Clean_Power_Pasadena_Partnership.pdf

REQUEST FOR PROPOSALS

CLEAN POWER PASADENA PARTNERSHIP

FOR THE

WATER & POWER DEPARTMENT, POWER SUPPLY

CITY OF PASADENA, CALIFORNIA

Request for Proposals - Clean Power Pasadena Partnership Release Date: Monday, August 3, 2026

Attachments:

A - CPPP Interconnection-and-Metering-Agreement D - REQUIRED FORMS - AAs - SIG-LEGAL-STATUS - DECLARATION OF NONCOLUSION 08022024 v2

E - DISQUALIFICATION_DISCLOSURE (4)

F - CONFLICT_OF_INTEREST (5)

H - Clean Power Partnership Term Sheet N - DESIGNATED REPRESENTATIVESdocx

1. Introduction

1. Summary

The City of Pasadena (“Pasadena”) through its Department of Water and Power (“PWP”) is issuing a Request for Proposals (“RFP”) for one or more distributed generation renewable energy facilities (“Proposed Project”). Proposed Projects must be located within PWP service territory and must interconnect directly to PWP's electric distribution grid. PWP is seeking distributed resources larger than 200kW.

In 2023, the Pasadena City Council adopted Resolution No. 9977, declaring a climate emergency and committing to source 100% of the city’s electricity from carbon-free resources by the end of 2030. This bold initiative positions Pasadena as a leader in climate action, surpassing state mandates and most voluntary targets set by other utilities and corporations.

To meet the Resolution No. 9977 goal and to fulfill energy procurement requirements of 100% carbon-free supply, Proposed Projects must meet the requirements of the California Renewable Energy Resources Program (Public Utilities Code, or PUC §§ 25740 et seq.) and the California Renewables Portfolio Standard Program (PUC §§ 399.11 et seq.). This RFP supports both Pasadena’s 100% carbon-free goal under Resolution No. 9977 and PWP’s compliance with California’s Renewables Portfolio Standard (“CA RPS”) as outlined in PUC § 399.30.

PWP is primarily seeking Projects with commercial operation or delivery start dates on or before December 31, 2028, with a minimum delivery term of 10 years. PWP will consider Proposals with delivery start dates later than December 31, 2028, or with alternative delivery terms.

2. Background

The City of Pasadena is an ethnically diverse community that is home to approximately 142,017 people. Pasadena is the ninth-largest city in Los Angeles County. It is one of the primary cultural centers of the San Gabriel Valley. The City covers approximately 22.5 square miles, with an average of ten residents per acre. The median age of its residents is approximately 36.9 years.

There are over 100,000 jobs in a wide variety of industries in the City of Pasadena.

Background

Pasadena is an ethnically diverse community that is home to approximately 142,017 people, is the ninth-largest city in Los Angeles County and is one of the primary cultural centers of the San Gabriel Valley. Pasadena covers approximately 22.5 square miles, with an average of ten residents per acre, and a median age of approximately 37 years. There are over 100,000 jobs in a wide variety of industries in Pasadena.

Pasadena Water and Power ("PWP")

Pasadena has operated its Water and Power Department since the early 20th century, delivering approximately 1.1 million megawatt hours (“MWh”) of energy annually to 65,000 customers. PWP's diverse energy portfolio includes gas-fired, hydro power, nuclear, photovoltaic, wind, geothermal, and landfill gas resources. PWP owns gas-fired units at the Glenarm Power Plant and shares in the gas-fired Magnolia Power Project, the Hoover Dam Hydroelectric Power Plant, and the Palo Verde Nuclear Generating Station. PWP also holds shares of the natural gas Intermountain Power Project (“IPP”) and has various contracts for renewable resources.

As a Scheduling Coordinator and Load Serving Entity within the CAISO Balancing Authority Area, PWP manages a peak load of approximately 330 megawatts (“MW”) and can import up to 280 megawatts ("MW") of power through its T.M. Goodrich Receiving Station. Historically, Pasadena has demonstrated a strong commitment to transitioning to carbon-free and renewable energy, adopting a Climate Action Plan and setting a goal to source 100% of electricity from carbon-free sources by 2030, as outlined in PWP's 2023 Integrated Resource Plan and 2025 Optimized Strategic Plan (“OSP”). The OSP includes an emphasis on local renewable energy development, which this RFP supports.

3. Contact Information

Deadline for Questions

The deadline to submit questions related to this solicitation is Wednesday, September 2, 2026, prior to 5:00 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.

Eli Landman Power Resource Planner I Email: elandman@cityofpasadena.net Phone: (626) 744-4569 Department:

Water & Power Department, Power Supply

4. Timeline

Release Project Date August 3, 2026

Pre-Proposal Meeting (Non-Mandatory) August 21, 2026, 2:00pm https://teams.microsoft.com/meet/293932983 91413?p=zJtbogZ7ybWFtBmnmm

Question Submission Deadline September 2, 2026, 5:00pm

Proposal Submission Deadline October 30, 2026, 3:00pm mailto:elandman@cityofpasadena.net tel:(626)744-4569 https://teams.microsoft.com/meet/29393298391413?p=zJtbogZ7ybWFtBmnmm https://teams.microsoft.com/meet/29393298391413?p=zJtbogZ7ybWFtBmnmm

2. General Instructions

1. NOTICE REGARDING DISCLOSURE OF CONTENTS OF DOCUMENT

All responses to this Request for Proposal (RFP) accepted by the City of Pasadena (City) shall become the exclusive property of the City. At such time as the City Manager recommends a contractor to the City Council, and such recommendation, with any recommended contract appears on the Council agenda, all proposals 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 proposal which are defined by the contractor as business or trade secrets and plainly marked as "Trade Secret", "Confidential" or "Proprietary". Each element of a proposal which a contractor 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 or permitted under the California Public Records Act or otherwise by law, the City shall not in any way be liable or responsible for the disclosure of any such records or part thereof.

2. Electronic Submission and Delivery Instructions

Parties interested in responding are required to submit proposals electronically through the City of Pasadena's eProcurement Portal no later than 3:00 pm on Friday, October 30, 2026. Please upload sufficiently early electronically through the city's eProcurement Portal before the time and day listed in the Notice Inviting Proposals. Proposals must be received in the system prior to the deadline.

The entire proposal must be formatted on standard-size 8½”x11” pages; 12 point font only. The "Technical Proposal," "Additional Data," and "Statement of Qualifications" can be no more than 50 grand total pages.

The Price Proposal must include all costs associated with the Technical Proposal as described in the Price Proposal instructions in the “#Proposer's Submittals/Checklist.”

The Technical Proposal should disclose your technical approach in as much detail as possible, including, but not limited to, the requirements of the technical proposal instructions. Along with all required forms and submittals (See #Attachments, and #Proposer's Submittals/Checklist. No Pricing shall be included in this part.

Proposals received after the Proposal Deadline may not be accepted by the City.

3. Technical Proposal https://procurement.opengov.com/portal/pasadena https://procurement.opengov.com/portal/pasadena/projects/283432/document?section=2733114 https://procurement.opengov.com/portal/pasadena/projects/283432/document?section=2733121 https://procurement.opengov.com/portal/pasadena/projects/283432/document?section=2733114

The proposal must be prepared in two parts: a "Technical Proposal" and a "Price Proposal." Each of the parts shall be separate and complete in itself so evaluation of one may be accomplished separate from the evaluation of the other. The Technical Proposal should disclose your technical approach in as much detail as possible, including, but not limited to, the requirements of the technical proposal instructions. Along with all required forms and submittals (See #Attachments, and Submittals/Checklist. No Pricing shall be included in this part.

4. Separate Price Proposal

The Price Proposal must include all costs associated with the Technical Proposal as described in the Price Proposal instructions in the “Submittals/Checklist.”

Parties interested in responding are required to submit their Price Proposal with their Technical proposal through the City's eProcurement Portal. Parties must also submit a completed Term Sheet as provided in the #Attachments.

The pricing must include the total price proposed to accomplish all the performance and deliverables requested in this RFP, and offered by your firm. Each Proposer must submit a Price Proposal containing all costs associated with the technical proposal. The price proposal shall describe both the total and (if applicable) the detailed price for which the consultant will commit to complete the total scope of work and end products.

The pricing information is relevant to a determination of whether the price is fair and reasonable in light of the services to be provided. The City will not separately reimburse costs not included in the proposal.

Reference PRICE PROPOSAL.

Reimbursable cost schedules shall depict only those expenditures that are exclusive to and in support of the scope of services. The proposed reimbursable cost schedule shall include a detailed list of reimbursables.

Each Proposer must submit a Term Sheet containing all Proposer’s costs associated with the Technical proposal. Using the attached Term Sheet in this RFP, provide Proposer’s offered prices in $/MWh for the renewable energy. The Proposer’s pricing shall cover, without limitation:

1. all designs, equipment, materials, labor, insurance and bond premiums, office, jobsite, and other overhead, profit and services relating to the Proposer’s performance of its obligations under the Contract (including all work, equipment, materials, labor, and services provided by subcontractors and intellectual property rights necessary to perform the work);

2. performance of each and every portion of the work;

3. all costs associated with the provision and installation of a meter socket in accordance with PWP’s metering standards. PWP will furnish, install and own one or more revenue quality meters at the interconnection point with Proposer’s project and will charge a meter fee to Proposer to cover the costs associated with the meter's purchase and installation. PWP reserves the right to install additional metering equipment at its sole cost and expense;

https://procurement.opengov.com/portal/pasadena/projects/283432/document?section=undefined https://procurement.opengov.com/portal/pasadena/projects/283432/document?section=undefined https://procurement.opengov.com/portal/pasadena/projects/283432/document?section=undefined

4. all costs of obtaining Government approvals and permits related to the Proposer’s portion of the Proposed Project;

5. all costs of compliance with Government rules, except to the extent such compliance is the responsibility of PWP;

6. all taxes, duties, permits, and other fees or royalties incident to the performance of the

SCOPE OF WORK;

7. payment of all salaries, wages, benefits, and expenses of the Proposer’s employees or the employees of any subcontractor hired to complete work on the Proposed Project;

8. compensation for all risks, liabilities, and contingencies assigned to the Proposer;

9. all costs associated with design and installation of equipment and improvements located on the Proposer’s property and associated with interconnection to PWP’s electric distribution grid; and

10. all other costs needed or incurred to complete the Project.

Proposer should exclude the following item(s) from their Term Sheet pricing as PWP will cover these costs. If Proposer prefers to include these cost items, Proposer should indicate this preference in their submittal along with the specific impact these assumptions have on the Price Proposal.

1. Costs associated with design and installation of upgrades located within the public right-of-way up to the Proposer’s property line and associated with interconnection to PWP’s electric distribution grid.

5. Pre-Proposal Meeting

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

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

6. Definitions

The words (A) "City", (B) "Department", (C) "Director", or (D) "Contractor", as used in this RFP, shall be understood to refer respectively to (A) the City of Pasadena, California; (B) the several departments therein; (C) the directors of the several City departments; or any of their properly authorized assistants; and ( D) the person, firm or corporation with whom the contract is made by said City or the agent or legal representative who may be appointed to represent such person, firm or corporation in the signing and performance of said contract.

https://procurement.opengov.com/portal/pasadena/projects/283432/document?section=2733111

3. General Requirements

1. Standard terms and conditions

Prior to the award of any work hereunder, City and contractor shall enter into a written contract in substantially the form attached hereto with such revisions thereto as the City may determine necessary and appropriate. PROPOSERS responding to this RFP are strongly advised to review all the terms and conditions of the contract, and shall be deemed to have accepted them.

Proposers responding to this RFP are strongly advised to review the Term Sheet and provide comments on any areas they are unwilling to operate under.

2. Firm commitment of availability of service

Once a proposal is opened, a PROPOSER is expected to maintain an availability of service as set forth in its proposal for at least four months after date for opening proposals.

3. Reservations

The City reserves the right to reject any or all bids or proposals and any item or items therein, and to waive any non conformity of proposals with this RFP, whether of a technical or substantive nature, as the interest of the City may require.

4. Documents to be construed together

The Request for Proposal (RFP), the Proposal, the Non Collusion Affidavit, and all documents referred to in the complete specifications and the Contract to be entered into between the Contractor and the City, and all modifications of said documents, shall be construed together.

5. Patent fees; patent, copyright, trade secret and trademark fees

Each 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.

6. PUBLIC CONTRACT CODE SEC. 9204 NEW PUBLIC WORKS CLAIMS PROCEDURE

Observe attached details regarding Public Contract Code Section 9204. AB 626, approved by the Governor on September 29, 2016, created a new Public Contract Code Section 9204, which specifies new procedural requirements for claims submitted by a contractor on any public works project. These new requirements contain burdens for both private contractors and public entities and are specifically made applicable to charter cities.

7. Request for Proposal (RFP) quantities:

The quantities contained in the RFP documents are approximate only and are for the sole purpose of comparing proposals. The City may, in accordance with the specifications, request additional services as necessary at the City's sole discretion, as increased by the unit price noted and payment will be made for the amount of services actually provided as determined by the City and accepted at the unit prices noted in the proposal.

8. CHANGE ORDER MANAGEMENT

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 Project Manager in writing before work is started.

9. Taxpayer Protection Act

Under the provisions of the City of Pasadena Taxpayer Protection Act ("TPA"), the Contractor/Organization will be considered a "recipient of a public benefit." The full provisions of the TPA are set forth in Pasadena City Charter, Article XVII. Under the TPA, City public officials who approve this Contract are prohibited from receiving specified gifts, campaign contributions or employment from Contractor for a specified time. As well, if this Contract is to be approved by the City Council, Councilmembers or candidates for Council are prohibited from receiving campaign contributions during the time this Contract is being negotiated (from the due date for an RFP response until award of a contract; this restriction does not apply to competitive and noticed low bid contracts). This prohibition extends to individuals and entities that are specified in the TPA and includes Contractor/Organization and its trustees, directors, partners, corporate officers and those with more than a 10% equity, participation, or revenue interest in Contractor/Organization. Contractor/Organization understands and agrees that: (A) Contractor/Organization is aware of the TPA; (B) Contractor/Organization will complete the forms provided by the City to identify all of the recipients of a public benefit specified in the TPA;

and (C) Contractor/Organization will not make any prohibited gift, campaign contribution or offer of employment to any public official who negotiated and/or approved this Contract, and will not make any prohibited campaign contribution during the time this contract is being negotiated. The Contractor shall submit a copy of the completed TPA form to the City Clerk’s Office if the contract is to be awarded by the City Council via e-mail: OfficialRecords- CityClerk@Cityofpasadena.net or by fax: (626) 744-3921, and submit a copy with the response package. For more information please go to: https://www.cityofpasadena.net/city-clerk/disclosure-reportsax-payer-protection-act-tpa/

10. CONFLICT OF INTEREST STATEMENT ** REVIEW

The proposing Consultant shall disclose any financial, business or other relationship with the City of Pasadena that may have an impact upon the outcome of the contract or any construction project. The Consultant shall also list current clients who may have a financial interest in the outcome of this contract or the construction project that will follow. The proposing Consultant shall disclose any financial interest or relationship with any construction company that might submit a bid on the construction project related to this solicitation. Proposers must complete and submit the following Form: Conflict of Interest Statement

11. Compliance with the Levine Act (Government Code Section 84308)

The Levine Act precludes an officer of a local government agency, including an elected official, from participating in the award of a contract if he or she receives any political contributions totaling more than $500 in the 12 months preceding the pendency of the contract award, and for 12 months following the final decision, from the person or company awarded the contract.

Proposers should ensure their employees, agents, and consultants are aware of the requirements of the Levine Act before the proposal is submitted, so as to avoid inadvertent violations.

12. Payment of Subcontractors, Suppliers, and Workers

The Prime Contractor shall be solely responsible for the payment of all subcontractors, suppliers, laborers, and any other persons or entities employed in connection with the performance of this Contract.

The City shall have no obligation to pay, or to ensure the payment of, any subcontractors, suppliers, or workers directly. The Prime Contractor shall ensure timely and full payment in accordance with all applicable laws, including but not limited to California Public Contract Code §§ 10262 and 10262.5 and Labor Code § 218.7.

Failure to comply with this requirement may result in the withholding of payments, imposition of penalties, and/or other remedies available under the Contract and applicable law.

The Prime Contractor shall also include in all subcontracts a provision requiring subcontractors to pay their lower-tier subcontractors and suppliers in a timely manner consistent with this section.

4. City Requirements

There are forms included in the section named Submittal/Checklist of these specifications which a bidder or proposer must complete to establish compliance with a number of City Requirements, including, but not limited to, equal employment opportunity and affidavit of non-collusion. These forms and their instructions should be considered an integral part of the specifications and failure to complete them may be grounds, in the sole discretion of the city, for rejection of any bidder or proposer.

1. Pasadena Operating Companies

If this solicitation is issued by an Operating Company of the City of Pasadena including the Pasadena Center Operating Company; or Rose Bowl Operating Company; or Pasadena Community Access Corporation: In this solicitation, any reference to the City, shall actually refer to the PCOC, 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.

2. Equal Employment Opportunity in Contracting

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

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

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

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

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

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

3. Declaration of Non-Collusion by Contractor

This form is only applied for formal solicitations $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."

4. SAMPLE CONTRACT

A Term Sheet is attached outlining the proposed conditions under which Pasadena prefers to conduct business.

5. CHANGE ORDER MANAGEMENT

Any additional work identified during the course of the project that is deemed necessary, but outside the original Scope of Services, must be recorded as a Change Order and approved by the City in writing before work is started.

6. Local Preferences

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

7. 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/

8. Invoice Submission Portal

Invoice Submission Portal https://www.cityofpasadena.net/finance/licenses/business-licenses/

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.

9. Acceptance of Conditions

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

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

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

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

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

• The City reserves the right to reject all bids, waive any irregularity in any of the bids, or cancel or delay the project at any time;

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

10. Pasadena Business

Local Business is defined in the Pasadena Municipal Code section:

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

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

https://invoice.cityofpasadena.net/PortalGuide.pdf

11. Pasadena Living Wage Ordinance

If this purchase includes a service, and the contract total is at $25,000 or more, it is then subject to the City of Pasadena's Living Wage Ordinance, Pasadena Municipal Code Chapter 4.11. The ordinance requires that contractors providing labor or services to the City under contracts in excess of $25,000 pay no less than the City’s Living Wage to all employees who spend any of their time providing labor or delivering services to the City.

The selected contractor will be required to evidence compliance with the Living Wage Ordinance by submitting payroll records as requested by the City. Each record shall include the full name of each employee performing labor or providing services under the contract; job classification; rate of pay and benefit rate.

Failure to comply with the provisions of the Pasadena Living Wage Ordinance is grounds for termination of the contract and a basis for penalties as stated in Pasadena Municipal Code Chapter 4.11. Questions concerning the Pasadena Living Wage Ordinance should be directed to:

Finance Department Purchasing Division 626-744-6755 - phone 626-744-6757 – fax

Please visit https://ww5.cityofpasadena.net/finance/doing-business-with-the-city/ for the current calendar year Pasadena Living Wage rate.

12. PAYMENT OF A CITY-WIDE MINIMUM WAGE

If a vendor is providing labor for any subsequent contract resulting from this solicitation, they must comply with the City of Pasadena Minimum Wage as set forth in Chapter 5.02 of the Pasadena Municipal Code. Vendors are encouraged to review the City’s minimum wage information guide at (https://bit.ly/3o3SHMh). The minimum wage ordinance may be found at Pasadena Municipal Code.

13. Errors and Omissions

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

14. Patent Fees; Patent, Copyright, Trade Secret, and Trademark Fees

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

15. Taxes

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

https://ww5.cityofpasadena.net/finance/doing-business-with-the-city/ https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fbit.ly%2F3o3SHMh&data=05%7C02%7Cawatson%40cityofpasadena.net%7Cbb892f95fde0404d371508dc9bbbf790%7C82d9fc002c664402a28fc6bcdc32e491%7C1%7C0%7C638556478819490734%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=zhx6795nsAtQnJvmzYHL5q2Lzw%2FdOCl95da3qPj4Duw%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Flibrary.municode.com%2Fca%2Fpasadena%2Fcodes%2Fcode_of_ordinances%3FnodeId%3DTIT5BULIRE_ARTIGE_CH5.02PACIDEMIWA&data=05%7C02%7Cawatson%40cityofpasadena.net%7Cbb892f95fde0404d371508dc9bbbf790%7C82d9fc002c664402a28fc6bcdc32e491%7C1%7C0%7C638556478819500215%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=AX1DEPBi2FxNNRsdiRGGB1whWvtl2jG%2FQ7SO5QsB%2Fac%3D&reserved=0

16. Certificate of Insurance

Proof of insurance is not required to be submitted with your bid/proposal, but will be required prior to the City's award of the contract. Refer to the Insurance requirements in the "Insurance Requirements" section of this document.

17. REQUEST FOR TAXPAYER IDENTIFICATION NUMBER AND CERTIFICATION (IRS Form W-9)

The winning proposal/bid may be required to submit a completed and signed IRS Form W-9.

Failure to submit this form may result in the response being deemed non-responsive.

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

18. 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.

19. Recycled Product Procurement Mandates Pertaining to Local Governments [Public Contract Code Sections 22150 - 22154]

This section is only applied when buying paper products.

Beginning January 1, 2022, SB 1383 requires jurisdictions (cities, counties, cities and counties, or special districts that provide solid waste collection services) to purchase recycled-content paper products that are recyclable.

SB 1383 builds upon existing laws that require jurisdictions to purchase products that contain minimum recycled content, and adds additional requirements on product recyclability and recordkeeping.

All vendors providing Paper Products and Printing and Writing Paper shall:

• Provide products that contain no less than 30% minimum recycled content and recyclability (described in further detail in State of California, Public Contract Code Sections 22150-22154, under the sections “Recycled-Content Requirements” and “Recyclability Requirements”.

• Provide a written certification and other verification from product vendors, as applicable, certifying that the products meet the recycled-content and recyclability requirements.

20. AVAILABILITY OF FUNDS

https://www.irs.gov/pub/irs-pdf/fw9.pdf https://www.irs.gov/pub/irs-pdf/fw9.pdf https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fleginfo.legislature.ca.gov%2Ffaces%2Fcodes_displayText.xhtml%3FlawCode%3DPCC%26division%3D2.%26title%3D%26part%3D3.%26chapter%3D3.5.%26article%3D&data=05%7C01%7Cawatson%40cityofpasadena.net%7C307f17457fcb49d363c108dbba309d38%7C82d9fc002c664402a28fc6bcdc32e491%7C1%7C0%7C638308490511442074%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=kSzPLWUdh6HYJTjfSaMqzITXO6TDf1tcUTo%2BcAV5SJw%3D&reserved=0

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.

21. Addenda

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

Any interpretation or correction of City specifications will be made only by addendum, duly issued by the City representative(s) identified in this solicitation, above. Addenda (if any) shall be made available on the City's eProcurement system, and sent to each vendor included on the "Followers" list in the City's eProcurement system. A vendor's failure to address the requirements of any and all addenda may result in the response (proposal or bid, or alike) not being considered. If the City determines that a time extension is required for the proposal, the City will issue an addendum that will give the new submission date. The vendor is responsible to register on the City's eProcurement Portal and follow the project named Clean Power Pasadena Partnership 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.

22. Accessibility Compliance Requirements

1. General Compliance

In accordance with Title II of the Americans with Disabilities Act of 1990 (ADA), Section 504 of the Rehabilitation Act of 1973, and all other applicable federal, state, and local disability rights laws, including the California Building Code (CBC) and California Code of Regulations Title 24, the City of Pasadena requires that all services, programs, activities, and facilities provided or utilized under this contract be fully accessible to individuals with disabilities.

The selected Contractor agrees to ensure that all work performed, and all services, programs, or activities provided under this contract comply with the requirements of Title II of the ADA and related laws. This includes, but is not limited to design, construction, communication, technology, and program delivery compliance with:

• The ADA and its implementing regulations (28 CFR Part 35 and Part 36);

• The 2010 ADA Standards for Accessible Design;

• The U.S. Access Board’s Public Rights-of-Way Accessibility Guidelines (PROWAG), as amended;

• Section 504 of the Rehabilitation Act of 1973;

https://procurement.opengov.com/portal/pasadena

• California Government Code § 4450 et seq.;

• California Code of Regulations (CCR), Title 24, including Chapter 11B of the California Building;

Code governing accessibility to public accommodations and commercial facilities;

• Any other relevant federal, state, or local regulations concerning accessibility and nondiscrimination.

These requirements apply to all aspects of the Contractor’s work, including but not limited to project or program design, facility access, pedestrian pathways, public right-of-way improvements, communications, and digital content or services.

2. Applicability of Accessibility Requirements

Accessibility compliance requirements apply when scope of work includes:

• Digital deliverables (i.e. websites, web applications, mobile applications, electronic documents, multimedia content)

• Physical infrastructure (i.e public facilities, pedestrian pathways, rights-of-way, shared use paths)

• Communication and program delivery (i.e. public meetings, outreach materials, surveys, customer service and payment platforms)

• Technology procurement or development (software, hardware, ICT systems)

If any portion of the work involves these elements, the Contractor must ensure full compliance with applicable accessibility standards.

3. Digital and Electronic Content

For all digital deliverables (including websites, documents, and applications), the Contractor shall ensure conformance with, at minimum:

• Web Content Accessibility Guidelines (WCAG) 2.1, Level AA, as amended[GS1] ; and

• Section 508 of the Rehabilitation Ace (29 U.S.C. § 794d), where applicable.

All digital materials must undergo both automated and manual accessibility testing, including usability reviews by individuals representing a wide range of functional disability types (e.g., visual, auditory, cognitive, motor), and, if required, remediated prior to final acceptance. Testing must include compatibility with commonly used assistive technologies (e.g., JAWS, NVDA, VoiceOver, ZoomText, Dragon NaturallySpeaking). The Contractor must provide documentation such as Voluntary Product Accessibility Template (VPAT) or equivalent Accessibility Conformance Report (ACR), detailing compliance and describing the testing methodology.

4. Public Rights-of-Way Accessibility (PROWAG)

Any design, construction, or alteration involving pedestrian facilities, sidewalks, curb ramps, crosswalks, or public rights-of-way must conform to the latest applicable version of the U.S. Access Board’s Public Rights-of-Way Accessibility Guidelines (PROWAG), as adopted by the U.S. Department of Justice, Department of Transportation, or other relevant authority.

5. Corrective Action and Liability

The Contractor shall be held responsible for correcting any noncompliant work or deliverables identified by the City of Pasadena or any enforcement agency, at no additional cost. The City of Pasadena reserves the right to withhold payment, suspend work, or terminate the contract for failure to meet accessibility requirements.

The Contractor shall indemnify and hold harmless the City of Pasadena, its officers, agents, and employees from any claims, damages, or liabilities arising from noncompliance with applicable accessibility laws or guidelines.

6. Certification of Compliance

By submitting a proposal, the Contractor certifies that it has reviewed and will comply fully with all applicable federal, state, and local accessibility laws, including the ADA, CBC, Title 24, and PROWAG, and will ensure that all subcontractors do the same.

23. Disclosure of Contracts with the U.S. Department of Homeland Security (DHS)

Purpose The information request will have no bearing on the evaluation of your response during the Evaluation stage. The information will be used by the City for administrative review and to support a one-year evaluation period of contracting and data-sharing practices. The City is requesting information to be included with your submittal. The form is to be uploaded in the Submittal/Checklist section. Submission of this form is encouraged to assist the City in understanding vendor relationships and informing future policy considerations. The City intends to maintain an open and collaborative dialogue with contractors and the community regarding data practices and transparency.

Disclosures:

Respondents are invited to disclose any current contracts, subcontracts, or agreements with DHS, including any related data-sharing arrangements. If provided, respondents may include:

• DHS agency or sub-agency (if applicable)

• General description of services

• Whether data-sharing with third parties is involved

If no such relationships exist, respondents may indicate “No.”

Questions related to the disclosure shall be asked and answered through the solicitation Question and Answer process. The completed disclosure form will be reviewed by and shared with the City Manager’s office. Please upload this form as part of the submittal checklist and email a copy to CMOContractsAssessement@cityofpasadena.net.

mailto:CMOContractsAssessement@cityofpasadena.net

5. Scope of Work

1. Scope of Work

PWP is seeking Proposed Projects for PWP's procurement of carbon-free energy generation resources that comply with all applicable California Energy Commission (“CEC”) rules and regulations under the California RPS programs. A Proposed Project may consist of one or more eligible carbon-free energy resources that meet the requirements of the current and subsequent editions of the CEC's Renewables Portfolio Standard Eligibility Guidebook (https://www.energy.ca.gov/programs-and-topics/programs/renewables-portfolio-standard/renewables-portfolio-standard-0).

6.1 . Carbon-free Resources

The selected Proposer will provide comprehensive carbon-free energy resources solutions, consistent with the City's commitment to reduce climate impact and to promote carbon-free resources. In no particular order, the focus will be on, but is not exclusive to:

1. Wind, including all air-flow technologies involving turbines of any type.

2. Geothermal, including all temperature-gradient technologies.

3. Hydro, including all mass-in-motion technologies involving fluids and hydro efficiency improvements.

4. Solar, including all photovoltaic and photo-optic technologies that directly convert sunlight to electricity. Any solar overbuild beyond 1.2 DC/AC ratio should be identified.

5. Solar Thermal, including all solar concentration technologies where a heat transfer medium is used to generate electricity.

6. Fuel cells or other technologies that utilize green hydrogen produced through electrolysis powered solely by carbon-free energy as their fuel source.

Proposed project(s) must produce energy that qualifies as Portfolio Content Category 1 (“PCC1”) energy under the CA RPS pursuant to PUC Sections 399.16(b)(1), (b)(2), and (b)(3), i.e., energy and associated Renewable Energy Credits ("RECs") for PCC1.

6.2 Delivery Point / Point of Delivery (“POD”)

Proposed Facilities must be located within PWP’s electric service territory. A map of PWP’s territory can be found at the following link: https://pwp.cityofpasadena.net/water/

Proposals considering multiple facilities on single or across multiple parcels are permitted, provided each single facility is larger than the minimum size threshold, as detailed herein.

Aggregated facilities may be metered separately and may require the Proposer to sign separate interconnection agreements and/or PPAs for each facility. Aggregated facilities should bid a single Term Sheet that accounts for the cost to develop, build, and operate all facilities.

https://www.energy.ca.gov/programs-and-topics/programs/renewables-portfolio-standard/renewables-portfolio-standard-0 https://www.energy.ca.gov/programs-and-topics/programs/renewables-portfolio-standard/renewables-portfolio-standard-0 https://pwp.cityofpasadena.net/water/

PWP’s electric service territory is located within the California Independent System Operator (“CAISO”) electric balancing authority area. If the Project is, at any time, required by the CAISO or any governmental authority or applicable law to interconnect to the CAISO-controlled grid, Proposer must consent to and cooperate with PWP’s handling of such interconnection on Proposer’s behalf, at PWP’s sole cost and expense. Such consent and cooperation shall include, without limitation, providing all information and documentation reasonably requested by PWP and/or the CAISO and executing any consents, authorizations, or other forms or agreements necessary for PWP to interconnect the Project to the CAISO-controlled grid on Proposer’s behalf. Additionally, Proposer must agree to provide all information reasonably requested by PWP and/or the CAISO related to the Project’s metering, scheduling, reliability and technical requirements to ensure compliance with CAISO rules. Proposer is not expected to interact directly with the CAISO.

6.3 Target Size

PWP will consider facilities larger than 200kW.

6.4 Commercial Operation Date (“COD”)

Proposed Projects must specify the COD. PWP is primarily seeking Projects with commercial operation or delivery start dates on or before December 31, 2028, and a delivery period of 20 years, though later COD or alternative delivery periods may be considered.

6.5 Scheduling

PWP will serve as the scheduling coordinator for the Projects with the CAISO, if applicable.

6.6 Emissions Performance Standard

Proposed Projects must comply with the Emissions Performance Standard (“EPS”) regulations adopted by the CEC (20 Cal. Code of Regulations, §§ 2900 et seq.) upon COD and throughout the term of the contract.

6.7 Curtailment Rights

Proposer should review and account for the provisions listed in the Term Sheet.

6.8 Capacity Rights

Proposer shall convey all available capacity rights associated with the Project and/or energy produced by the Project to PWP. Proposer shall provide PWP with attestations or information required for PWP to show evidence that it has procured and owns the capacity rights associated with the Projects.

PWP does not currently require that Projects satisfy the requirements of the CAISO Resource Adequacy program; however, PWP reserves the right to require that Projects seek to satisfy such requirements, at PWP’s sole cost and expense. In such event, Proposer shall consent to and cooperate with PWP’s handling of applicable Resource Adequacy certification and registration processes with the CAISO, on Proposer’s behalf, including, without limitation, by providing all information and documentation reasonably requested by PWP and/or the CAISO and executing any consents, authorizations, or other forms or agreements necessary for PWP to pursue CAISO Resource Adequacy certification and registration of the Project on Proposer’s behalf.

6.9 Environmental, Ancillary Services, Capacity, and Resource Adequacy Attributes

PWP will only consider proposals that provide PWP with all environmental, ancillary services, capacity, and resource adequacy attributes, available from the underlying resource, present or future (excluding income tax-related benefits). The Proposer may not sell any environmental, ancillary services, capacity, and resource adequacy attributes from the resource to any third parties other than PWP.

6.10 Renewable Portfolio Standard ("RPS") & Emissions Performance Standard ("EPS") Compliance

PWP requires that the Projects are certified to be RPS and EPS compliant within six (6) months of COD. Further, PWP requires the Proposer to take appropriate actions to cause the Projects to remain RPS and EPS compliant throughout the term of the PPA should there be a change in law that may render the Proposed Project non-compliant. This is a critical element of a carbon-free project or product for PWP. Please refer to the Term Sheet for information on this requirement.

6.11 Federal Tax Credit Assumptions

Proposals must include a detailed explanation of any pricing assumptions related to the project’s eligibility for Investment Tax Credits (“ITC”), Production Tax Credits (“PTC”), or other applicable federal or state tax incentives.