CITY OF MANHATTAN BEACH
REQUEST FOR PROPOSAL
RFP No. 1289 -23
COMMERCIAL DOOR MAINTENANCE
RELEASE DATE: February 6, 2023
Dru Leonard
Purchasing Analyst
(310) 802-5569
DEADLINE FOR QUESTIONS: February 13, 2023
RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:
https://secure.procurenow.com/portal/citymb
1. LEGAL NOTICE
1.1. Request for Proposal
PROPOSAL NUMBER: 1289 -23
PROPOSAL TITLE: Commercial Door Maintenance
REQUESTING DEPARTMENT: Public Works
RELEASE DATE: Monday, February 6, 2023
DUE DATE: Tuesday, February 21, 2023 at 3:00 pm PST
Notice is hereby given that proposals will be received via the City's e-Procurement Portal, Procurenow (https://secure.procurenow.com/portal/citymb).
Sealed proposals must be submitted via the City's e-Procurement Portal. Proposals will be received until 3:00 pm PST on Tuesday, February 21, 2023.
Proposals will be evaluated for compliance with specifications and subsequent recommendation to the City Council for award of bid or rejection of the responses, as deemed appropriate. The City reserves the right to make no award.
Proposals received after the deadline will not be accepted. Faxed or emailed proposals are not acceptable.
Please direct any inquiries regarding this RFP through the ProcureNow Question/Answer Tab via the City's e-Procurement portal, on or before, Monday, February 13, 2023 by 12:00 pm.
Dated: Monday, February 6, 2023
Dru Leonard, Purchasing Analyst
Request for Proposal #1289 -23
Title: Commercial Door Maintenance
3 2. INTRODUCTION
2.1. Summary
The City of Manhattan Beach is soliciting proposals for preventive maintenance and repair of commercial doors and police cell doors. The police cell doors and related hardware are the the only part of this scope of work that may be subcontracted out to a qualified subcontractor. It is the intent of this specification to describe the requirements for the service agreement. The service shall conform to, and the bidder’s proposal shall include, all provisions indicated.
2.2. Contact Information
Dru Leonard
Purchasing Analyst
3621 Bell Ave.
Manhattan Beach, CA 90266
Email: [email protected]
Phone: (310) 802-5569
Department:
Public Works
2.3. Timeline
Release Project Date February 6, 2023
Question Submission Deadline February 13, 2023, 12:00pm Proposal Submission Deadline/Opening February 21, 2023, 3:00pm City's e-Procurement Portal, OpenGov
(https://secure.procurenow.com/portal/citymb)
Request for Proposal #1289 -23
Title: Commercial Door Maintenance
4 3. INSTRUCTION TO PROPOSERS
3.1. Submittal of Proposals
All Proposals must be submitted via the City's e-Procurement Portal, ProcureNow.
3.2. Questions
All questions related to this RFP shall be submitted in writing through the OpenGov Question/Answer Tab via the City's e-Procurement portal, on or before, Monday, February 13, 2023 by 12:00 pm. Please include the section title for each question, if applicable, in order to ensure that questions asked are responded to correctly. All questions submitted and answers provided shall be electronically distributed to proposers following this solicitation on the City's e-Procurement Portal.
Proposers shall create a FREE account with OpenGov by signing up at https://secure.procurenow.com/signup. Once you have completed account registration, browse back to https://secure.procurenow.com/portal/citymb, click on "Submit Response", and follow the instructions to submit the electronic proposal.
3.3. Addenda
The City may, from time to time, issue Addenda to the Contract Documents. Any addenda shall be posted on the City's e-Procurement Portal. Addenda notifications will be emailed to all persons on record as following this RFP. Failure of any bidder to receive any such addenda or interpretation shall not relieve such proposer from any obligation under their proposal as submitted. All addenda so issued shall become part of the contract documents. Failure to acknowledge receipt of all Addenda may cause a Proposal to be deemed incomplete and non-responsive.
3.4. Definitions
The following meanings are attached to the following defined words when used in these specifications and the contract: The word "City" means the City of Manhattan Beach, California. The word "Proposer" "Vendor," Supplier," or "Contractor" means the person, firm, or corporation submitting a bid on these specifications or any part thereof.
3.5. Proposal Withdrawal
Proposals may be withdrawn through the City's e-Procurement Portal, the responding firm may “unsubmit” their proposal in ProcureNow. A proposal may be withdrawn without prejudice with the responding firm being able to submit another proposal at any time up to the deadline for submitting proposals prior to the proposal opening. Proposals must remain valid and shall not be subject to withdrawal for 90 Days after the Proposal opening date.
3.6. Filing Date
All proposals must be received at or before the time indicated above. Copies of all forms, specifications, and exhibits are available from the office of the Purchasing Agent for the City of Manhattan Beach (310) 802- 5567.
Request for Proposal #1289 -23
Title: Commercial Door Maintenance
5 3.7. The Contract
The Proposer to whom the award is made will be required to enter into a written contract with the City.
The contract may be in the form of a purchase order. A copy of the Notice Inviting Proposals, the vendor Proposal, and the contract specifications may be attached to, and will form a part of the contract. All materials, supplies, equipment, and services supplied by the vendor shall conform to the applicable requirements of City and Federal Laws covering Labor and Wages, as well as conforming to the specifications herein. In case of default by the vendor, the City reserves the right to procure the articles from other sources and to hold the vendor responsible for any excess costs incurred by the City.
3.8. Reservations
The City Council reserves the right to reject any and all proposals received; to take all propsals under advisement for up to 90 days after opening; to waive any informality on any proposal; and to be the sole judges of the relative merits of the material mentioned in the respective proposals received. The Council also reserves the right to reject any item(s), award more than one contract for each of the items, and reject proposals that are not accompanied by the requested information.
3.9. Proposal Form
• No telephone or facsimile proposals will be accepted. • If the proposal is made by an individual, it must be signed by the full name of the Proposerr and include the Proposer's complete address. If it is made by a firm, it must be signed with the co- partnership name by a member of the firm, and the name and full address of each member must be given. If it is made by a corporation, it must be signed by the proper officer in the corporate name, and the corporate seal must be attached to such signature. • Blank spaces in the Proposal must be properly filled in using ink or typewriter. • The phraseology of the proposer must not be altered in any way. • Proposals are subject to acceptance by the City for a period of 90 days, unless a different period is prescribed in the Proposal by the proposer.
• Proposers are invited to attend the proposal opening at the date and time City advised above. • Proposal results are available by calling the office of the Purchasing Agent at (310) 802-5569.
Request for Proposal #1289 -23
Title: Commercial Door Maintenance
6 4. SCOPE OF WORK
4.1. Scope of Work
The City of Manhattan Beach Door and Gate Preventative Maintenance is for the following types of doors, gates and parts:
• Rolling Gates
• Jail doors (may be sub-contracted out to a qualified subcontractor) • Sally-port doors (may be sub-contracted out to a qualified subcontractor) • Detention hardware (may be sub-contracted out to a qualified subcontractor) • Automated doors
• Bi-fold doors
• Roll up doors
• Tilt-up garage doors
• Sectional roll up doors
• Safety devices and edges
• Track bars
• Loop detectors
4.2. Preventative Maintenance
Preventative Maintenance includes, but not limited to, the following:
• Safety Inspection
• Adjustments (as needed)
• Lubrication of all points of friction
• Testing to ensure all equipment is working properly
• Detailed report of inspection performed complete with technicians’ notes, photos, work completed, and any recommended corrective repair work
• Estimate any recommended repairs
• Individual site billing
Preventative Maintenance will be performed bi-annually (every 6 months) per location. Contractor shall use qualified technicians with appropriate certifications, where required, to perform the services under Request for Proposal #1289 -23
Title: Commercial Door Maintenance
7 this Contract. Contractor shall supply all labor, cleaning solvents, lubricants, tools, parts and equipment necessary to perform the work.
4.3. Repairs
Repairs will be on an as needed basis. Individual quotes will be provided by vendor based on contracted rates. Contractor shall conduct scheduled preventative maintenance and routine repairs during office hours, excluding holidays.
Non-Routine, Non-Emergency Repairs and Maintenance. These services shall include any major non- emergency installation, repair, replacement, modification on City doors and gates that were not included in the Scheduled Preventative Maintenance Services. Prior to commencing any non-routine, non-emergency repairs, the Contractor shall provide a written cost estimate for time and materials to the City. All costs for labor and materials for non-routine, non-emergency services shall be billed as per contract pricing.
4.4. Emergency Services
Contractor shall be available to provide emergency services 16 hours a day, 365 days a year. Contractor shall provide City of Manhattan Beach personnel with emergency call-out procedures and numbers.
Contractors shall respond within 120 minutes of call-out.
4.5. Non-routing, Non-Emergency Repairs and Maintenance Non-Routine, Non-Emergency Repairs and Maintenance. These services shall include any major non- emergency installation, repair, replacement, modification on City doors and gates that were not included in the Scheduled Preventative Maintenance Services. Prior to commencing any non-routine, non-emergency repairs, the Contractor shall provide a written cost estimate for time and materials to the City. All costs for labor and materials for non-routine, non-emergency services shall be billed as per contract pricing.
4.6. Required Response Times
The Contractor shall respond to all requests for non-routine repairs within four (4) hours. Response time shall start when the City calls the problem into the Contractor’s designated emergency phone number.
Emergency Repair Services. The Contractor shall respond to requests for emergency repairs within two (2) hours, 16 hours per day, 365 days per year, including holidays. All costs for labor and materials for emergency repair services shall be billed as per contract pricing.
4.7. Parts, Materials, and Equipment Pricing
Parts, Materials and Equipment Pricing: The Contractor shall furnish all parts, materials or equipment necessary for properly maintaining and repairing doors and gates in City facilities. The City will pay for replacement parts, materials or equipment required for routine, non-routine or emergency repairs at Cost plus no more than 15%. The City of Manhattan Beach reserves the right to request documentation to review actual cost incurred by the Contractor when applicable.
Request for Proposal #1289 -23
Title: Commercial Door Maintenance
8 4.8. Unsatisfactory Repairs
The Contractor shall not bill the City for unnecessary repairs, repairs that were not completed satisfactorily, repairs that did not fix an identified problem, or for facility visits that were made by staff unqualified to complete needed repairs.
4.9. Urgent Call Requests
The Contractor shall provide 16-hour/7 days a week telephone number to receive emergency and urgent service call requests.
4.10. Safety and Inspections
The Contractor shall erect barricades, warning signs and other devices to prevent unauthorized access by the public or unauthorized City staff to work areas.
The Contractor shall leave work areas free of all dirt, litter, lubricants, or other materials utilized to perform door and gate maintenance. Contractor shall be responsible for discarding all used materials.
Safety and Security: The Contractor and staff shall follow all established safety procedures and take special care not to endanger the public in any way. The Contractor is responsible for the security of all doors or gates at the conclusion of work in each site. All exterior doors shall remain locked at all times.
Interior doors that are found open or unlocked shall be left in the same position/condition in which they were found.
Supplier shall conform to the rules and regulations pertaining to safety established by the California Division of Industrial Safety. Furnished equipment, materials and services shall comply with all OSHA standards and regulations, and all applicable governmental laws and orders. Supplier shall provide proof of compliance, if requested by the City.
Inspections and Remedies: To ensure consistent quality of the work being performed, the City’s contract administrator or his designee will perform periodic inspections of doors and gates to ensure compliance with the contract specifications. Inspections may be made by the City of Manhattan Beach at any time to confirm that work performed meets specifications.
If corrective work is required, the City of Manhattan Beach will provide a written list of items and the Contractor shall correct deficiencies as directed. If deficiencies are not corrected in a timely manner, the City of Manhattan Beach may perform the work using others and deduct the cost from the Contractor’s payment.
4.11. Electronic Work Orders
The City utilizes web-based Government Outreach (GO-Reach) to generate work order requests. When non-scheduled maintenance is required for doors, the City will provide a GO-Reach request to the Contractor. However, the Contractor must possess a computer (at its own expense) with internet access in order to receive electronic work orders. The City will provide the necessary training on the use of GO- Reach at no expense to the Contactor. It is highly recommended that a minimum of two individuals get trained in to ensure coverage at all times.
Request for Proposal #1289 -23
Title: Commercial Door Maintenance
9 4.12. Pricing
Vendor shall make repairs as required by all equipment under this contract. Preventive maintenance, and all repairs caused by poor preventive maintenance, must be included in the monthly rates quoted.
Vendor shall perform all maintenance at the prices quoted for the annual maintenance contract. Vendor shall perform all non-maintenance service at the hourly rates bid. Vendor shall inform the City in advance of repairs not covered under the maintenance agreement and shall provide a written cost estimate. This requirement is waived for emergency repairs, as defined below. No work may begin until the cost estimate has been received and the work approved by the Maintenance Manager or his designee. The City reserves the right to obtain competitive quotes for repairs not covered under the maintenance agreement. If the successful vendor is not consistently the low bidder for these repairs, the City may terminate this agreement.
4.13. Pricing Escalation
Bidder shall be able to provide services at the rates set forth on the attached Proposed Price Sheet.
Prices shall remain firm for the initial 12 month period of the contract. Prices may be adjusted annually by an amount not to exceed the Consumer Price Index (CPI) for the prior 12-month period. Prices shall then remain firm for the following 12 month period. Under no circumstances will adjustments in the fees exceed three percent (3%) per additional period.
Contractor shall notify the City in writing thirty days prior to any proposed price increase. All price increases must be justified with evidence of the increased costs borne by the Contractor.
4.14. Travel Time
Vendor will be allowed to charge reasonable travel time for all repairs not covered under the scheduled maintenance agreement. Vendors are requested to fully describe travel time costs and polices in your submittal. If travel time is not included in the proposal, the City will not be obligated to pay for this after the contract is executed.
4.15. Record-Keeping
Contractor must maintain an accurate and complete log of all work performed and all routine inspections for each piece of equipment covered under this agreement. The log shall include reason for service, date, length of time spent, technician's name, and resolution.
Service technicians must complete the schedule when he/she works on equipment. The schedules will be maintained throughout the year and used as a guide and checklist. All maintenance records must be provided upon request of the facilities supervisor or designee.
If contractor has an on-line system for records review, describe in your submittal.
4.16. Reports
Upon request, the successful supplier must provide a report of items purchased by the City for the previous six months. This report will be in order of most frequently ordered items to the least frequently ordered items. The following information must be included in the report: product description, total quantity ordered for the period, and total amount spent on the item for the period.
Request for Proposal #1289 -23
Title: Commercial Door Maintenance
10 Ad-hoc reports must be available upon request by the Public Works Department.
4.17. Licenses
The successful vendor must hold all required licenses and permits required to perform this work in accordance with Federal, City and local requirements and shall be responsible for all fees resulting there from.
4.18. Contractor's Responsibilities
1) Employees:
a) Conduct. No employee of the Contractor shall be permitted to work at any City facility who is found by the City to be incompetent, unruly, disrespectful towards any City staff, under the influence of alcohol or drugs, fails or refuses to perform the work properly and acceptably, or is otherwise objectionable. Such person(s) shall be immediately removed from the premises upon notification by the City to the Contractor.
b) Identification. All employees shall wear uniforms identifying the name of the company and the individual's name (furnished by the Contractor) at all times during the performance of this work. 2) Government Outreach (GO-Reach) Work Order System
Contractor must have the personnel and equipment (computer) necessary to accept work orders via the GO-Reach web-based system. City will provide training session for Go-Reach work order system at no charge to Contractor. It is recommended that two staff members attend training.
4.19. Warranty
The Contractor warrants that the work, including equipment and materials, shall conform to professional standards of care and practice in effect at the time the work is performed. Work shall be of the highest quality, and be free from all faults, defects, or errors. Whenever required by the specifications of the RFP, the Contractor warrants that all equipment and materials provided shall be new. Contractor shall warrant all labor and materials for a period of one (1) year from completion of work. The Contractor shall correct such fault, defect, or error, at no additional cost to the City. If Contractor fails to correct the problem under the warranty within a reasonable time, the City may elect to have the work performed by someone else. Contractor shall refund to the City, the charge paid to another contractor, which is attributable to such portions of the faulty, defective or incorrect work. All equipment and materials provided by the Contractor shall be merchantable and fit for the purpose intended. Contractor shall be liable for secondary, incidental, or consequential damages of any nature resulting from any work performed under this Agreement.
Request for Proposal #1289 -23
Title: Commercial Door Maintenance
11 5. EVALUATION PROCESS
5.1. Evaluation Process Overview
Vendors will be evaluated based on the criteria provided in the solicitation document.
5.2. Cost Liability
The City assumes no responsibility and bears no liability for costs incurred by bidders for any costs incurred in the preparation and submittal of a proposal. Further, this request does not obligate the City to accept or contract for any expressed or implied services.
Request for Proposal #1289 -23
Title: Commercial Door Maintenance
12 6. TERMS AND CONDITIONS
6.1. Cost Liability
The City assumes no responsibility and bears no liability for costs incurred by bidders for any costs incurred in the preparation and submittal of a proposal. Further, this request does not obligate the City to accept or contract for any expressed or implied services.
6.2. General Conditions
The City will not reimburse respondents to this Invitation to Bid for any costs incurred in the preparation and submittal of the proposal. Further, the request does not obligate the City of Manhattan Beach to accept or contract for any expressed or implied services. The City reserves the right to:
• Request any firm/person submitting a proposal to clarify its proposal during the selection phase; • Negotiate the project schedule and reasonable costs with the selected Contractor; • Modify or alter any requirements herein, and;
• Identify additional tasks to be accomplished prior to establishing a formal contractual agreement.
6.3. Taxes
The City of Manhattan Beach is exempt from paying Federal Excise Taxes. These taxes are not to be included.
6.4. Payments and Invoicing
Complete payment on the contract will be made in approximately 30 days from the complete delivery and acceptance of the merchandise or service, unless alternate terms are proposed and accepted by the City. The City may consider prompt payment discounts when calculating the lowest bid if the end result benefits the City. The City will not remit payment without an invoice.
Vendor can send invoices to [email protected] or mail to:
City of Manhattan Beach
Attn: Accounts Payable
1400 Highland Ave.
Manhattan Beach, CA 90266
Invoice shall be submitted on standard company forms on a monthly basis (if applicable) and shall contain the following information: (1) invoice number, (2) invoice date, (3) invoice period, (4) a brief description of work including location, (5) the purchase order or contract number, (6) total amount requested, (7) contractors tax ID number, (8) packing slip, and (9) if applicable, City contact name.
Payment will be made after invoice approval by the Contract Administrator, subject to the routine processing requirements of the City. Questions regarding the payment process can be emailed to [email protected].
Request for Proposal #1289 -23
Title: Commercial Door Maintenance
13 6.5. Delivery
All deliveries of such items to be furnished must be made to job sites or City warehouse within the boundaries of the City of Manhattan Beach. Where a specific delivery schedule is required, proximity to that schedule will be a consideration.
6.6. Packing and Shipping
All deliveries must be shipped F.O.B. destination. Deliveries must be made as specified, without charge, for boxing, crating or storage unless otherwise specified. Shipments for two or more destinations when so directed by the City will be shipped in separate boxes or containers for each destination, at no charge.
6.7. Authorized Distributor/Dealer
Any successful bidder must be an Authorized Distributor/Dealer for the product offered. The City reserves the right to request documentation at any time.
All orders will be F.O.B. destination if not otherwise specified. Risk of loss or damage to the goods shall remain with the vendor until delivered to and accepted by the City. The City may reject any goods that do not conform to the terms and conditions. Any goods rejected may be returned to the vendor at their risk and expense.
6.8. Manufacturer's Warranty
Bids shall be accompanied by a copy or description of the manufacturer’s warranty for the item(s) proposed. The description shall include the length and scope of the warranty, and will be evaluated as a factor in award of bid.
6.9. Business License
The successful Contractor will be required to procure a City of Manhattan Beach Business License prior to commencing work. Call Business Licensing at (310) 802-5558 for rate information or to apply for a license.
6.10. Licenses
Contractor shall be responsible for all licenses and permits required to perform this work in accordance with Federal, City and local requirements and shall pay all fees resulting there from.
6.11. Government Regulations
The bidder shall comply with all Federal, State, City, and local regulations/laws pertaining to the Commercial Door Maintenance.
6.12. Errors/Omissions
The vendor shall not be allowed to take advantage of any errors and/or omissions in these specifications or in the vendor's specifications submitted with the Bid. Full instructions will be given if such errors/omissions are discovered, and vendor agrees to abide by said instructions.
Request for Proposal #1289 -23
Title: Commercial Door Maintenance
14 6.13. Force Majeure
The vendor will be excused from the performance of the contract, in whole or in part, only by reason of the following causes:
A. When such performance is prevented by operation of law.
B. When such performance is prevented by an irresistible superhuman cause.
C. When such performance is prevented by an act of the public enemies of the United States of America, or the City of Manhattan Beach, or by strike, mob violence, fire, delay in transportation beyond the control of the vendor, or unavoidable casualty.
D. When such performance is prevented by the inability of the vendor to secure necessary materials, supplies, or equipment by reason of:
1. Appropriation of use thereof by the Federal Government or,
2. Regulations imposed by the Federal Government.
No other Force Majeure clauses or conditions may be inserted in this bid and any changes in the conditions herein will cause the bid to be rejected.
6.14. Default
If the vendor fails in any manner to fully perform and carry out each and all of the terms, covenants, and conditions of the award, then the vendor is in default of the contract. The vendor shall be notified in writing of the default status, and will be given a time frame in which to comply. If the vendor fails to comply within the time frame given, the City, at its option, may terminate or cancel the contract, and at the expense of the Contractor, complete the contract with an alternate Contractor. Such termination shall not affect or terminate any of the rights of the City against the vendor, or which may thereafter accrue because of such default. The foregoing provision shall be in addition to all other rights and remedies available to the City under law. The waiver of a breach of any term, covenant, or a condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term, covenant, or condition hereof.
6.15. Conflict of Interest
It shall be the duty of the Contractor to comply with all applicable and City and federal laws relating to the prohibited conflicts of interest. As part of its response to the RFP, the Contractor shall disclose in writing any financial, business, employment or other relationships with the City or with any of its officers, employees, or agents that are or were in existence during the twelve calendar months immediately preceding and including, the date the Contractor’s response to the RFP is filed. In addition, the Contractor shall disclose in writing, any financial, business, employment or other relationships with any contractor or engineer who may have a financial interest in securing design and/or construction contacts for the project. The Contractor shall have a continuing obligation to keep the foregoing disclosures current and up-to-date during the term of the contract, and the Contractor’s failure to timely disclose the existence of such a relationship shall be grounds for immediate termination of the contract.
Request for Proposal #1289 -23
Title: Commercial Door Maintenance
15 6.16. Patent Rights
The vendor agrees to save, keep, bear harmless, and fully indemnify the City, its officers, or agents, from all damages, costs, or expenses in law or equity that may at any time arise or be set up for any infringement of the patent rights or any person or persons in consequence of the use by the City, or any of their officers and agents, or articles supplies under any resulting contract, and of which the vendor is not the patentee or assignee, or which the vendor is not lawfully entitled to sell.
6.17. Department Policy for Grant Funded Purchases
Contractor guarantees that it, its employees, Contractors, subcontractors or agents (collectively “Contractor”) are not suspended, debarred, excluded, or ineligible for participation in Medicare, Medi- Cal or any other federal or City funded health care program, or from receiving Federal funds as listed in the List of Parties Excluded from Federal Procurement or Non-procurement Programs issued by the Federal General Services Administration. Contractor must within 30 calendar days advise the City if, during the term of this Agreement, Contractor becomes suspended, debarred, excluded or ineligible for participation in Medicare, Medi-Cal or any other federal or City funded health care program, as defined by 42. U.S.C. 1320a-7b(f), or from receiving Federal funds as listed in the List of Parties Excluded from Federal Procurement or Non-procurement Programs issued by the Federal General Services Administration. Contractor will indemnify, defend and hold the City harmless for any loss or damage resulting from the conviction, debarment, exclusion or ineligibility of the Contractor.
6.18. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction
A. The prospective lower tier participant certifies, by submission of this bid, that neither it nor its Principals [as defined at 49 C.F.R. section 29.105(p)] is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.
B. When the prospective lower tier participant is unable to certify to the City certification, such prospective participant shall attach an explanation to this bid.
6.19. Protest Procedures
The City will accord all prospective vendors fair and equal consideration in the solicitation and award of contracts. Any bidder or proposer may protest the solicitation process (10 working days prior to bid opening), the amendment (10 working days prior to bid opening or 5 working days after amendment issuance, whichever is later), or evaluation process (5 calendar days after notification of award or publicly posted); however, protests must be filed in writing within the above time frames. Protests must include name, address, telephone number and email address of the protester and/or the person representing the protesting party. The protest must provide in detail, all grounds for the protest including all facts, supporting documentation, legal authorities, and arguments in support of the grounds for the protest. Any protest not conforming to these requirements may be rejected as invalid.
Additional information from the protester may be requested by the Department Director or designee.
Protests will be considered and either sustained or denied, in part or in whole, by the Department Request for Proposal #1289 -23
Title: Commercial Door Maintenance
16 Director or designee. When sustained, the awarding authority may, based on the evidence presented reject all bids and order a re-solicitation or recommend an alternate award. Once a protest has been filed, no solicitation shall be awarded until a final determination on the protest has been issued. Protests not meeting the above time frames shall be considered untimely and may be denied on that basis.
A protest decision should ordinarily be written and published within 10 working days of protest receipt.
However, the response period may be extended if additional time is required to evaluate information pertinent to the protest.
Decisions of the Department Director or designee may be appealed to the City Manager, or designee, by the protester within 5 working days after the decision is issued to the protester. The City Manager's decision, generally within 15 working days, shall be final and conclusive, except for such remedies as state or federal law or regulation may provide.
6.20. Contract
No agreement shall be binding upon the City until a Contract is completely executed by the Contractor, City Council, and approved by the City Attorney. Failure to execute and return the contract agreement and acceptable insurance documentations in a timely manner may be just cause for the City to rescind the contact offer.
6.21. Contract Termination
The City of Manhattan Beach may terminate without cause at any time. The Contractor may cancel the contract upon 30 days written notice
6.22. Termination for Default
The City may, by written notice of default to the vendor, terminate any resulting order in whole or in part should the vendor fail to make satisfactory progress or fail to remedy discrepancies within the time set forth in any Cure Letter sent to the Contractor by the Purchasing Manager. If, after notice of termination of this contract under the provisions of this clause, it is determined for any reason that the Contractor was not in default under the provisions of this clause, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Convenience clause. The rights and remedies of City provided under this article shall not be exclusive and are in addition to any other rights and remedies provided by law or under resulting order.
6.23. Termination for Convenience
The City may - by written notice stating the extent and effective date - terminate any resulting contract for convenience in whole or in part, at any time. The City shall pay the vendor as full compensation for performance until such termination the services or pro-rate price for the delivered and accepted portion, and a reasonable amount, as costs of termination not otherwise recoverable from other sources by the Contractor as approved by the City. With respect to the undelivered or unacceptable portion of the Agreement, the amount of compensation shall in no event exceed the total price of the services rendered. In no event shall the City be liable for any loss of profits on the resulting order or portion thereof so terminated. The rights and remedies of the City provided in this article shall not be exclusive and are in addition to any other rights and remedies provided by law or under resulting order Request for Proposal #1289 -23
Title: Commercial Door Maintenance
17 6.24. Contract Extension to Other Cities/Agencies
Other Cities/Agencies may be interested in purchasing against an awarded contract, subject to the same price, terms and conditions offered to the City of Manhattan Beach, and by mutual agreement by the City and the vendor. The City does not warrant any additional use of the contract by such agencies. All requirements of the specifications, purchase orders, invoices and payments with other agencies will be directly handled by the successful Bidder and the piggybacking agency.
6.25. Registration with the Department of Industrial Relations In accordance with Labor Code Sections 1725.5 and 1771.1, no contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5 [with limited exceptions for bid purposes only under Labor Code Section 1771.1(a)].
6.26. Prevailing Wage
In accordance with Labor Code Section 1770 et seq., the Project is a “public work.” The selected Bidder (Contractor) and any Subcontractors shall pay wages in accordance with the determination of the Director of the Department of Industrial Relations (“DIR”) regarding the prevailing rate of per diem wages. Copies of those rates are on file with the Director of Public Works and are available to any interested party upon request. The Contractor shall post a copy of the DIR’s determination of the prevailing rate of per diem wages at each job site. This Project is subject to compliance monitoring and enforcement by the DIR.
6.27. Disqualification
Incomplete submissions may result in disqualification.
Request for Proposal #1289 -23
Title: Commercial Door Maintenance
18 7. VENDOR QUESTIONNAIRE
7.1. Authorized Person(s)*
Please upload a document containing the following information for each person(s) authorized to submit a response on behalf of your organization:
Name
Title
Phone Number
Email Address
In addition, please upload your corporate seal and signature here. *Response required
7.2. Type of Business*
Please provide how your business is categorized.
*Response required
7.3. Type your Legal Company Name here*
Please enter your Legal Company Name in the associated link and attach a copy showing "Active" status.
This will be verified against the State's database.
*Response required
7.4. Federal Debarment*
Is your company on the Federal debarment list?
☐ Yes
☐ No
*Response required
7.5. Federal Debarment Document
Please upload your Federal Debarment document. This can be found at https://sam.gov/content/exclusions/federal
7.6. Understanding Scope of Work *
Please upload all documents pertaining to understanding the scope of work for this project. *Response required
Request for Proposal #1289 -23
Title: Commercial Door Maintenance
19 7.7. Firm's Qualifications and Experience*
Please upload all documents pertaining to the firm's qualifications and experience in providing school crossing guard services.
*Response required
7.8. Qualifications, Experience, and Availability of Proposed Staff* Please upload all documents pertaining to the qualifications, experience, and availability of trained crossing guard staff in the Los Angeles area.
*Response required
7.9. References*
Please upload at least 3 references pertaining to the firm's past projects. These references will be checked and may affect the award of the contract. The City of Manhattan Beach reserves the right to contact any of the organizations or individuals listed or any others that may stem from the inquiry. *Response required
7.10. Proposed Methodology for Completing the Scope of Work* Please upload all documents pertaining to the proposed methodology for completing the scope of work. *Response required
7.11. Cost*
Please upload all costs pertaining to the proposed scope of work. Utilize the Commercial Door Maintenance Cost Proposal as your template which can be found in the attachment section of this RFP.
For reference only the Commercial Door Maintenance Inventory has been included. *Response required
7.12. Sample Agreement*
Please confirm you have reviewed the attached sample agreement. ☐ Yes
☐ No
*Response required
7.13. Availability of Documents*
If awarded the contract, contractor agrees to provide W-9 and required insurance documents per the sample agreement within 72 hours of award.
☐ Yes
☐ No
Request for Proposal #1289 -23
Title: Commercial Door Maintenance
20 *Response required