Design-Build_Services_for_a_Hydrogen_Fueling_Station_(Addendum_#9_Revision).pdf

REQUEST FOR PROPOSALS

DESIGN-BUILD SERVICES FOR A HYDROGEN FUELING

STATION

FOR THE

PUBLIC WORKS DEPARTMENT, ENGINEERING

CITY OF PASADENA, CALIFORNIA

Request for Proposals - Design-Build Services for a Hydrogen Fueling Station Release Date: Wednesday, April 8, 2026

Attachments:

A - Conceptual Drawings - Bridging Documents B - Performance Specifications/Project Manual - Bridging Documents D - City's Standard Form (Traditional) Design-Build Agreement, General Conditions, Selected Exhibits and Appendices (To be issued by Addendum) E - Geotechnical Report F - Soil Management Plan H - Health and Safety Plan I - Insurance Requirements N - Indemnity Agreement Form O - REQUIRED FORMS - AAs - SIG-LEGAL-STATUS - DECLARATION OF NONCOLUSION 08022024 v2

P - DISQUALIFICATION_DISCLOSURE

Q - AFFIDAVIT_OF_JOINT_VENTURE

R - CONFLICT_OF_INTEREST

S - Pasadena_Taxpayer_Protection_Amendment_Disclosure T - Public_Contract_Code_Disclosure U - Civil_Litigation_History_Certification_ver02 V - Declaration_of_Elibility_to_Contract_(not_debarred) W - Proof_of_Authority

X - DESIGNATED REPRESENTATIVES

Y - DB_Qualificiation_Statement Z - Subcontractor_Listing AA - AA Price_Proposal

1. Introduction

1. Summary

The City of Pasadena is seeking the services of a qualified design-build contractor ("Design-Builder" or "DB" or "Contractor" or "Proposer") to design, build, operate and maintain ("DBOM") a new stand-alone hydrogen-fueling station by requesting DB Qualification Statements, technical proposals, price proposals, and required completed forms and attachments in response to this RFP ("Proposals") from highly qualified and experience vendors with the capability, responsibility, experience, and accountability to design and construct a stand-alone hydrogen-fueling station that will use delivered liquid hydrogen ("LH2") as the primary storage medium that will support the City's planned fleet of fuel cell electric buses ("FCEBs") and described in greater detail in the City’s Bridging Documents, and Design-Build Documents enumerated in the City's Standard Form of Agreement. The City is seeking a Design-Builder that excels in five (5) key areas: project experience, team composition, project approach and methodology, financial strength, and safety record, while also demonstrating a collaborative mindset to achieve optimal value within the City's Project budget and required schedule.

A Selection Committee shall review the Proposals received and, based on the criteria identified in the RFP, and complete final scoring, pursuant to the Pasadena Municipal Code (“P.M.C.”) section 4.08.047, competitive selection, using the Design-Build alternative project delivery method. The Proposer recommended for award of the contract will be evaluated and determined on a best value basis, based on qualifications, organization/team composition, technical proposal, financial strength, safety record, local business, small business, price proposal, and interview scores.

The Project shall utilize a single-phased delivery process and award a Stipulated Sum Design-Build Contract.

The Project is funded, in part, by the California Energy Commission’s Clean Transportation Program, EnergIIZe, and the California State Transportation Agency’s Transit and Intercity Rail Capital Program (“TIRCP”) grants, which requires Contractors and Subcontractors to follow TIRCP requirements as detailed in the Design-Build Documents, which include compliance with 2 CFR 200 for Proposals and and the Contract, Generally Accepted Accounting Principles, audit, record retention, reporting, and non-discrimination.

Project Timeline

Estimated Cost of Design-Build Scope of Work $16,000,000

Estimated Commencement of Design Phase (6 month duration) July 2026

Estimated Notice to Proceed (NTP)- Construction Work Commencement (20 month duration) February 2027

Construction Work Substantial Completion (Partial Occupancy or Use)* September 2028

Construction Work/Commissioning Complete* December, 2028

*The Project must reach Substantial Completion by No Later Than ("NLT") September 2028 to ensure a seamless transition and uninterrupted operation of Pasadena Transit's services.

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.

In 2023, the City adopted the Pasadena Zero Emission Bus (ZEB) Rollout Plan, which identified the fleet replacement schedule to implement ZEB technology and needed infrastructure. As part of the plan, the City’s fixed route, Pasadena Transit, will consist primarily of fuel cell powered buses using hydrogen. The proposed hydrogen fueling station will be located at 159 S Kinneloa Ave, Pasadena, CA 91107 and will provide the ability to refuel the future zero emission hydrogen fleet.

3. Contact Information

Deadline for Questions

The deadline to submit questions related to this solicitation is May 22, 2026 prior to 2pm.

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.

Cesar Guevara Project Manager Email: cguevara@cityofpasadena.net Phone: (626) 744-4185 Department:

Public Works Department, Engineering

4. Timeline mailto:cguevara@cityofpasadena.net tel:(626)744-4185

Release Project Date April 8, 2026

Pre-Proposal Meeting (Non-Mandatory) April 23, 2026, 10:00am

Microsoft Teams meeting Join:

https://teams.microsoft.com/meet/274012620 132169?p=1BknEC0GyjIJDfaH5F Meeting ID: 274 012 620 132 169 Passcode: 2L93Fa7G

Job Walk (Non-Mandatory) April 29, 2026, 9:00am

159 S. Kinneloa Ave, Pasadena CA

Job Walk (Mandatory) May 14, 2026, 9:00am

159 S. Kinneloa Ave, Pasadena, CA 91107

Question Submission Deadline May 29, 2026, 2:00pm

Proposal Submission Deadline July 22, 2026, 2:00pm

Public Works Department, 100 N. Garfield Avenue, Suite N306 Pasadena, CA 91101 https://teams.microsoft.com/meet/274012620132169?p=1BknEC0GyjIJDfaH5F https://teams.microsoft.com/meet/274012620132169?p=1BknEC0GyjIJDfaH5F

2. General Instructions

1. Notice Regarding Disclosure of Contents of Response Documents

All responses to this Request for Proposals (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. Eligibility Requirement - Licensure

Proposer must possess and provide the following licenses or registrations to be deemed qualified to perform the work specified:

Proposer must hold an active license issued by the California Contractors State License Board in the following classification(s):

Class A (General Engineering Contractor) or B (General Building Contractor)

Lead Architects and Engineers must hold an active licenses in the State of California

3. Electronic Submission and Delivery Instructions

Parties interested in responding are required to submit Proposals electronically through the City of Pasadena's eProcurement Portal prior to 2:00 pm on Wednesday, July 22, 2026. Please upload all 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 the Request for 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 75 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.

https://procurement.opengov.com/portal/pasadena https://procurement.opengov.com/portal/pasadena/projects/232604/document?section=2208891 https://procurement.opengov.com/portal/pasadena/projects/232604/document?section=2208901 https://procurement.opengov.com/portal/pasadena/projects/232604/document?section=2208891

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

4. Technical Proposal

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.

5. 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 Proposals through the City's eProcurement Portal.

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 the detailed price for which the Proposer will commit to complete the total scope of work and end products. The Price Proposal detail shall describe costs for each professional’s time, for the completion of each Proposed task, and for all materials and supplies.

The fee information is relevant to a determination of whether the fee is fair and reasonable in light of the services to be provided. Costs shall include the proposed costs and, if necessary, the approximate number of hours to provide the services as described in your Proposal. Any additional fees outside the Scope of Services in the Bridging Documents must be approved in writing before commencing services for said fees. Proposer’s RFP response must be inclusive of all costs and expenses associated with travel, lodging, and any other incidental costs. The City will not separately reimburse costs not included in the Proposal.

Reference PRICE PROPOSAL.

Each Proposer must submit a PRICE Proposal containing all costs associated with the Technical Proposal. Using the attached Price Proposal in this RFP, provide Proposer’s lump-sum price for performing all services and work called for in the Owner’s Bridging Documents. The Proposer’s lump-sum price shall include, without limitation

• all designs, equipment, materials, labor, insurance and bond premiums, home 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);

performance of each and every portion of the work

• all costs of obtaining Government approvals other than Government approvals that are the responsibility of the City of Pasadena;

https://procurement.opengov.com/portal/pasadena/projects/232604/document?section=undefined https://procurement.opengov.com/portal/pasadena/projects/232604/document?section=undefined https://procurement.opengov.com/portal/pasadena/projects/232604/document?section=undefined

• all costs of compliance with Government rules, except to the extent such compliance is the responsibility of the City of Pasadena;

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

SCOPE OF WORK;

payment of all salaries, wages, benefits, and expenses of the Proposer’s employees;

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

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

• all ProForma Submission Requirements (if required)

Additive alternate prices will be included in the evaluated price and scored using the same Ratio Method, meaning each Proposer’s total cost (base bid plus all additive alternates) will determine the scored price points.

6. Pre-Proposal Meeting

See the "Timeline" in the Introduction section (#Introduction). If there is a mandatory Pre- Proposal meeting, Proposers are required to attend at the time, date, and location included in the Timeline. If there is a non-mandatory Pre-Proposal meeting, Proposers are not required to attend but are encouraged to do so.

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

7. Definitions

Except as otherwise defined herein or in the City’s Standard form of Agreement, all abbreviations and definitions of capitalized terms used in this RFP are set forth in modified AIA Document A201

– 2017 – General Conditions of the Design-Build Contract (“A201”) or (“General Conditions”).

The words (A) "City", (B) "Department", (C) "Director", or (D) "Design-Builder”, or "DB" or “Contractor", as used in this RFP, shall be understood to refer respectively to (A) the City of Pasadena; (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/232604/document?section=2208893

3. Scope of Work

1. Scope of Work

The Scope of Work for the Project as detailed in the Owner’s Bridging Documents, which includes the following design-build services to implement a Hydrogen Fueling Station at 159 S Kinneloa Ave, Pasadena, CA 91107 to fuel Fuel Cell Electric Buses (FCEBs): (1) preparation and submission of Conditional Use Permit (CUP) documents (2) preparation of the final design documents and acquiring all necessary permits, (3) procure all required equipment and construct the station in accordance with the final design documents (4) develop and execute on a comprehensive commissioning plan and complete station functional testing, (5) conduct safety training for first responders and City of Pasadena staff and operations training staff, and (6) provide operations, maintenance, and support the station for a duration of three years.

The Design-Builder ("DB" or “D-B” or “DBE”) will design and construct a stand-alone hydrogen fueling station that will use delivered liquid hydrogen ("LH2") as the primary storage medium and as described further in RFP Attachments A & B, Owner’s Bridging Conceptual Documents/Project Manual. The station will support the needs for the City of Pasadena Department of Transportation and its planned fleet of FCEBs. The LH2 station shall be constructed on a design-build-operate-maintain basis, which calls for the Design-Builder to prepare a set of engineered and approved construction drawings for all required disciplines.

The DB shall be responsible for the provision and quality of all services, including those provided by consultants, Subcontractors, suppliers, and vendors. The DB shall ensure that the duties set forth in Attachment A & B - Owner’s Bridging Documents/Conceptual Documents and Project Manual are fulfilled. The DB shall communicate with and receive directions from the City through the Director, or his/her designee, and from other entities as directed by the Director, or his/her designee.

The DB, with support from the City of Pasadena, will finalize and prepare an architectural, engineering and construction plans, specifications and cost estimate package for the Project consisting of mechanical, civil, and electrical (and other disciplines as needed) drawings and supporting documents. This process will go through three (3) phases of design review:

conceptual/schematic (30%), preliminary/design development (60%), and draft final (90%) Construction Documents. DB will be expected to work with the Center For Hydrogen Safety at the 30% and 60% design stages. DB will also obtain all required permits from applicable Authorities Having Jurisdiction (“AHJ”).

DB will complete site preparation and site construction including all civil, mechanical, and electrical work. DB will be responsible for procuring and installing all fueling equipment and make it ready for commissioning.

DB will be responsible for developing and executing a comprehensive commissioning plan. The commissioning plan must be submitted to the City of Pasadena in advance of station commissioning. DB will test all equipment (storage, compression, storage and dispensing), control systems, and high-pressure lines, and conduct test for purity and particulate contamination. Equipment operations and station calibration will be tested and adjusted using City of Pasadena Department of Transportation buses. Design-Builder will conduct a back-to-back fueling performance test to validate that the station's performance meets contractual requirements.

DB will provide safety training to City of Pasadena staff and first responders. DB must provide all necessary training to enable the safe, efficient, and effective fueling of transit buses at the station.

DB shall provide maintenance and support services for the station for three (3) years, and meeting City of Pasadena Department of Transportation's performance and uptime requirements.

2. Firms Associated with the Project

The City of Pasadena engaged the following firms to provide Owner’s Bridging Documents for the Project:

• Stantec

The firm(s) noted above have been associated with this Project and are provided for informational purposes only. This information is not intended to be relied on for purposes of compliance with any conflict-of-interest rules or applicable laws or regulations affecting this Project. The Proposer is solely responsible for due diligence in identifying and avoiding all potential conflicts of interest related to contracting for, and construction of this Project.

3. SELF-PERFORMED WORK

DB is permitted to self-perform the Work or a portion of the Work, provided that the self-performed work is competitively bid pursuant to City-approved subcontractor bidding procedures and for trade Bid Packages approved by the City prior to bidding such work. See additional requirements in Agreement Section 7.8, Agreement Article 9, and Exhibit F to the Agreement.

4. Insurance Requirements

1. Insurance Requirements

Refer to the attached insurance requirements.

5. 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. Design-Builders 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, Design-Builder 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 Design-Builder

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. 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.

5. 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/

6. 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.

7. Acceptance of Conditions https://www.cityofpasadena.net/finance/licenses/business-licenses/ https://invoice.cityofpasadena.net/PortalGuide.pdf

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.

8. 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.

9. 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.

10. 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.

11. 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.

12. 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.

13. Taxes

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

14. Certificate of Insurance

Proof of Design-Builder’s ability to obtain the required 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 including those referenced in attachments to this RFP and as Exhibits to the Agreement. Additionally, a project-specific Certificate of Insurance together with required endorsements is a condition to Owner’s issuance of a notice to proceed.

15. Request for Taxpayer Identification Number and Certification (IRS Form W-9) 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

The Proposer submitting 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

16. No Limitations on Liability

Proposers acknowledge that they shall provide the Design Services and Construction Work without monetary limitations on liability. Bidders acknowledge that any exceptions may result in a finding of non-responsiveness.

17. 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.

18. Availability of Funds

The provisions of the Contract relating to payment for products or services shall become effective when funds assigned for the purpose of compensating the Design-Builder 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 the 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, the Contract, the City may amend, suspend, decrease, or terminate its obligations under, or in connection with, the 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 the Contract.

19. 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.

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

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 Design-Build Services for a Hydrogen Fueling Station 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 this RFP, exhibits, and attachments s any time prior to Deadline for Proposal Submissions. Any changes shall be in the form of Addenda and will become a part of the RFP and of the Contract.

Addenda shall be acknowledged via the City's eProcurement Portal. Proposers can view a list of addenda released by the City by clicking on "Addenda & Notices". Proposers must acknowledge each Addenda by following the instructions on "Addenda Confirmation" section.

20. UNNECESSARILY ELABORATE INFORMATION

Clarity and completeness are encouraged. Repetition and duplication of information in multiple locations is discouraged.

Unnecessarily elaborate brochures, visual or other presentations, art work and paper and binding beyond those sufficient to present a complete and effective Proposal are neither necessary nor desired, and are strongly discouraged.

The Proposal shall not include any promotional material of any kind.

6. City Requirements (Continued)

There are forms included in the section named Submittal/Checklist of these specifications which a Proposer must complete to establish compliance with a number of City Requirements, including, but not limited to, equal employment opportunity and declaration of non-collusion.

These forms and their instructions should be considered an integral part of the RFP and failure to complete them may be grounds, in the sole discretion of the City, for rejection of any Proposer.

1. CONSTRUCTION AND DEMOLITION WASTE MANAGEMENT ORDINANCE

Construction and Demolition Waste Management Ordinance - In addition to complying with all applicable federal, state and local laws and regulations, the Design-Builder shall take note of the specific requirements of the Construction and Demolition Waste Management Ordinance, Pasadena Municipal Code Chapter 8.62. The Design-Builder 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 Design-Builder 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 Design-Builder 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 Design-Builder 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/

2. Construction During the Period of November 15 through January 3

Attention is directed to Chapter 12.24 of the PMC, Excavations, and the Board of Directors (City Council) Policy Statement in Motion 25405 dated September 5, 1967. In general, all streets shall be free and clear of excavations and other construction during the period of November 15th through January 3rd for business districts, and December 15th through January 3rd for other areas. Accordingly, the Design-Builder 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 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.

3. Stormwater Management and Discharge Control

In addition to complying with all applicable federal, state and local laws and regulations, the Design-Builder shall take note of the specific requirements of the Stormwater Management and Discharge Control, Pasadena Municipal Code Chapter 8.70. The Design-Builder shall comply with all provisions of the Stormwater Management and Discharge Control Ordinance, also known as NPDES Requirements, as a material part of the work under this Contract.

4. NPDES Requirements

In addition, the Design-Builder 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 Design-Builder 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.

mailto:canddrecycling@cityofpasdena.net http://www.cityofpasadena.net/public-works/engineering-and-construction/construction-and-demolition-debris-recycling/ http://www.cityofpasadena.net/public-works/engineering-and-construction/construction-and-demolition-debris-recycling/

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.

5. STANDARD SPECIFICATIONS

In connection with contracts related to the subject “Proposal,” and except as otherwise provided below, all work shall be done in accordance with the provisions of the 2024 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 March 2023, 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.

6. PAYMENT

Section 9-3 of the “STANDARD SPECIFICATION FOR PUBLIC WORKS CONSTRUCTION” is hereby replaced See Agreement and General Conditions for Final Payment.

7. CONTRACT BONDS

No Proposal Security Bond is required. The Proposer to whom the Contract is awarded shall file the bonds specified in the Agreement and A201. For purposes of calculating the penal amounts of the payment bond and the performance bond (City’s standard forms to be issued by Addendum), the Contract Sum excludes the cost Design Services.

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

8. Local Preference

The City of Pasadena is committed to promoting the economic health and well-being of its residents. To this end, Design-Builder 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 Design-Builder 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, Design-Builder 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.

7. General Requirements

1. Standard form of Contract

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 (by Addendum) 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.

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 (4) months after the Proposal Submissions Deadline.

3. PREFERRED RELEVANT EXPERIENCE

Provide experience with governmental agencies for three (3) projects/contracts of similar scope and size in the Proposal Qualification including up to five (5) references within seven years of clients for who services have been performed to demonstrate experience with projects/contracts of similar scope and size to that which is to be performed.

4. 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.

5. Documents to be construed together

The RFP, the Proposal, the Non Collusion Declaration, and all documents referred to in the Design-Build Documents and the Contract to be entered into between the Design-Builder and the City, and all modifications of said documents, shall be construed together.

6. 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.

7. 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.

8. Request for Proposals (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.

9. 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 authorized City Representative in writing before work is started.

10. Taxpayer Protection Act

Under the provisions of the City of Pasadena Taxpayer Protection Act ("TPA"), the Design- Builder/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 Design-Builder for a specified time.