Automated_Door_Inspection,_Maintenance_&_Repair_Services.pdf

Informal Selection - Automated Door Inspection, Maintenance & Repair Services Release Date: Friday, October 25, 2024

City of Pasadena Public Works Department, BSFMD

Informal Selection for Automated Door Inspection, Maintenance & Repair Services

2024-Informal-0648

1. Introduction

The City of Pasadena is soliciting bids from qualified contractors for the maintenance, repair, and servicing of automated door systems located at various municipal facilities. The goal of this contract is to ensure that all automated doors remain fully operational, compliant with relevant building codes, and provide safe, reliable access for employees, visitors, and the public.

This contract will cover a range of automated door systems, including but not limited to sliding doors, swinging doors, and ADA-compliant doors. Routine maintenance, as well as emergency repair services, will be required to minimize downtime and ensure uninterrupted facility operations.

Qualified bidders must demonstrate extensive experience in servicing automated door systems in commercial or public facilities and possess relevant industry certifications (e.g., AAADM certification).

Contractors are also expected to adhere to industry best practices, ensure compliance with all applicable safety standards, and maintain open communication with designated city representatives.

This bid specification outlines the scope of work, service requirements, response times, and performance expectations. The awarded contractor will be expected to provide prompt, professional service to maintain the safety, security, and accessibility of all affected facilities.

1. Summary

The City is seeking quotes or proposals for Automated Door Inspection, Maintenance & Repair Services as outlined in this SOLICITATION. The Contractor may need to meet other certain minimum qualifications to propose on this specification.

2. Contact Information

Deadline for Questions

The deadline to submit questions related to this solicitation is Friday, November 1, 2024, prior to 3:00 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.

Vendor Registration Instructions & Customer Service information:

Click here to register on the City's eProcurement Portal.

If you are already registered and need help logging in or retrieving your user information use the blue chat bubble on the lower right hand corner of the screen.

Additional instructions are included in this solicitation (See section named "Instructions for Registering onto the City's eProcurement Portal.

Customer Service

For assistance with e-bidding or uploading documents: Contact Open Gov via the blue chat bubble

Monday through Friday 5am - 5pm PST, except statutory holidays

Guillermo Mendoza Maintenance Inspector Email: gmendoza@cityofpasadena.net Phone: (626) 744-6987 Department:

Public Works Department, BSFMD

3. Timeline

Release Project Date October 25, 2024

Question Submission Deadline November 1, 2024, 3:00pm

Submission Deadline November 7, 2024, 3:00pm

2. Instructions

1. NOTICE REGARDING DISCLOSURE OF CONTENTS OF DOCUMENT

All responses to this solicitation accepted by the City of Pasadena (City) shall become the exclusive property of the City. At such time as the City recommends a contractor, and such recommendation, with any recommended contract, 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 https://procurement.opengov.com/portal/pasadena mailto:gmendoza@cityofpasadena.net tel:(626)744-6987

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

AAADM Certification

3. TERMS AND CONDITIONS OF PURCHASE ORDER CONTRACT

TERMS AND CONDITIONS OF PURCHASE ORDER CONTRACT

https://www.cityofpasadena.net/wp-content/uploads/sites/27/Terms-Conditions-of-Purchase- Order.pdf

4. Contract Duration

The Contract resulting from this proposal is scheduled to start 10/24/2024. The Contract resulting from this proposal is scheduled to end 6/30/2024.

5. Evaluation of Bid

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

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. Quantities

The quantities contained in the documents are approximate only and are for the sole purpose of comparing proposals. The City may, in accordance with the specifications, request additional goods or 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 goods or services actually provided as determined by the City and accepted at the unit prices noted in the proposal.

8. Standard terms and conditions https://www.cityofpasadena.net/wp-content/uploads/sites/27/Terms-Conditions-of-Purchase-Order.pdf https://www.cityofpasadena.net/wp-content/uploads/sites/27/Terms-Conditions-of-Purchase-Order.pdf https://www.cityofpasadena.net/wp-content/uploads/sites/27/Terms-Conditions-of-Purchase-Order.pdf

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 SOLICITATION are strongly advised to review all the terms and conditions of the contract, and shall be deemed to have accepted them.

9. Funding Source

This procurement is funded by: City of Pasadena. Vendors must submit all required document with their proposal.

10. COST PROPOSAL: Cost Proposal Submittal

Parties interested in responding are required to submit their Cost Proposal with their Technical proposal (if one was required).

The pricing must include the total price proposed to accomplish all the performance and deliverables requested in this SOLICITATION, and offered by your firm. Each Proposer must submit a Price Proposal containing all costs associated with the technical proposal. The cost 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 cost 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 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.

11. Definitions

The words (A) "City", (B) "Department", (C) "Director", or (D) "Contractor", as used in this SOLICITATION, 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.

12. 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 SOLICITATION, he/she may submit to the City representative(s) identified in the subsection named "Deadline for RFP Questions," above, a written request 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 Section 3, above. Addenda (if any) shall be made available to each Proposer. A proposer’s failure to address the requirements of any and all addenda may result in the proposal 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 Proposer is responsible to register with “OpenGov” at www.cityofpasadena.net to insure they receive all SOLICITATION 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.

13. Ordering Authority

Work orders of products or services will be placed in writing by Guillermo Mendoza, Maintenance Inspector ((626) 744-6987; gmendoza@cityofpasadena.net). Any work orders made through any other methods or by any other individuals may be accepted.

14. RELEVANT EXPERIENCE

Provide experience with governmental agencies for two projects/contracts of similar scope and size.

Complete and submit the attached Relevant Experience Form with your proposal to demonstrate experience with projects/contracts of similar scope and size to that which is to be performed.

15. WARRANTY

Contractor shall provide factory warranties on all materials furnished against defects in materials and/or workmanship. The factory warranty shall become effective on the date of delivery and acceptance by the City. Should any defect in materials or workmanship appear during the warranty period, the Contractor shall repair or replace the same at no cost to the City.

16. DEFECTIVE MATERIALS:

Any materials not conforming to requirements of this Specification shall be considered defective. All such materials, whether in place or not, shall be immediately removed from the site of the work. Any defective materials installed shall be removed and replaced by the City and all costs of removal and replacement shall be deducted from any amounts due or to become due to the Contractor. No rejected materials, the defects of which have been subsequently corrected, shall be used.

17. RECEIVING AND INSPECTION

Deficient parts will be rejected and the Contractor will be required to make the necessary adjustments or replacements. It shall be the Contractor’s responsibility to pick up any rejected parts, make the necessary corrections, and re-deliver at no additional cost to the City.

18. Equivalents to Specifications

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

During the question and answer period for this solicitation (Automated Door Inspection, Maintenance & Repair Services; 2024-Informal-0648), the City reserves the right to determine whether equivalents meet the bid specifications of the City, and are equal to the manufacturer specified or the stated technical specifications. The decision of the City regarding equality shall be final.

3. Specification

1. Description of Service

The City of Pasadena Public Works Department Building Systems and Fleet Management Division (PW- BSFMD) is seeking a vendor to provide automated door inspection, maintenance and repair services.

2. Additional Information

Please review any yes/no requirements listed under the "Submittals/Checklist" section. If a vendor fails to meet these requirements or leaves them blank, they may be deemed non-responsive. Direct all correspondence and questions to the contact information provided in the "Introduction" section.

• Pricing must be valid from July 2024 to June 2025.

• Any incomplete bid will be ruled unresponsive and may not be considered for an award.

• The apparent lowest bidder will be REQUIRED to provide documents listed under "Submittals/Checklist."

The awarded vendor will be expected to upload invoices electronically to the City's invoice submission portal (refer to the "City Requirements" section).

• Invoices must be submitted no later than 7 days after the required delivery or completion date.

• Each invoice MUST clearly specify the PO number, order information, and a detailed description of the goods and/or services provided.

PLEASE REFER TO THE ATTACHMENT FOR SAMPLE INVOICE SUBMISSIONS TO PW-BSFMD.

3. Service Bid Requirements

Bidding vendor must meet the following requirements to be considered a responsible bidder:

A. Must be able to maintain, repair, and inspect various automated & sliding door systems citywide

B. Must be American Association of Automatic Door Manufacturers (AAADM) certified

C. Must be able to respond to emergency requests within 24 hours

D. Must include labor in parts and material bid pricing in line items 4-18

4. Scope of Work

Scope of Work for Automated Door Inspection, Maintenance & Repair Services

1. Summary

The City of Pasadena, California, is seeking proposals for Automated Door Inspection, Maintenance & Repair Services to ensure the functionality and safety of all automated doors within City-owned facilities. These services will entail routine inspections, preventative maintenance, and repair services for various types of automated doors, including but not limited to sliding doors, swinging doors, and access-controlled doors.

2. Detailed Specifications

The Contractor shall provide services in accordance with the following specifications:

A. Inspection Services:

o The contractor shall conduct thorough inspections of all automated doors at least semi-annually. Inspection services shall include a comprehensive assessment of door mechanics, electronic components, safety sensors, and compliance with accessibility standards.

o Inspections must adhere to the standards mandated by the American National Standards Institute (ANSI) and the National Fire Protection Association (NFPA).

B. Maintenance Services:

o All automated doors must receive preventative maintenance services every six months, which include lubrication, mechanical adjustments, and replacement of worn components to prevent failure.

o Maintenance protocols must comply with manufacturer recommendations and ANSI/BHMA A156 standards for door hardware.

C. Repair Services:

o In the event of a malfunction or failure, the contractor shall respond to service calls within twenty-four (24) hours for emergency repairs and schedule non-emergency repairs within two business days.

o The contractor must ensure that all parts used for repairs are compliant with ANSI and federal regulations, maintaining original equipment manufacturer (OEM) specifications where applicable.

D. Documentation:

o The contractor shall provide detailed reports of inspections, maintenance activities, and repairs performed, including photos and lists of parts replaced.

o All Invoicing must be submitted electronically within two business days of service completion.

E. Standards and Regulations:

o Services must comply with all applicable local, state, and federal regulations, including ADA (Americans with Disabilities Act) requirements, OSHA regulations, and building codes.

o The contractor shall have knowledgeable staff certified in door systems and trained in safety practices and procedures.

3. Service Requirements

The contractor shall ensure the following service requirements are met:

A. Staffing:

o All service personnel must have competency in the installation, maintenance, and repair of automated doors.

o Contractor must provide background checks for all employees who will be working in City facilities.

B. Training:

o The contractor shall provide initial and ongoing training for staff to remain current on new technologies, safety regulations, and best practices.

C. Safety and Compliance:

o Contractor must adhere to all safety standards and requirements pertaining to their services, including PPE (personal protective equipment) and emergency preparedness.

D. Insurance and Bonding:

o The contractor must maintain appropriate insurance coverage, including general liability and worker’s compensation insurance, throughout the duration of the contract.

o The contractor shall provide proof of bonding in accordance with city requirements.

4. Delivery Requirements

The contractor shall adhere to the following delivery requirements:

A. Scheduling:

o Inspections, maintenance, and repairs shall be scheduled with city personnel with a minimum of 48 hours’ notice prior to service dates.

o Emergency services must be available as stated previously, with defined response times to ensure operational efficacy.

B. Materials and Inventory:

o The contractor must maintain a sufficient inventory of common parts necessary for repairs and ensure access to specialty parts for quick turnaround time on repairs.

o The contractor must provide a list of frequently used parts and their estimated lead times upon request.

C. Site Conditions:

o The contractor shall be responsible for ensuring that all work areas are accessible and safe during service appointments.

o Contractor should coordinate with city staff to ensure minimal disruption to operations during service delivery.

5. Work Hours

A. Contractor shall normally perform work during Standard Work Hours which are between 6:30AM and 4:00PM, Monday through Thursday, 6:30AM and 3:00PM, every other Friday, and excludes the City of Pasadena's 9/80 off-Fridays and observed holidays. The City of Pasadena may require the Contractor to perform work during Non-Standard Work Hours which are outside the Standard Work Hours. Non-Standard Work Hours, which are between 4:01PM and 6:29AM, Monday through Thursday, 3:01PM and 6:29AM, every other Friday, and includes the City of Pasadena's 9/80 off-Fridays and observed holidays.

6. Warranty

A. The Contractor shall provide an Operations, Parts, and Service Labor Warranty on their workmanship for a period of not less than 12 months after acceptance of all maintenance, repair, and/or replacement work. If it is determine that any maintenance or repair work should be repeated as a result of Contractor not performing satisfactorily, the Contractor shall bear all costs, including, but not limited to, an independent diagnosis or confirmation of the problem, if necessary.

7. Additional Work

A. The Contractor shall perform additional work as requested by the City of Pasadena. The Contractor shall provide a written quote for additional services requested and such services shall be performed only upon written authorization of the City of Pasadena's Carpentry Superintendent or designee. Contractor shall be compensated at the rates set forth on the pricing table.

6. Conclusion

The City of Pasadena values the safety and efficiency of its automated door systems and seeks a qualified contractor to provide these essential services. The integrity of operations in city facilities is paramount; therefore, compliance with the stated specifications and requirements is mandatory.

Proposals must clearly demonstrate the contractor's ability to meet these standards and deliver superior service. Proposals should be submitted in accordance with the solicitation timeline and guidelines provided by the City.

4. Pricing Proposal

In response to the Request for Quotes for Automated Door Inspection, Maintenance & Repair Services the undersigned proposes and agrees to furnish the required material in strict conformity with the general and detailed specifications and data on manufacturer’s data sheets and/or exceptions made part of the bid and accepted by the City in writing.

INSTRUCTIONS:

Each bidder must bid on all items shown in the Bidder’s Pricing Table. If any bidder makes any alteration, interlineation or deviation in any of the printed matter of the proposal or if the signature of the bidder is incomplete, the bid will be considered informal and may be rejected.

The price bid shall include any and all charges required under the California Retail Sales Act of 1933 as amended and the California Use Tax Act of 1935.

Instructions: For each Item, please multiply the Unit Price by the corresponding Quantity to determine the Item Price. Sum the Item Prices to determine the Item Total. Sum the Item Total and the Sales Tax to determine the Grand Total Price.

All bid pricing must be entered into the City's eProcurement Portal or the bid may be considered informal and deemed non-responsive, do not use a separate document attachment to represent your pricing.

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

Line Item Description Quantity Unit of Measure

Unit Cost Total

1 Scheduled Preventative Maintenance Every 6 Months at each City location

200 Per Visit

2 Regular Service Calls - During Standard Work Hours as stated in Section 2.4.5.A

40 Per Hour

3 Emergency Service Calls - During Non- Standard Work Hours as stated in section 2.4.5.A

20 Per Hour

4 Hourton Power Supply C1433 [*] [*] 10 Each 5 Horton Control Assembly C4160-2 [*]

10 Each

6 Horton Control Assembly C1316-2 [*]

10 Each

7 Horton Switch Assembly C1260 [*] [*] 10 Each 8 Horton Approach Sensor C1884

(Eagle) [*] [*] 10 Each

9 Horton Approach Sensor C1234 (Optex) [*] [*]

10 Each

10 SEDCO #59-H Clear Path [*] [*] 10 Each 11 LCN Electric Auto-Equalizer Series

4640 [*] [*] 10 Each

12 BEA 10RD433 Receiver [*] [*] 10 Each 13 Curran 4 1/2 Square Wireless 300

MHz Push Plate Kit Product code CE-

KR635-300 [*] [*]

10 Each

14 LCN #3971 Cylinder Assembly [*] [*] 10 Each 15 LCN #3454 Motor Clutch Assembly [*]

10 Each

16 LCN #3179-1 On/Off Switch Assembly

10 Each

17 LCN #3179-2 Hold Open Assembly [*]

10 Each

18 LCN #3180 PCB Board Assembly [*] [*] 10 Each

Line Item Description Quantity Unit of Measure

Unit Cost Total

[*] Denotes item is taxable Sales Tax (@ 10.25%)

TOTAL

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. 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 #Bidder's 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 (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 https://procurement.opengov.com/governments/portal/pasadena/projects/123082/document?section=undefined https://www.cityofpasadena.net/finance/licenses/business-licenses/

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.

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 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.

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

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.

11. 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.

12. 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.

13. 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.

14. Taxes

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

15. 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.

16. 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 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

17. 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-responsivness.

18. Recycled Product Procurement Mandates Pertaining to Local Governments [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, PCC 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.

19. 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 $250 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.

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 Automated Door Inspection, Maintenance & Repair Services 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.

6. Insurance Requirements

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

7. Public Contract Claims Procedure

PUBLIC CONTRACT CODE SECTION 9204 PUBLIC WORKS CLAIMS PROCEDURE

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.

https://procurement.opengov.com/portal/pasadena https://www.cityofpasadena.net/finance/wp-content/uploads/sites/27/General-Most-Contracts.pdf?v=1623280176766 https://www.cityofpasadena.net/finance/wp-content/uploads/sites/27/General-Most-Contracts.pdf?v=1623280176766

For this legislation, a “public works project” is defined as “the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind.” This definition is not as broad as in the Prevailing Wage Law.

A “claim” is defined as “a separate demand by a contractor sent by registered mail or certified mail with return receipt requested…” and is limited to three types of contract disputes:

1. “A time extension…for relief from damages or penalties for delay assessed by a public entity….”

2. “Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled”, and/or

3. “Payment of an amount that is disputed by the public entity.”

Upon receipt of a claim, a public entity must "conduct a reasonable review" and provide a written statement to the contractor within 45 days of receipt of the claim. Failure of a public entity to respond to a claim within the time periods described in Section 9204 "shall result in the claim being deemed rejected in its entirety."

For any undisputed portion of a claim, a public entity must make payment within 60 days of the public entity's issuance of the written statement.

If the contractor disputes the public entity's written statement, or if the public entity fails to respond, the contractor may demand "an informal conference to meet and confer for settlement of the issues in dispute." The public entity must schedule the meet and confer conference within 30 days of the demand.

Within 10 business days following the meet and confer conference, the public entity must provide a written statement identifying the portion of the claim that remains in dispute.

Any payment due on an undisputed portion of the claim must be made within 60 days of the meet and confer conference. Amounts not paid in a timely manner shall bear interest at 7 percent per year.

After the meet and confer conference, any disputed portion of the claim "shall be submitted to non-binding mediation." If mediation fails to resolve the dispute, the parts of the claim that remain in dispute shall be subject to applicable procedures outside Section 9204 (statutory and contractual).

The full text of this new legislation is set forth below:

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1.

Section 9204 is added to the Public Contract Code, to read:

9204.

(a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner.

(b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project.

(c) For purposes of this section:

(1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:

(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project.

(B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled.

(C) Payment of an amount that is disputed by the public entity.

(2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project.

(3) (A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency.

(B) “Public entity” shall not include the following:

The Department of Water Resources as to any project under the jurisdiction of that department.

The Department of Transportation as to any project under the jurisdiction of that department.

The Department of Parks and Recreation as to any project under the jurisdiction of that department.

The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code.

The Military Department as to any project under the jurisdiction of that department.

The Department of General Services as to all other projects.

The High-Speed Rail Authority.

(4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind.

(5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor.

(d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision.

(B) The claimant shall furnish reasonable documentation to support the claim.

(C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion.

(D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.

(2) (A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute.

Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute.

(B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.

(C) For purposes of this section, mediation…