grant Program, and Federal Assistance to Individuals and Households – Other Needs Assistance Grant Program, as FEMA awards under these programs do not meet the definition of “funding agreement.” c. Funding Agreements Definition. The regulation at 37 C.F.R. § 401.2(a) defines “funding agreement” as any contract, grant, or cooperative agreement entered into between any Federal agency, other than the Tennessee Valley Authority, and any contractor for the performance of experimental, developmental, or research work funded in whole or in part by the Federal government. This term also includes any assignment, substitution of parties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as defined in the first sentence of this paragraph.

• TIME OF COMPLETION. —

  The CONTRACTOR shall begin work within seven (7) calendar days of issuance of the Notice to Proceed, or on the date specified within the Notice to Proceed, and shall diligently prosecute the work to completion in every detail, within 174 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
  Contractor shall account for City holidays to avoid claims for time extension related to non-workdays. 

  Observed City Holidays:

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

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

• LIQUIDATED DAMAGES —

  Failure of the contractor to meet the delivery date will result in damages being sustained by the City of Pasadena. Such damages are, and will continue to be, impracticable and extremely difficult to determine. For each consecutive calendar day in excess of the delivery date the Contractor shall pay the City of Pasadena, or have withheld from monies due it, the sum of $9,500.00 per day.
  
  Execution of the Contract shall constitute agreement by the City of Pasadena and the Contractor that this represents the minimum value of the costs and actual damage caused by the failure of Contractor to meet the deliver date. Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due Contractor if such delays occur.

  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.

• Buy America Requirement —

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

• 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.

• STORAGE —

  The Contractor shall, at its own expense provide a storage location for his materials and equipment. The contractor must request and coordinate with Public Works Department for an approved location.

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

  REQUIRED FOR ALL FEDERALLY FUNDED AGREEMENTS. City of Pasadena and contractors may be subject to the equal opportunity requirements implementing Executive Order 11246, “Equal Employment Opportunity,” as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and as supplemented by regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor”, as well as 2 C.F.R. §200.321, “Contracting with small and minority businesses, women’s business enterprises, and labor surplus area firms.” Contractors shall be required to complete the applicable Equal Employment Opportunity forms and SBE/MBE/WBE/LSA forms included in the project specifications. Contractor shall also sign and submit a certification that declares all necessary affirmative steps were taken to assure that small and minority businesses, women’s business enterprises, and labor surplus area firms were used when possible, as outlined by 2 C.F.R. §200.321.

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

  REQUIRED FOR ALL FEDERALLY FUNDED AGREEMENTS. Contractors shall comply with the CPA requirements as implemented by 46 CFR 381 in order to ensure a fair and reasonable participation by privately owned United States-flag commercial vessels in transporting cargoes which are subject to the Cargo Preference Act of 1954 and which are generated by U.S. Government Grant, Guaranty, Loan and/or Advance of Funds Programs Use of United States-flag vessels: The contractor agrees – To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels. To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, ‘on-board’ commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (b) (1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590. To insert the substance of the provisions of this clause in all subcontracts issued pursuant to this contract.”

• Addenda —

  If any person contemplating submitting a proposal of the items or services listed herein is in doubt as to the true meaning of any part of this RFP, he/she may submit a question through the City's eProcurement Portal Q&A section for an interpretation or correction thereof.

  Any interpretation or correction of City specifications will be made only by addendum, duly issued by the City representative(s) identified in this solicitation, above.  Addenda (if any) shall be made available on the City's eProcurement system, and sent to each vendor included on the "Followers" list in the City's eProcurement system.  A vendor's failure to address the requirements of any and all addenda may result in the response (proposal or bid, or alike) not being considered. If the City determines that a time extension is required for the proposal, the City will issue an addendum that will give the new submission date. The vendor is responsible to register on the City's eProcurement Portal and follow the project named Glenarm Battery Energy Storage System Construction in order to be included in the "Followers" list in the City's eProcurement system to insure they receive all documents including addendums which are available as a download.

  The City reserves the right to change any part of these Instructions to PROPOSERS and Specifications any time prior to Deadline for Submissions. Any changes shall be in the form of addenda and will become a part of the Proposal documents and of the contract.

• PROTECTION OF EXISTING IMPROVEMENTS AND OTHER UTILITIES —

  The Contractor shall, at its own expense, preserve and protect from injury all improvements existing at the site, such as equipment, trees, parkways, flowers, shrubbery, lawns, fences, curbs, gutters, sidewalks, walls, manholes and all other improvements of whatever nature. If any such improvements are injured, damaged, or destroyed by the Contractor, or its employees, subcontractors or agents, they shall promptly be restored by the Contractor, at the Contractor’s expense, to the condition existing before such injury, damage, or destruction. The Contractor shall protect and maintain in uninterrupted service any existing sub-surface utilities and shall promptly repair any damages to such utilities at his own expense. Existing utilities of record in the area affected by this contract may be shown in the drawings, however, if any pipe or conduit is encountered, the contractor shall determine their usage and arrange with the proper utility concerned for its removal or protection. The Contractor shall be held responsible for all damage to work installed by him or others that is caused by his work or by anyone employed by him. The Contractor shall utilize “UNDERGROUND SERVICE ALERT’ (USA) of Southern California (1-800-422-4133) to obtain marking of underground pipeline and utility locations. The contractor shall notify “USA” at least two working days in advance of beginning any excavation and/ or jacking operations. Utilities that are not subscribers or members of “USA” shall be notified separately and independently. To avoid unnecessary marking of utilities in the street and sidewalk areas, the Contractor shall specifically indicate those areas where underground utility information is needed using a temporary water based marking chalk (“AERVOE” brand or approved equal) with a visible life not to exceed three (3) weeks. Such markings shall be limited to only those areas where the Contractor’s operation could damage buried utilities. Unnecessary markings resulting from Contractor’s failure to identify only critical locations shall be removed by the Contractor at his expense. If the Contractor fails to properly and completely remove all unnecessary markings, the City will remove and bill the Contractor for all direct and indirect removal costs.

• PROTECTION OF WORK, MATERIALS AND EQUIPMENT —

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

• CONTRACT WORK HOURS AND SAFETY STANDARDS ACT —

  REQUIRED FOR FEDERALLY FUNDED AGREEMENTS IN EXCESS OF $100,000 AND INVOLVES THE EMPLOYMENT OF MECHANICS OR LABORERS. The Contractor shall comply with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations at 29 C.F.R. Part 5. See 2 C.F.R. Part 200, Appendix II(E). Under 40 U.S.C. § 3702, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard workweek is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Further, no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section. Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal agency or the loan or grant recipient) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section. Records. The contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Access to Records. Records to be maintained under this provision shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Homeland Security, the Federal Emergency Management Agency, and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job.”

• WARRANTIES GUARANTEES —

  The Contractor shall transfer to the City the manufacturer's warranty or guarantee for each item delivered or installed under the Contract. Where applicable, the City shall be named as owner-beneficiary in any such warranty or guarantee. The Contractor shall ensure that each warranty or guarantee is in full force and effect from the date the City commences operation and use of the item. All such manufacturer's warranties or guarantees shall be in addition to the Contractor's warranty under this Contract. In addition to the above and any special guarantees required by the Detailed Specifications, the Contractor shall warrant that its work is fit for the City's particular purpose as indicated in the Specifications, fulfills all requirements of these Specifications, and is free from defects in materials, equipment, workmanship or installation. For a period of one two (2) years following the City's acceptance of the Work as provided in herein in this Specification, the Contractor shall repair or replace at its own expense any portion of the Work, including any material or equipment incorporated into the Work, that is defective or otherwise fails to conform to the above warranty or special guarantees. The City will notify Contractor of any such defect or nonconformity. Such notice will be given in writing, if possible, or by the means most practical under the circumstances. If the Contractor fails to correct the defect or other non-conformity within ten (10) days after receiving such notice, or in case of emergency demanding immediate action, then the City may make the necessary replacements or repairs and charge the Contractor the total cost of all labor, materials, equipment, administration and overhead required. If final payment has not been made, the City may withhold an amount for these costs; if the amount withheld is not sufficient, the City may recover any balance from the Contractor. The Contractor's performance bond shall remain in effect for a period of two (2) years after the date of acceptance of the work to cover the Contractor's warranties and guarantees as set forth above. The warranty period for each work order begins on the day when the retention is approved to be released.

• Copyright and Data Rights —

  An NFE is required by 2 C.F.R. § 200.315 to provide certain licenses with respect to copyright and data to the federal awarding agency. 2 C.F.R. § 200.315(b) provides to the federal awarding agency “a royalty-free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use [any work that is subject to copyright] for federal purposes, and to authorize others to do so.” 2 C.F.R. § 200.315(d) provides to the federal government the rights to “obtain, reproduce, publish, or otherwise use” data produced under a federal award and to authorize others to do the same. Applicability When an NFE enters into a contract requiring a contractor or subcontractor to produce copyrightable subject matter and/or data for the NFE under the award, the NFE should include appropriate copyright and data licenses to meet its obligations under 2 C.F.R. § 200.315(b) and (d), respectively. Work that is subject to copyright, or copyrightable subject matter, includes any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Suggested Language The following provides a sample contract clause: “License and Delivery of Works Subject to Copyright and Data Rights” The Contractor grants to the (insert name of the non-federal entity), a paid-up, royalty-free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the Contractor will identify such data and grant to the (insert name of the non-federal entity) or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the Contractor will deliver to the (insert name of the non-federal entity) data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the (insert name of the non-federal entity).”

• SAFETY MEASURES —

  The Contractor shall provide adequate safety measures and devices to prevent accidents, injury, or loss of life to the public and to workers, inspectors, and any persons whose duties bring them on the work. The Contractor shall comply with all orders and requirements of the California Division of Industrial Safety. The Contractor shall immediately install or provide any safeguarding or safety measures which the Division or the General Manager shall require. Without limiting the foregoing, in accordance with generally accepted construction practices the Contractor will be solely and completely responsible for conditions of the job site, including safety of all persons and property during performance of the work. This requirement will apply continuously and not be limited to normal working hours. Construction review of the Contractor’s performance by the City, its agents or employees, does not include review of the adequacy of Contractor’s safety measures at or near the construction site. Such construction review shall not relieve the Contractor of its obligations under this paragraph. The Contractor must comply with safety requirements issued by CAL/OSHA confined spaces, Article 108, #5157, #5158, #5159 and Pasadena Water and Power Department Safety Handbook Section I & II of Underground Distribution, when entering underground manholes. These requirements include, but not limited to: entry permits, air monitoring and ventilation, safety and rescue provisions. The Contractor and all his personnel must wear approved hard hats, clothing and equipment required on the jobsite. The Contractor shall employ workers who are qualified, experienced and well trained to work safely around or near energized electrical equipment. It is also a requirement of this contract that the contractor must provide his own electrical personnel who is qualified to monitor and supervise his workers while working inside the energized vault. Sanitation The Contractor shall provide all appropriate sanitary conveniences and shall remove the conveniences at the completion of the work.

• UNIQUE ENTITY ID (UEI) SAM.GOV —

  SAM REGISTRATION

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

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

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

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

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

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

• CLEANUP —

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

• 2 CFR Parts 184 and 200 —

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

  SUMMARY: 

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

  SUPPLEMENTARY INFORMATION:

  Executive Summary

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

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

• CONTRACTORS QUALITY CONTROL —

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

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

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

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

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

   

  Required Representations and Certifications  

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

  Contract Terms and Conditions  

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

  Subcontracting Requirements  

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

• Funding Source —

  This procurement is funded by: California Energy Commission (CEC). However, should the CEC require additional documentation related to this project, including but not limited to payroll reports (and alike), the contractor will be required to submit said documentation.

Submission Requirements

• Acknowledgements
• Acknowledgement (required) —

  By submitting this bid the Bidder hereby certifies under penalty of perjury of the laws of the State of California that all representations made in the documents that comprise the proposal for Glenarm Battery Energy Storage System Construction due on Thursday, May 14, 2026 are true and correct to the best of my knowledge at the time of the proposal’s submission.

  By confirming, the bidder acknowledges the following:

  • We have reviewed and agreed to all of the documents contained in this solicitation and understands that the City will not be responsible for any errors or omissions on the part of the vendor in making up this bid or proposal.
  • The representations herein are made under penalty of perjury.
  • We hereby offer to sell the City of Pasadena the materials, products, and/or services at the prices shown and under the terms and conditions included hereon or attached or referenced.
• Confirmation, if You are the Recommended Company (required) —

  Subsequent to the closing of this solicitation, but prior to contract award, the recommended vendor will be required to provide the following documents within 10 calendar days of being notified, otherwise the submitted proposal may be deemed non-responsive.

  Please confirm that you will provide the following per these instructions.

  • Request for Tax Payer Identification Number and Certification (IRS Form W-9)
  • Pasadena Business License
  • Any Required Licenses or Certifications

  • All Insurance Required by this Solicitation (If Required)

• Time of Completion (required) —

  By submitting a response, Bidder agrees to commence work within fifteen (15) calendar days from the date of issuance of a Notice to Proceed and proposes and agrees to have all work completed within 174 Working Days after contract time commences.

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

  If your submittal does not include all of the below items, it may be deemed non-responsive.

  • Each Bidder must submit a completed Form AA-1. Failure to submit this form will result in automatic disqualification with no exceptions unless Bidder has an approved form on file with the City. (Copy attached)
  • Form AA-2 is required to be submitted for projects involving labor or services in excess of $25,000. (Copy attached)
  • Form AA-3 is Optional. (Copy attached)
  • A completed and signed "Declaration of Non-Collusion." (Copy attached)
  • Signature Page and Legal Status (Copy attached)
• Subcontractor Listing/Shoring Design —

  Please download the below documents, complete, and upload.

• Technical Questionnaire Form —

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

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

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

• Relevant Experience Form (required) —

  Please download the below documents, complete, and upload.

• Qualifications; and Experience —

  Safety & Compliance Standards: City staff will verify the safety threshold in the OSHA establishment database prior to contact award.  If a bidder fails to meet the minimum safety standards, their bid may be considered non-responsive.

  Experience: City staff will verify experience provided.  If the required experience is not satisfied, the bid will be considered non-responsive.

• Bidder or Bidder’s subcontractor holds a current and active California Class C-10 Electrical Contractor License (required) —

  Yes or No. If yes, include License No:

• Bidder or Bidder’s subcontractor holds all required licenses to perform the work (required)
• Total Recordable Incident Rate (TRIR) is < 3.0 (3-year average) (required)
• Experience Modification Rate (EMR) is <1.0 (required)
• The Contractor or listed subcontractor must have Experience with MV Electrical Construction (required) —

  Experience with Medium Voltage (12 to 35kV) construction

• Construction Manager has min of 5 years experience as a Construction Manager (required)
• Lead Foreman has min 5 years experience as a Lead Foreman (required)
• The Contractor or listed subcontractor must have performed utility scale work within Los Angeles Basin (required)
• The Contractor or listed subcontractor must have completed 2 utility-scale projects (required)
• The contractor or listed subcontractor must have experience with Lithium-Ion Utility Scale Containerized Battery Projects? (required)
• The contractor or listed subcontractor must have performed a project with a contract valued, excluding engineering equipment, of $10 Million or more? (required)
• Bid Security Verification (required) —

  Please enter your Bid Bond information from Surety2000 below.

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

   

  Please enter your Bond IDand your Vendor ID from Surety2000for this Solicitation (Project ID: 2026-IFB-LM-0000).

  Bid Bond Instruction:

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

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

  Please upload a copy of your: California Class A General Engineering Contractor License

• California State Licensing Board Number (required) —

  Please enter your license number with the CSLB for: California Class A General Engineering Contractor License

• California Department of Industrial Relations Registration (required) —

  Solely for the purpose of verification. Please enter your Public Works Contractor Registration Number. This will be verified against the state database for the Department of Industrial Relations Registration.

  In 2014, the California legislature enacted several laws impacting public works contracting. Senate Bill 854 (SB 854) creates changes in the way DIR monitors prevailing wage requirements. All contractors and subcontractors must register with the DIR and meet DIR requirements before bidding on public works contracts in California. No contractor or subcontractor may be awarded a contract for public work or public works project unless registered with the DIR.  

  Public Work Contractors/Subcontractors can register with the DIR at 

  https://services.dir.ca.gov/gsp?id=dir_contractors&table=x_cdoi2_letf_core_contractor_lookup&filter=&spa=1&p=1&o=contractor_last_name&d=desc

   

• DIR Registrations (required) —

  Please upload a copy of all required DIR registrations for the prime and all subcontractors.

  In 2014, the California legislature enacted several laws impacting public works contracting. Senate Bill 854 (SB 854) creates changes in the way DIR monitors prevailing wage requirements. All contractors and subcontractors must register with the DIR and meet DIR requirements before bidding on public works contracts in California. No contractor or subcontractor may be awarded a contract for public work or public works project unless registered with the DIR.  

  Public Work Contractors/Subcontractors can register with the DIR at www.dir.ca.gov/Public-Works/.

• Federal Requirements
• CERTIFICATION REGARDING LOBBYING (required) —

  Please download the below documents, complete, and upload.

• Federal Required Certification (required) —

  Please download the below documents, complete, and upload.

• Unique Entity Identifier (required) —

  Please download the below documents, complete, and upload.

• HUD REQUIREMENTS
• HUD Federal Forms (under $200k) (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 $200k)

  • Worker’s Compensation Certification
  • Federal Lobbyist Certification
  • Past Performance Certification
  • List of Proposed Subcontractors
• HUD Federal Forms (Over $200k) (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 $200k)

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

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

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

  Select a general funding source

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

  For Example: "Homeland Security"

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

  This amount is the dollar value of the award from HUD. Contact Housing if you have questions.

• Additional Federal Attachments (required) —

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

• Federal-Aid Project No. (required) —

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

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

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

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

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

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

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

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

  Please enter a number only to represent the number of working days (Monday through Friday) within which the contractor must complete the work/project.

• Include Liquidated Damages? (required)
• Liquidated Damages Per Day (required) —

  Enter a full dollar amount with a dollar sign. For example: $500.00

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

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

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

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

• Include Price Adjustment Clause (required)
• Bonds
• Include a bid bond requirement? (required) —

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

• Labor & Materials Bond Required (required) —

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

• Performance Bonds Required (required) —

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

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

  General definitions and parameters of each approach.

  • Award to the Winner: This is a traditional public procurement where the winning bid or proposal is selected based on the Lowest, Responsive and Responsible Bidder when using a Competitive Bid process; or the Highest Scored Proposal when using the Competitive Selection process.
  • Split Award: A “Split-Award” is designed to specify and distinguish separate Groups of awards based on separate specifications or Scopes of Work. A vendor can respond to any combination of the Groups provided they are responsive and responsible. Each Group is evaluated and awarded independently. Effectively, there could be a separate winner for each Group.
  • Back Up Vendor (RFPs Only): This method is intended to contract with a back up vendor in the event the winner is unable to fulfill the contract.

Questions & Answers