Distributed_Energy_Resource_-_Rooftop_Wind_Microturbine_Project.pdf

REQUEST FOR PROPOSALS

DISTRIBUTED ENERGY RESOURCE - ROOFTOP WIND

MICROTURBINE PROJECT

FOR THE

WATER & POWER DEPARTMENT, POWER SUPPLY

CITY OF PASADENA, CALIFORNIA

Request for Proposals - Distributed Energy Resource - Rooftop Wind Microturbine Project Release Date: Monday, April 6, 2026

Attachments:

A - Master Services Contract B - REQUIRED FORMS - AAs - SIG-LEGAL-STATUS - DECLARATION OF NONCOLUSION 08022024 v2

D - DISQUALIFICATION_DISCLOSURE (4)

E - CONFLICT_OF_INTEREST (5)

F - Pasadena_Taxpayer_Protection_Amendment_Disclosure (2) G - DoIT Technical Questionnaire H - DESIGNATED REPRESENTATIVESdocx N - Professional-Services-Insurance Requirements O - Technical Requirements of DER Wind Microtubine Project P - DER_Wind_Microturbine_Site_Details Q - APPA ATTACHMENT A_2718_Pasadena_DEED_Grant_Agreement

1. Introduction

1. Summary

The City of Pasadena through its Department of Water and Power (PWP) is inviting proposals for the design, engineering, permitting, procurement of materials, writing of a construction bid request, and maintenance of a rooftop wind turbine that can produce at minimum 5 kW to be installed on a municipally owned building in the City Maintenance Yards. The objective for this solicitation process and subsequent resource acquisition is to select a private entity to develop this distributed energy resource (DER) rooftop wind turbine for operation by PWP. Proposals must include the purchase price of the wind turbine unit and the engineering required to properly install and operate this unit. Construction is not a part of this solicitation and will be sub-contracted out by the City.

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.

Under its municipal charter, the City has operated a Water and Power Department since the early 20th Century. Currently, PWP delivers about 1.1 million megawatt-hours ("MWh") of energy annually to 68,000 retail customers, with a historical peak load of about 330 Megawatts ("MW"). PWP has assembled a portfolio of generating resources including gas-fired, large and small hydro, coal, nuclear, solar, wind, geothermal, and landfill gas; and holds partial shares of several of the resources to benefit from economies of scale and to share risks. PWP owns the gas-fired units at the Glenarm Power Plant, a share of the Magnolia gas-fired unit in Burbank through an agreement with the Southern California Public Power Authority ("SCPPA"), and the Azusa Hydroelectric Plant. Other resources are purchased under long-term contracts. In addition, PWP has ownership and contract rights on various transmission lines, which were operationally transferred to the California Independent System Operator ("CAISO") in 2004 when Pasadena became a Participating Transmission Owner ("PTO"). Decisions of the Pasadena City Council over the last ten years have demonstrated a commitment to accelerate the shift of Pasadena's energy supply portfolio to carbon-free and renewable resources. As a result, PWP’s 2018 Integrated Resource Plan ("IRP") and 2021 IRP Update have led to Renewable Portfolio Standard ("RPS") targets and greenhouse ("GHG") reduction targets that exceed state mandates. Pasadena has also adopted a Climate Action Plan and is a leader in promoting energy efficiency. Most recently in 2023 Pasadena adopted a climate emergency resolution declaring climate change an emergency and setting a goal to source 100% of electricity from carbon-free sources.

Following one of the recommendations identified in the 2023 IRP, PWP is pursuing a robust Distributed Energy Resource (DER) plan aimed at increasing the number of DER installations in the city. The most common DER projects are solar and batteries which leaves room for improvement in resource diversity which rooftop wind turbines will satisfy. DER wind turbines are an emerging technology that greatly complements solar as it has the capability of producing during all hours of the day and in this region will tend to have a higher production during the night when solar is not producing. This pilot project will install a small installation of these units to see if our area is an acceptable location to install wind or vice-versa which will help inform our DER plan and what our customers will consider installing for themselves.

3. Contact Information

Deadline for Questions

The deadline to submit questions related to this solicitation is Friday, May 8, 2026, prior to 12:00 pm.

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

Mark Webster Resource Planner 1 Email: mwebster@cityofpasadena.net Phone: (626) 744-3928 Department:

Water & Power Department, Power Supply

4. Timeline

Release Project Date April 6, 2026

Site Walk (Non-Mandatory) April 24, 2026, 10:00am

245 W. Mountain Ave. Pasadena, CA 91103

Question Submission Deadline May 8, 2026, 12:00pm

Proposal Submission Deadline May 22, 2026, 12:00pm mailto:mwebster@cityofpasadena.net tel:(626)744-3928

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 12:00 pm on Friday, May 22, 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/234425/document?section=2228559 https://procurement.opengov.com/portal/pasadena/projects/234425/document?section=2228568 https://procurement.opengov.com/portal/pasadena/projects/234425/document?section=2228559

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.

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 consultant 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 the agreement must be approved in writing before commencing services for said fees. Vendor’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.

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 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 SCOPE OF WORK. 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 https://procurement.opengov.com/portal/pasadena/projects/234425/document?section=undefined https://procurement.opengov.com/portal/pasadena/projects/234425/document?section=undefined

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

• 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)

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/234425/document?section=2228560

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.

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. Price Adjustment Clause

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

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 City Project Manager in writing before work is started.

10. 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/

11. 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

12. 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.

13. 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 sample of the contract the successful vendor will be required to enter into with the City is attached hereto and by this reference incorporated herein and made part of this solicitation.

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 Distributed Energy Resource - Rooftop Wind Microturbine Project in order to be included in the "Followers" list in the City's eProcurement system to insure they receive all documents including addendums which are available as a download.

The 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.

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

5. Insurance Requirements

1. Insurance Requirements https://www.cityofpasadena.net/finance/wp-content/uploads/sites/27/Professional- Services.pdf?v=1623280176766 https://www.cityofpasadena.net/finance/wp-content/uploads/sites/27/Professional-Services.pdf?v=1623280176766 https://www.cityofpasadena.net/finance/wp-content/uploads/sites/27/Professional-Services.pdf?v=1623280176766

6. Information Technology Requirements

1. Data Ownership

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

2. Data Sovereignty

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

3. Data Security

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

4. Compelled Data Disclosure

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

5. Data Storage

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

6. Data Deletion

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

7. Artificial Intelligence (AI) Usage Disclosure

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

8. Prohibition on Use of City Data for AI Training

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

9. AI Feature Transparency and Choice

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

10. Technical Questionnaire Form

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

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

• Section 4.0 must be completed for externally hosted/SAAS applications; and

• Section 5.0 must be completed for City hosted/on-premises software

7. Scope of Work

1. Scope

7.1.1 Summary

As part of The City of Pasadena’s (City) carbon-free goals, Pasadena Water and Power (PWP), a department of the City, is seeking a Qualified Developer (Developer) with which to collaborate in the design and procurement of a Distributed Energy Resource Wind Microturbine facility on a City-owned property (Project). The Scope Of Work (SOW) includes surveying and evaluating the municipally owned building located at 1116 Glen Avenue, Pasadena CA, 91103 (Site) for its technical feasibility to support the Project, designing, engineering, procurement of all necessary equipment and materials, completion of a Construction Bid Specification document to be used in a subsequent construction bid request, construction support and maintenance plan for the designed Project.

It is the intent of the City to award a Design-Procure contract for the design, procurement of long-lead time materials and equipment, and development of a maintenance plan for the proposed Project and reserves the right to amend, separate, or remove services. PWP hopes to work collaboratively with the Developer to design the Project through an iterative process. PWP will rely on the expertise and industry experience of the Developer to ensure that the Project is a well-designed and cost-effective solution.

It is the also the intent of the City to own and operate the Project after reaching Commercial Operation Date (COD), with the Developer performing any necessary maintenance under a Long- Term Service Agreement (LTSA) for up to 5 years after COD.

The Project will be located on the northern edge of the roof of the Site and will have a minimum size of 5 kW. The maximum size will be determined by the number of units the Developer can reasonably and safely fit on the available rooftop without the need for uneconomic upgrades to the building’s electrical system. The Project will interconnect to the building's electrical system, which will be up to 277/480 volts. Details of the Site and available square footage of the roof space appear in ATTACHMENT P “Site Details”

The work done under this SOW will support the City’s actions towards achieving the carbon-free goals of City Resolution 9977, as identified in Pasadena’s Optimized Strategic Plan, by exploring new and emerging technologies to accelerate the deployment of local carbon-free and distributed energy resources.

This project is partially funded by the American Public Power Association's (APPA's) Demonstration of Energy and Efficiency Developments (DEED) grant program and is subject to their requirements. By submitting a proposal to this RFP, you agree to follow their requirement and to sign ATTACHMENT Q " APPA Attachment A" including the below:

• (a) to maintain books, records, and other documents and appropriate accounting procedures and practices sufficient to reflect receipt and disposition of project funds and total costs (direct and indirect of the project, to retain such books, records, and other documents until the expiration of three years from the date of final payment or completion of the project, and permit inspection and audit of such books, records, or other documents by APPA or its contractors;

• (b) not to delegate or transfer to another party the responsibility for carrying out the project or the use of project funds unless approved in writing by APPA and Grantee;

• (c) to notify the Grantee and APPA of all proposed major project changes (such as those identified in Section 6 of this Agreement) in a manner consistent with the provisions of that Section, and to provide an opportunity for APPA and Grantee to disapprove any such changes in a manner consistent with the provisions of Section 6 of this Agreement;

• (d) not to terminate the project except for the material breach of APPA that remains uncured after advance written notice to APPA and a reasonable opportunity to cure the breach, and if APPA or Grantee finds, in their reasonable discretion, that the subcontractor has terminated the project work for any other reasons, all funds paid by Grantee to the subcontractor shall be returned, at the discretion of APPA, to Grantee or to APPA;

• (e) to return unexpended funds to Grantee or APPA, as determined by APPA, in the event that the work is terminated for APPA's material breach or the work is completed prior to expenditure of all funds; and

• (f) to expressly agree that APPA owns all intellectual property rights in the project by having each subcontractor sign Attachment A [ATTACHMENT Q "APPA Attachment A"] .

which acknowledges that all information, materials, and work product, including reports, abstracts, videos, guidebooks, software programs, documentation, and other deliverables created by a subcontractor pursuant to his Agreement ("Subcontractor Work Product") shall be considered a "Work Made for Hire" as defined in the Copyright Act of 1976, as amended, and the property of APPA.

There will be a site walk to view the site on the date listed in the timeline section of this RFP.

Please notify us through OpenGov if you are attending so that you may be let in past the guard station. Any Developer who does not notify may be left outside the site and unable to attend the site walk. Additionally it will be requested that any attendees sign a liability waiver to attend this site visit, which will be provided at the site walk unless requested ahead of time. This site walk is not mandatory but the Developer is responsible for ensuring they have all the information needed to submit a complete responsive proposal.

7.1.2 Suitability of Site

Although PWP has conducted an initial evaluation of the proposed Site for potential feasibility, it shall be the responsibility of the Developer to verify that the Site identified in Section 7.1.1 of this RFP is suitable for its proposed wind turbine Project. The Developer shall be responsible for identifying any work required to make the Site suitable for the rooftop wind turbine. Site information is available in ATTACHMENT P “Site Details” of this RFP. The Developer shall use the documentation provided in this RFP, other sources, and field evaluations to make its own assessment regarding the site’s conditions and suitability for the planned use. This assessment shall also consider the environmental permitting requirements described in Section

7.1.8 of this RFP. The Project Developer assumes all risk resulting from any change in conditions that may occur during the progress of the work or implementation of the executed contract.

PWP shall have no responsibility in implementation of an executed contract that includes insufficient data, incorrectly assumed conditions concerning the character of the site, or the nature of the work to be done under the executed contract.