Fitness_Equipment_Maintenance_and_Repair.pdf

Informal Selection - Fitness Equipment Maintenance and Repair Release Date: Friday, June 23, 2023

City of Pasadena Parks, Recreation and Community Services Department

Informal Selection for Fitness Equipment Maintenance and Repair

2023-Informal-585

1. INTRODUCTION

1. Summary

The City is seeking quotes or proposals for Fitness Equipment Maintenance and Repair as outlined in this SOLICITATION.

The Contractor may need to meet other certain minimum qualifications to propose on this specification..

2023-Informal-585

The City of Pasadena Parks, Recreation & Community Services Department is seeking a fitness equipment repair technician to provide quarterly inspection, preventative maintenance, and repairs on all fitness equipment located at Robinson Park Recreation Center (1081 N Fair Oaks Ave. Pasadena, CA 91103) and at Villa Parke Community Center (363 E Villa St Pasadena, CA 91101).

2. Contact Information

Dealine for Questions

The deadline to submit questions related to this solicitation is Monday, July 3, 2023, 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.

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

Danny Maranon Recreation Coordinator Email: dmaranon@cityofpasadena.net Phone: (626) 744-7519 Department:

Parks, Recreation and Community Services Department

3. Timeline

Release Project Date June 23, 2023

Question Submission Deadline July 3, 2023, 12:00pm

Submission Deadline July 10, 2023, 3:00pm

2. INSTRUCTIONS

1. Eligibility Requirement

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

TBD

2. 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

3. Contract Duration

The Contract resulting from this proposal is scheduled to start 07/01/2023. The Contract resulting from this proposal is scheduled to end 06/30/2024.

4. 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.

5. Review and Award mailto:dmaranon@cityofpasadena.net tel:(626)744-7519 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

A screening committee will determine which proposals are responsive to City requirements and needs.

The technical portions of responsive proposals will be evaluated by a selection panel consisting of personnel from the City. The selection may be based solely on the written proposals submitted.

PROPOSERS may be invited to a meeting to provide additional clarification of the content of their proposal. The City reserves the right to invite all of the PROPOSERS for an oral clarification OR only the top three (3) ranked firms based on the initial written proposal review. The meeting will not alter the selection criteria but will be used to clarify content of the proposal. The final scoring and ranking will be made after the meetings. Proposals shall consist of the sections named in the “Contents of Proposal” outlined below.

Once an agreement is reached with a Proposer, staff will recommend award of a contract. The City reserves the right to select the firm which, in its sole judgment, best meets the needs of the City.

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

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 Danny Maranon, Recreation Coordinator ((626) 744-7519; dmaranon@cityofpasadena.net). Any work orders made through any other methods or by any other individuals may be accepted.

14. Ordering Authority

Work orders of products or services will be placed in writing by TBD. Any work orders made through any other methods or by any other individuals may not be accepted.

15. 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.

16. Delivery Instructions

Regular deliveries: Must deliver within 3 business days of order placement. Business days are defined as Monday through every other Friday between the hours of 7:30 a.m. to 5:30 p.m. See the schedule for closed Fridays: https://www.cityofpasadena.net/planning/scheduled-city-closure-9-80-plan/.

Deliveries Must be Made to:

TBD

17. 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.

18. 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.

19. 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.

https://www.cityofpasadena.net/planning/scheduled-city-closure-9-80-plan/

3. SPECIFICATION

1. Scope

Vendor will perform inspection, preventative maintenance, and repair services at Robinson Park Recreation Center and at Villa Parke Community Center based on manufacturer scheduled and as requested by Park, Recreation & Community Services (PRCS). PRCS has an inventory of approximately thirty-five (35) pieces of equipment at two locations that may need maintenance and repair.

• Robinson Park Recreation Center o 1081 N Fair Oaks Ave Pasadena, CA 91103

• Villa Parke Community Center o 363 E Villa St Pasadena, CA 91101

2. General Information

General Information

Vendor will be responsible for keeping all work areas as clean, safe, and as hazard free as possible while performing their duties. Vendor will be responsible for the removal of all debris and trash and returning the area into its original state once the work has been complete. The work area will be inspected by a PRCS Staff member to ensure compliance with the aforementioned.

A preventative maintenance schedule will be provided to the Facilities Division Coordinator and/or Superintendent for each location based on manufacturer's recommendations. If necessary, the vendor will notify the PRCS of recommendations for optimum use, performance, and longevity of equipment.

Bid will be awarded to lowest, responsive and responsible bidder.

Preventative maintenance will include but not limited to the following:

A. Treadmills:

1. Inspect running belt for proper tension and tracking.

2. Inspect and clean motor compartment.

3. Inspect drive belts for wear and/or damages.

4. Inspect and lubricate elevation assembly.

5. Test electronic displays and/or control panels.

6. Inspect and clean wax system and/or wax deck if not equipped with automatic waxing system.

7. Inspect and clean rollers.

B. Bikes:

1. Inspect and lubricate chains and/or belts as needed.

2. Inspect friction assembly.

3. Test electronic display and function.

4. Inspect common wear areas such as seats, handles, pedals, etc.

C. Stair Machines

1. Inspect, clean, lubricate chains and/or belts.

2. Inspect and lubricate all bushings and bearings.

3. Inspect all bolts and welds of unit housing.

4. Test electronic displays for proper function.

D. Elliptical trainers/ Cross-trainers

1. Inspect, clean, and lubricate chains and/or belts.

2. Inspect and lubricate all bushings and bearings.

3. inspect all bolts and welds.

4. Test electronic display for proper function.

E. Other cardiovascular equipment related maintenance.

1. Inspect rollers, braces, welds, motor brushes, main drive belt bearings, freewheel sprockets, bolts, screws, alternator brushes, chain/ drive sprocket, and step drive components.

2. Inspect belts for wear and proper tension.

3. Inspect all electronic components and adjust when necessary.

4. Clean and inspect vacuum drive motors, air intakes, fans, and interior housing.

5. Check lift calibration settings and calibrate to manufacturer's specifications.

6. Check and clean all resistance components.

7. Check, clean and lubricate step drive, steps, pedals, chains and/or belts.

8. Inspect miscellaneous hardware and software if necessary.

9. Grease sprocket shaft, elevation screw and linkage arms.

10. Sand flywheel

11. Check and clean crank arms, connector arms and bushings.

12. Check speed assembly.

13. Test operational function of unit.

F. Strength Equipment

1. Inspect cables, bushings and pulleys for wear.

2. Clean and lubricate all guide rods, carriage assembly and pulleys.

3. Lubricate miscellaneous hardware.

4. Inspect all upholstery for wear and/or damage.

5. Test operational function of unit.

Repair Services

A. For any equipment requiring repairs outside of the preventative maintenance schedule, vendor will provide written estimates on all repairs. This estimate should include the number of estimated materials costs and projected completion date. Estimates will be reviewed by the Facilities Division Coordinator and/or Superintendent and authorization granted when warranted. If additional repairs are needed vendor will provide estimate of repairs and other work prior to proceeding with the work. All work is subject to inspection and approval of by PRCS prior to approval for payment.

B. Vendor will perform all work in accordance with equipment manufacturer's maintenance and repair guidelines.

C. Failure to perform repairs properly, as determined by PRCS will be considered grounds for terminating this agreements.

D. Vendor will provide new, original manufacturer parts/ components. Rebuilt, re-manufactured or other deviations or substitutions will not be allowed without the advance written and/or verbal approval by PRCS.

E. Replacement of major equipment and/or components not detailed herein are not considered approved until quotes are submitted to PRCS and approved by Facilities Division Coordinator and/or Superintendent.

F. Repair work must be of an acceptable level in terms of cost, time and workmanship.

G. All labor must be under a thirty (30) day guarantee and any necessary parts must be under twelve (12) month warrantee.

Inventory Services

A. PRCS requires a detailed inventory of all equipment at it's facilities. Vendor will provide an inventory and notification system that notifies PRCS of needed repairs and completion of services.

B. Vendor will keep an accurate inventory of work completed at each facility as services are rendered.

1. Vendor will provide this to PRCS when requested.

3. Scheduling

A. It is the expectation of PRCS that all exercise equipment be serviced quarterly for each facility.

B. Unless otherwise requested, all work at the either site will be performed during normal business hours.

1. Monday - Friday between the hours of 9:00 am PST - 5:00 pm PST.

2. Work will not be performed on observed City holidays.

C. All work described herein will be performed within an amount of time so as interruptions to normal operations are kept to an absolute minimum.

D. Any and all visits must first be scheduled with the Facilities Division Coordinator and/or Superintendent to ensure little to no impact to normal operations.

4. Vendor Requirements and Responsibilities

Vendor will provide the following:

A. Vendor pricing must be valid from July 1, 2023 - June 30, 2024.

B. Provide experience with governmental agencies for two (2) projects/contracts of similar scope and size. Vendor must demonstrate experience with projects/contracts of similar scope and size to that which is to be performed.

C. Provide pick-up and delivery of equipment necessary for repair and/or maintenance.

D. Vendor will perform all work in accordance with generally accepted industry practice for safe and efficient operation.

E. vendor will provide written estimates on all repairs within twenty-four (24) hours. This estimate should include estimated material costs and projected completion date.

F. Replacement of major equipment or components not detailed herein are not considered approved until quotes are submitted and approved by PRCS.

G. Quotations that include prices higher than the agreed upon market value will be rejected. If the vendor offers the general public any special pricing that is lower than the quoted price, the vendor must provide the lower price to PRCS.

H. Vendor will not subcontract repairs to other service providers without consent from PRCS.

I. Awarded vendor will be required to provide the following:

1. W-9

2. Vendor Questionnaire

3. Insurance documents

4. Pasadena Business license.

a. Required one (1) week after award.

5. List of Equipment

All equipment listed below is in good to new condition. Equipment list includes but not limited to:

Equipment Quantity

Adjustable Benches 2

Concept 2 Rower 1

Bench 1

Freemontion Elliptical 1

Freemontion GZ, FM Dual Cable Machine 1

Freemotion GZ, FM Lat-Pull High Row Machine 1

Freemotion Treadmills 2

Hoist CF 3364 Power Cage 1

Hoist Dual Pulley 1

Icarian Plate Loaded Leg Press 1

Incline Bench 1

Lemond G Force Bike 2

Promaxima Elliptical 2

Promaxima Rower 1

Promaxima Silk Indoor Cycle 2

Promaxima Step Mill 1

Raptor Hi Lat Pull 1

Raptor Leg Extension 1

Raptor Multi Chest Press 1

Smith Machine 1

True Recumbent Bike 1

True Upright Bike 1

Tuff Stuff Cal Gym Biceps/ Triceps Machine 1

Tuff Stuff Cal Gym Leg Extension/ Curl 1

Tuff Stuff Cal Gym Multi Press 1

Viper recumbent Bike 1

Viper Treadmill 1

4. PRICING PROPOSAL

In response to the Request for Quotes for Fitness Equipment Maintenance and Repair 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.

Line Item Description Quantity Unit of Measure Unit Cost Total 1 Inspection hourly rate 10 hours

2 Preventative maintenance hourly rate

10 hours

3 Repair hourly rate

10 hours

TOTAL

5. EVALUATION CRITERIA

Evaluation of the proposals will be based on a competitive selection process, in which the evaluation of proposals will not be limited to price alone. The capability of the proposer to satisfy the City requirements identified in the Scope of Services, and the experience of the proposer in providing services of this type, size and scope will also be considered in the selection. A minimum of five (5) years of experience providing similar services is required.

This RFP has been structured to provide specific requirements which function as a standardized framework for the evaluation of a prospective consultant’s qualifications.

The City, in consultation with the selection panel, reserves the right to reject any and all proposals. The selection panel will grade and score responsive proposals with the following criteria and weights: The competitive selection evaluation criteria are as follows:

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

No. Evaluation Criteria Scoring Method Weight (Points)

1. Experience Points will be assigned for “Experience with Projects of this Size and Scope in an Agency of Similar Size” based on a vendor’s previous experience with municipal agencies, as delineated in the SCOPE OF WORK, and CLIENT REFERENCES.

Points Based 30 (42.9% of Total)

2. Cost Proposal Points will be assigned based on a “Ratio Method.” The proposer’s cost must include the delivery of the proposed solutions, as well as any recurring costs (if any) as delineated in the Scope of Work and the PRICE

PROPOSAL.

With this method, the proposal with the lowest cost receives the maximum points allowed. All other proposals receive a percentage of the points available based on their cost relationship to the lowest price.

This is determined by applying the following formula:

Lowest Price / Evaluated Price X maximum points available = Awarded Points

Example: The cost for the lowest proposal is $100,000. The next lowest proposal has a cost of $125,000. The total points available for cost = 30 points.

( $100,000 / $125,000 ) X 30 = 24 points

Points Based 35 (50% of Total)

3. Local Pasadena Business To be awarded a 5 point preference for this category, the proposer must have an official business address within the City of Pasadena at the time that this Solicitation is posted on the City’s Website.

Points Based 5 (7.1% of Total)

6. CITY REQUIREMENTS

There are of 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.

1. 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.

2. Declaration of Non-Collusion by Contractor

This form is only applied for formal solicitations at $25,000 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.

3. SAMPLE CONTRACT

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

4. CHANGE ORDER MANAGEMENT

https://procurement.opengov.com/governments/portal/pasadena/projects/51212?section=undefined

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

5. 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.

6. Protest Procedure

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

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

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.

https://ww5.cityofpasadena.net/finance/doing-business-with-the-city/ https://ww5.cityofpasadena.net/finance/doing-business-with-the-city/ https://www.cityofpasadena.net/finance/licenses/business-licenses/

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. Pasadena Living Wage Ordinance

This project is subject to the City of Pasadena's Living Wage Ordinance, Pasadena Municipal Code Chapter 4.11. The ordinance requires that contractors providing labor or services to the City under contracts in excess of $25,000 pay no less than the City’s Living Wage to all employees who spend any of their time providing labor or delivering services to the City.

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

Failure to comply with the provisions of the Pasadena Living Wage Ordinance is grounds for termination of the contract and a basis for penalties as stated in Pasadena Municipal Code Chapter

4.11. Questions concerning the Pasadena Living Wage Ordinance should be directed to:

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

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

10. 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.

11. 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.

12. Taxes

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

13. Certificate of Insurance https://invoice.cityofpasadena.net/PortalGuide.pdf https://ww5.cityofpasadena.net/finance/doing-business-with-the-city/

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.

14. 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

15. 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 vendor 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 "Sumittal/Checlist." 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

16. 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.

7. INSURANCE REQUIREMENTS

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

8. HUD REQUIREMENTS, INSTRUCTIONS, AND FORMS

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

1. Funded by the Housing and Urban Development

Notice to Prospective Proposers

This project is being funded by a U.S. Department of Housing and Urban Development Community Development Block Grant (CDBG). Therefore, the Contract is subject to certain federal requirements, including, but not limited to: Davis-Bacon Act prevailing wage regulations; Equal Employment Opportunity; Affirmative Action; Small Business Enterprise (“SBE”), Minority Business Enterprise (“MBE”), and Women’s Business Enterprise (“WBE”) utilization; Equal Employment Opportunity; and Section 3 Program requirements.

In addition, any contract arising from these specifications will be subject to certain City requirements contained herein.

The contract related to this RFP is funded by Community Development Block Grant (CDBG), a federal entitlement program administered by the United States Department of Housing and Urban Development (HUD). Vendors must submit all HUD forms attached to this solicitation with their proposal.

2. Evaluation (HUD Requirements)

Bids will be evaluated based on the lowest Grand Total Price submitted in the Bidders' Proposal.

However, Section 3 responsive bidders will receive a preference based on the criteria listed in this section. 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.

Section 3 Bid Evaluation and Contract Award Criteria

Federal Contract Provision

24 CFR Part 135

A Section 3 Responsive bidder is a bidder that submits a Section 3 Business Certification form with the bid, and:

1. Qualifies as a Section 3 Business concern because the business:

• Is 51% owned by low-income residents, or

• 30% or more of its permanent full-time employees are low-income residents, and

• Provides the Section 3 Resident Certification form(s) for each qualified employee.

- OR -

2. Makes a written commitment by submitting a Section 3 Economic Opportunity Plan with their bid indicating that the bidder will:

• Hire at least 30% aggregate new-hires that are qualified low-income residents, and

• Provide the Section 3 Resident Certification form(s) for each Section 3 new-hire, or

• Subcontract 25% or more of the bid amount to qualified Section 3 Business Concern(s), and

• Ensure that the Business Concern(s) provide Section 3 Resident Certification form(s) for each qualified employee.

NOTE: If the contract is awarded based upon the written commitment, the contractor will be responsible to document all efforts made to recruit Section 3 resident new-hires. Additionally, the recipient of a Section 3 contract who commits to the Section 3 goal is required to submit a Section 3 Summary Report by July 1 and/or with their final Certified Payroll Report submission.

9. FEDERAL CONTRACT PROVISIONS

1. ACCESS TO RECORDS

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

2. DHS SEAL, LOGO, AND FLAGS

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

3. COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS

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

4. NO OBLIGATION BY FEDERAL GOVERNMENT

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

5. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS

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

6. 2 CFR § 200.216: PROHIBITION ON CONTRACTING FOR COVERED TELECOMMUNICATIONS

EQUIPMENT OR SERVICES

FEMA recipients and subrecipients and their contractors and subcontractors are required per 2 C.F.R.

Part 200, Appendix II to include a contract provision in all FEMA-funded contracts and subcontracts, including any purchase orders. 1. On or after Aug. 13, 2020, for all new, extended, or renewed contracts using FEMA funds, especially for covered telecommunications equipment or services: a.

FEMA recipients and subrecipients are required to include a provision in their contracts explaining the prohibitions under section 889 of the NDAA and as clarified in this policy. b. This also applies to subcontracts under any new, extended, or renewed contract. (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services;

interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy, #405-143-1 Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services As used in this clause. The link to the policy is listed here: Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim) FEMA Policy #405-143-1 (b) Prohibitions. (1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L.

No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions. (1) This clause does not prohibit contractors from providing— a. A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements;

or b. Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to: a. Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and

ii. Are not used as critical technology of any system. b. Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d) Reporting requirement. (1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known);

brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments.

7. CFR § 200.322 - Domestic preferences for procurements.

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

8. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT

ONLY REQUIRED FOR FUNDING AGREEMENTS

a. Standard. If the FEMA award meets the definition of “funding agreement” under 37C.F.R. § 401.2(a) and the non-Federal entity wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the non Federal entity must comply with the requirements of 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements), and any implementing regulations issued by FEMA. See 2 C.F.R. Part 200, Appendix II(F).

b. Applicability. This requirement applies to “funding agreements,” but it DOES NOT apply to the Public Assistance, Hazard Mitigation Grant Program, Fire Management Assistance Grant Program, Crisis Counseling Assistance and Training Grant Program, Disaster Case Management Grant Program, and Federal Assistance to Individuals and Households – Other Needs Assistance Grant Program, as FEMA awards under these programs do not meet the definition of “funding agreement.”

c. Funding Agreements Definition. The regulation at 37 C.F.R. § 401.2(a) defines “funding agreement” as any contract, grant, or cooperative agreement entered into between any Federal agency, other than the Tennessee Valley Authority, and any contractor for the performance of experimental, developmental, or research work funded in whole or in part by the Federal government. This term also includes any assignment, substitution of parties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as defined in the first sentence of this paragraph.

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

§200.321.

10. CARGO PREFEREENCE ACT (CPA)

Contractors shall comply with the CPA requirements as implemented by 46 CFR 381 in order to ensure a fair and reasonable participation by privately owned United States-flag commercial vessels in transporting cargoes which are subject to the Cargo Preference Act of 1954 and which are generated by U.S. Government Grant, Guaranty, Loan and/or Advance of Funds Programs

Use of United States-flag vessels: The contractor agrees –

1. To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels.

2. To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, ‘on-board’ commercial ocean bill-of-lading in English for each shipment of cargo described…