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HomeMy WebLinkAbout08 - CC-8 - Vehicle Lighting and Equipment Installat - 7/5/2016CITY COUNCIL AGENDA REPORT MEETING DATE: July 5, 2016 ITEM NUMBER: CC -8 SUBJECT: VEHICLE LIGHTING AND EQUIPMENT INSTALLATION SERVICES DATE: June 23, 2016 FROM: PUBLIC SERVICES DEPARTMENT — MAINTENANCE SERVICES DIVISION PRESENTATION BY: BRUCE HARTLEY, MAINTENANCE SERVICES MANAGER FOR FURTHER INFORMATION CONTACT: BRUCE LINDEMANN (714) 327-7470 RECOMMENDATION Approve and authorize the Chief Executive Officer and the City Clerk to execute a three (3) year service agreement for the vehicle lighting and equipment installation services with Stommel Inc. dba. LEHR, 1370 North McCain Street, Anaheim, CA 92806, effective July 6, 2016 through July 5, 2019, in an amount not to exceed $150,000 annually (Attachment 1). 2. Authorize the Chief Executive Officer to renew the agreement for two (2) additional one year terms, upon mutual agreement of both parties. BACKGROUND The City of Costa Mesa maintains an inventory of approximately three hundred forty (340) vehicles and pieces of equipment. The City annually purchases replacement emergency and public works vehicles which require the addition of emergency equipment, radios, safety lighting and other components to meet the requirements of the City departments' intended use of the vehicle. The primary departments that require vehicles with lighting and equipment are the Police Department, Fire Department and the Public Services Department. "Code 3 Equipment", which includes emergency safety lighting, rear seat prisoner barriers, prisoner retention seating, center console units, trunk -mounted electronic component trays, weapon retention systems and push bumpers, is added to police vehicles prior to putting them into service. Fire vehicles typically receive only lighting equipment, with most other specialized equipment included in the initial purchase of the apparatus. Non -emergency vehicles typically require less extensive equipment, primarily focused on safety and visibility. This equipment includes flashing amber lighting, rear window protective screening, and reflective graphics. On April 29, 2016 the Purchasing Division advertised an Invitation for Bid No.16-38 for Vehicle Lighting and Equipment Installation Services. As required by the City of Costa Mesa Municipal Code, the "Notice Inviting Bids" was sent to qualified vendors, published in the Daily Pilot Newspaper and posted on the City's website (Attachment 2). The IFB No. 16-38 for Vehicle Lighting and Equipment Installation Services was released with the following schedule: Release of IFB No. 16-38 April 29, 2016 Deadline for Written Questions May 3, 2016 Responses to Questions Posted on City's website May 5, 2016 Bids Due May 13, 2016 Award of Contract July 5, 2016 In response to questions from interested bidders, an Addendum was issued with a revised bid sheet (Attachment 3). In response to IFB No.16-38, three (3) vendors submitted bids. • Stommel Inc. dba. LEHR • COMMLine Inc. • AEP -California, LLC ANALYSIS IFB No. 16-38 allowed bidders to provide bid information based on equipment specifically selected for the City of Costa Mesa's Police Department vehicles, which are expected to be the largest portion of the work. An extensive parts list supplied to the prospective bidders provided the opportunity for each company to offer their best price on parts, equipment, discounts, warranties, installation services, hourly rate charges and a miscellaneous parts charge. A bid evaluation and tabulation was conducted by the Purchasing Division. The results identified Stommel Inc. dba. LEHR (LEHR) as the lowest, responsive and responsible bidder (Attachment 4). References were checked. A questionnaire was sent by Purchasing Division to municipalities that currently have contracts in place for services similar to those in the City's IFB No.16-38, Attachment A, Scope of Work with LEHR, in regards to service levels and workmanship. All responses received were favorable. FISCAL REVIEW Funding for this contract is included in the FY16-17 Public Services Department Operations and Maintenance budget. ALTERNATIVES CONSIDERED The Council could reject the bids and direct staff to re -advertise the work. However, it is not likely new bids with lower pricing would be obtained. LEGAL REVIEW The City Attorney's Office has reviewed and approved the attached agreement as to form. CONCLUSION Proper installation of `Code 3' components and other emergency equipment is an integral part of maintaining a municipal vehicle fleet. It is critical to placing new and/or replacement emergency vehicles into service in a timely and safe manner. The award of this contract to Stommel Inc. dba LEHR will allow for the timely outfitting of emergency and public works vehicles and delivery to the affected City departments. Stommel Inc. dba. LEHR was the lowest responsive and responsible bidder and has performed well in a similar capacity for the City in the past. It is therefore recommended that the Council award the proposed three (3) year service agreement with two (2) optional one year renewals to Stommel Inc. dba. LEHR as a cost effective method to ensure that emergency and non -emergency vehicles are up -fitted with the proper equipment. Ir JAMES ROSS Interim Public Services Director Attachments: 1. Agreement 2. Invitation for Bid NO. 16-38 3. Addendum 4. Bid Tabulation C: Stommel Inc. dba. LEHR 1370 North McCain Street Anaheim, Ca 92806 BRUCE HARTLEY Maintenance Services Manager 3 ATTACHMENT #1 CITY OF COSTA MESA PROFESSIONAL SERVICES AGREEMENT WITH STOMMEL, INC. DBA LEHR THIS AGREEMENT is made and entered into this 6th day of July, 2016 ("Effective Date"), by and between the CITY OF COSTA MESA, a municipal corporation ("City"), and STOMMEL, INC., a California corporation dba LEHR. ("Consultant"). WITNESSETH: A. WHEREAS, City proposes to utilize the services of Consultant as an independent contractor to provide vehicle lighting and equipment installation services, as more fully described herein; and B. WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California Government Code Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and C. WHEREAS, City and Consultant desire to contract for the specific services described in Exhibit "A" and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and D. WHEREAS, no official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1.0. SERVICES PROVIDED BY CONSULTANT 1.1. Scope of Services. Consultant shall provide the professional services described in the Scope of Work, attached hereto as Exhibit A, and Consultant's Bid, attached hereto as Exhibit "B," both incorporated herein by this reference. 1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant's performance of this Agreement. 1.3. Performance to Satisfaction of City. Consultant agrees to perform all the work to the complete satisfaction of the City and within the hereinafter specified. Evaluations of the work will be done by the City's Chief Executive Officer ("City CEO") or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to: (a) Meet with Consultant to review the quality of the work and resolve the Stommel, Inc. dba Lehr PSA 2016 4 matters of concern; (b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or (c) Terminate the Agreement as hereinafter set forth. 1.4. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement. 1.5. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. 1.6. Non -Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement. 1.7. Deleqation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant's sole cost and expense. 1.8. Confidentiality. Employees of Consultant in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement. 2.0. COMPENSATION AND BILLING 2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit B. Consultant's total annual compensation shall not exceed One Hundred Fifty Thousand Dollars ($150,000.00). 2.2. Additional Services. Consultant shall not receive compensation for any services 2 Stommel, Inc. dba Lehr PSA 2016 5 provided outside the scope of services specified in Consultant's Bid unless the City or the Project Manager, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. 2.3. Method of Billing. Consultant may submit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Consultant's services which have been completed to City's sole satisfaction. City shall pay Consultant's invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail, the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices. 2.4. Records and Audits. Records of Consultant's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times from the Effective Date until three years after termination of this Agreement. 3.0. TIME OF PERFORMANCE 3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement. 3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. 4.0. TERM AND TERMINATION 4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of three (3) years, ending on July 5, 2019, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. This Agreement may be renewed by two (2) additional one (1) year periods upon mutual written agreement of both parties. 4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing written notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. 4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City's written notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually 3 Stommel, Inc. dba Lehr PSA 2016 Di rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant. 4.4. Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant. 5.0. INSURANCE 5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated "A," Class X, or better in the most recent Best's Key Insurance Rating Guide, and approved by City: (a) Commercial general liability, including premises -operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit. (b) Business automobile liability for owned vehicles, hired, and non -owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence for bodily injury and property damage. (c) Workers' compensation insurance as required by the State of California. Consultant agrees to waive, and to obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City, its officers, agents, employees, and volunteers arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies. (d) Professional errors and omissions ("E&O") liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. Architects' and engineers' coverage shall be endorsed to include contractual liability. If the policy is written as a "claims made" policy, the retro date shall be prior to the start of the contract work. Consultant shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder. 11 Stommel, Inc. dba Lehr PSA 2016 7 5.2. Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions: (a) Additional insureds: "The City of Costa Mesa and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant." (b) Notice: "Said policy shall not terminate, be suspended, or voided, nor shall it be cancelled, nor the coverage or limits reduced, until thirty (30) days after written notice is given to City." (c) Other insurance: "The Consultant's insurance coverage shall be primary insurance as respects the City of Costa Mesa, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Costa Mesa shall be excess and not contributing with the insurance provided by this policy." (d) Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Costa Mesa, its officers, officials, agents, employees, and volunteers. (e) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5.3. Deductible or Self Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention. 5.4. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. The certificates of insurance shall be attached hereto as Exhibit "C" and incorporated herein by this reference. 5.5. Non -limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property. 6.0. GENERAL PROVISIONS 6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including +9 Stommel, Inc. dba Lehr PSA 2016 D exhibits to this Agreement. 6.2. Representatives. The City CEO or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement. Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement. 6.3. Project Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement. Consultant shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement. Consultant or its Project Manager shall attend and assist in all coordination meetings called by City. 6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery and b) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail. IF TO CONSULTANT: Stommel, Inc. dba LEHR 1370 North McCan Street Anaheim, CA 92806 Tel: (714) 336-3723 Attn: Kelley Brophy IF TO CITY: City of Costa Mesa 77 Fair Drive Costa Mesa, CA 92626 Tel: (714) 327-7470 Attn: Bruce Lindemann 6.5. Drug-free Workplace Policy. Consultant shall provide a drug-free workplace by complying with all provisions set forth in City's Council Policy 100-5, attached hereto as Exhibit "D" and incorporated herein by reference. Consultant's failure to conform to the requirements set forth in Council Policy 100-5 shall constitute a material breach of this Agreement and shall be cause for immediate termination of this Agreement by City. 6.6. Attorneys' Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. 6.7. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California. N Stommel, Inc. dba Lehr PSA 2016 01 6.8. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement. 6.9. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify, hold free and harmless the City, its elected officials, officers, agents and employees, at Consultant's sole expense, from and against any and all claims, actions, suits or other legal proceedings brought against the City, its elected officials, officers, agents and employees arising out of the performance of the Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Consultant, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Consultant, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, agents and employees based upon the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City's specifications or Consultant's Proposal, which shall be of no force and effect. 6.10. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this paragraph. 6.11. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement 7 Stommel, Inc. dba Lehr PSA 2016 10 System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits. 6.12. Cooperation. In the event any claim or action is brought against City relating to Consultant's performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require. 6.13. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City. 6.14. Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court. 6.15. Conflict of Interest. Consultant and its officers, employees, associates and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant and its officers, employees, associates and subconsultants shall not, without the prior written approval of the City Representative, perform 0 Stommel, Inc. dba Lehr PSA 2016 11 work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute. 6.16. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction. 6.17. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect. 6.18. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced. 6.19. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 6.20. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. 6.21. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 6.22. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 6.23. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement. 6.24. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy 9 Stommel, Inc. dba Lehr PSA 2016 12 in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 6.25. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations. 6.26. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. 6.27. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. CITY OF COSTA MESA, Mayor CONSULTANT Signature Name and Title Social Security or Taxpayer ID Number ATTEST: City Clerk 10 Date: Date: Stommel, Inc. dba Lehr PSA 2016 13 APPROVED AS TO FORM: City Attorney APPROVED AS TO INSURANCE: Risk Management APPROVED AS TO CONTENT: Project Manager DEPARTMENTALAPPROVAL Interim Public Services Director APPROVED AS TO PURCHASING: Interim Finance Director 11 Date: Date: Date: Date: Date: Stommel, Inc. dba Lehr PSA 2016 14 EXHIBIT A SCOPE OF WORK 15 EXHIBIT B CONSULTANT'S BID 16 EXHIBIT C CERTIFICATES OF INSURANCE 17 EXHIBIT D CITY COUNCIL POLICY 100-5 18 SUBJECT POLICY EFFECTIVE PAGE NUMBER DATE DRUG-FREE WORKPLACE 100-5 8-8-89 1 of 3 BACKGROUND Under the Federal Drug -Free Workplace Act of 1988, passed as part of omnibus drug legislation enacted November 18, 1988, contractors and grantees of Federal funds must certify that they will provide drug-free workplaces. At the present time, the City of Costa Mesa, as a sub -grantee of Federal funds under a variety of programs, is required to abide by this Act. The City Council has expressed its support of the national effort to eradicate drug abuse through the creation of a Substance Abuse Committee, institution of a City-wide D.A.R.E. program in all local schools and other activities in support of a drug-free community. This policy is intended to extend that effort to contractors and grantees of the City of Costa Mesa in the elimination of dangerous drugs in the workplace. PURPOSE It is the purpose of this Policy to: 1. Clearly state the City of Costa Mesa's commitment to a drug-free society. 2. Set forth guidelines to ensure that public, private, and nonprofit organizations receiving funds from the City of Costa Mesa share the commitment to a drug-free workplace. POLICY The City Manager, under direction by the City Council, shall take the necessary steps to see that the following provisions are included in all contracts and agreements entered into by the City of Costa Mesa involving the disbursement of funds. 1. Contractor or Sub -grantee hereby certifies that it will provide a drug-free workplace by: a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in Contractor's and/or sub -grantee's workplace, specifically the job site or location included in this contract, and specifying the actions that will be taken against the employees for violation of such prohibition; 19 SUBJECT POLICY EFFECTIVE PAGE NUMBER DATE DRUG-FREE WORKPLACE 100-5 8-8-89 2 of 3 U. l_0 10 1 1 ly a ul uy-rIee Hwareness r-rogram io inrorm employees about: 1. The dangers of drug abuse in the workplace; 2. Contractor's and/or sub -grantee's policy of maintaining a drug-free workplace; 3. Any available drug counseling, rehabilitation and employee assistance programs; and 4. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; c. Making it a requirement that each employee to be engaged in the performance of the contract be given a copy of the statement required by subparagraph A; d. Notifying the employee in the statement required by subparagraph 1 A that, as a condition of employment under the contract, the employee will: 1. Abide by the terms of the statement; and 2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction; e. Notifying the City of Costa Mesa within ten (10) days after receiving notice under subparagraph 1 D 2 from an employee or otherwise receiving the actual notice of such conviction; f. Taking one of the following actions within thirty (30) days of receiving notice under subparagraph 1 D 2 with respect to an employee who is so convicted: 1. Taking appropriate personnel action against such an employee, up to and including termination; or 2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health agency, law enforcement, or other appropriate agency; 20 SUBJECT POLICY EFFECTIVE PAGE NUMBER DATE DRUG-FREE WORKPLACE 100-5 8-8-89 3 of 3 g. Making a good faith effort to maintain a drug-free workplace through implementation of subparagraphs 1 A through 1 F, inclusive. 2. Contractor and/or sub -grantee shall be deemed to be in violation of this Policy if the City of Costa Mesa determines that: a. Contractor and/or sub -grantee has made a false certification under paragraph 1 above; b. Contractor and/or sub -grantee has violated the certification by failing to carry out the requirements of subparagraphs 1 A through 1 G above; c. Such number of employees of Contractor and/or sub -grantee have been convicted of violations of criminal drug statutes for violations occurring in the workplace as to indicate that the contractor and/or sub -grantee has failed to make a good faith effort to provide a drug-free workplace. 3. Should any contractor and/or sub -grantee be deemed to be in violation of this Policy pursuant to the provisions of 2 A, B, and C, a suspension, termination or debarment proceeding subject to applicable Federal, State, and local laws shall be conducted. Upon issuance of any final decision under this section requiring debarment of a contractor and/or sub -grantee, the contractor and/or sub -grantee shall be ineligible for award of any contract, agreement or grant from the City of Costa Mesa for a period specified in the decision, not to exceed five (5) years. Upon issuance of any final decision recommending against debarment of the contractor and/or sub -grantee, the contractor and/or sub -grantee shall be eligible for compensation as provided by law. 21 EXHIBIT A SCOPE OF WORK 22 Bid 16-38-C00932 ATTACHMENT A SCOPE OF WORK L BACKGROUND: The City of Costa Mesa maintains a mixed inventory of vehicles including police patrol, support, miscellaneous emergency, undercover and various public works vehicles that require total and partial vehicle up -fitting of all lighting, necessary components and emergency equipment. The awarded contract will encompass parts supply and installation services of all lighting and related equipment components. II. SCOPE OF SERVICES: Contractor shall provide vehicle equipment, lighting, supplies, and equipment installation services on an as -needed basis. A. VEHICLE EQUIPMENT — MINIMUM INSTALLATION REQUIREMENTS 1. This section describes the general vehicle emergency lighting and response equipment wiring for installation. All equipment listed will be mounted and wired to a wiring harness and fuse panel; all items and electronic equipment to terminate at component within the vehicle. All hardware is to be installed with a securely mounted service loop to ease future service. Supplier shall install equipment per the following specifications. B. Wire and Harness Specifications I . All wire is to be color coded with no repeats in color on same gauges of wire. Any wiring of same color and size must be differentiated by a continuous trace of different color. All wire shall be clearly labeled to identify purpose of said wire. Wire shall be of SXL (Cross Linked Polyolefin Insulated) XLP type, Heat resistance rates according to SAE -J-1128 and Abrasion Resistance rating to meet or exceed MIL T-5438. 2. The wiring harness/fuse panel shall be modular in design. The harness shall include all power wires and any trigger or activation wires so that no extra wires are outside the harness. This harness shall include all under -hood wiring, strobe, back flash, rear light -kill wires, MDC pre -wire, etc. Additional labeled power wires not currently used shall be wired into the harness to facilitate future equipment upgrades. Future use power wires shall have Rise terminal locations pre-existing in the modular fuse panel. 3. All fuse terminal connectors shall be crimped using an automatic crimping tool to avoid Louder/over crimping. Fused terminal connectors shall be wired as a continuous run to the hardware it controls. Butt and crimp connectors must be nylon (not vinyl) and usage kept to a minimum throughout the vehicle. No push on Page 29 of 42 23 Bid 16-38-CO0932 terminals of any type, including but not limited to Scotch -Luc or T -Tap connectors, are to be used within the harness or the completed vehicle, Every item within the vehicle must be individually fused within the modular panel and any fuses over 30 amps in value shall be a maxi -fuse. Each component's wiring must be sized to handle at least 125% of that circuit capacity. All wire runs are to be within factory wiring channels, and secured every 6 inches at a minimum. Extra wiring is to be cut short; still allowing a service loop, but no bundles of wire under the carpet, dash, or trunk will be acceptable. The fuse/relay panel itself must be secured to the passenger side inner fender or trunk and have the solenoid and power timer contained within the panel. The construction material of the panel must be of a plastic composite that is rated to withstand under -hood and trunk temperatures that will be seen over the service period of the vehicle. No fuses shall be mounted in any other location within the vehicle. The power timer shall be mounted within or beneath the panel so as to protect it from moisture. A single 4 -gauge power wire shall be wired directly to the battery positive terminal from the solenoid. All power wires from the modular fuse panel shall then hook up to the backside of the solenoid, which is controlled by the power timer. All future use wiring in electrical harness shall be neatly contained within back of console body. 4. All wiring runs, equipment locations, and fuse layouts are to be identical on every unit, and a diagram must be provided with each series of vehicles built. A laminated card shall be affixed near the fuse panel and shall indicate the location and function of each fuse within the panel, including future use wiring and values. 5. All supplemental wiring is to be continuous runs with no cable extension other than at the hardware to which it is wired. The master ground is to be an 8 -gauge wire connecting from the factory ground terminal terminating with a common ground bolt in the console. All grounds not wired to the common ground shall use star type lock washers at the ground end, i.e. head light flasher, shobe power supply. C. Installation of City of Costa Mesa Vehicle Decals 1. The City of Costa Mesa will provide the Contractor with the appropriate vehicle decals. The Contractor will be required to install vehicle decals as directed by the City of Costa Mesa fleet maintenance supervisor. Page 30 of 42 24 Bid 16-38-CO0932 III. CONTRACTOR MINIMUM REQUIREMENTS A. Contractor shall comply with the following: 1. Be in the primary business of up- fitting/installing Code 3 emergency equipment on Police patrol vehicles and emergency service vehicles for minimum of 5 years. 2. Have an established facility (3 years minimum) within 50 miles of the City of Costa Mesa Corporation Yard, located at 2310 Placentia Ave. Costa Mesa CA 92627. 3. Prior to awarding a contract, the City will conduct an inspection of the contractor's facility to determine compliance and the quality of the facility. 4. Items requiring fabrication will be quoted by contractor and approved in advance by The City's fleet maintenance supervisor or designee. 5. Contractor's primary installers (supervising technicians/employees) must be qualified technicians and have at least 2 years of experience installing lighting and equipment on various types of patrol vehicles and equipment including, but not limited to, law enforcement sedans, sport utility vehicles, trucks, undercover vehicles, trailers and off-highway vehicles. Upon request Contractor will be required to submit documentation describing Contractor's requirements in regard to employee qualifications. 6. Contractor shall complete the work within ten (10) business days after Contractor has accepted the vehicle. Should Contractor fail to complete the work in the time specified, additional work time may be allowed upon the written approval of the City fleet maintenance supervisor or designee. 7. The contractor shall be responsible for pick-up, delivery and/or towing of new/disposal vehicles in accordance with the scope of work. All orders must be shipped FOB Destination. All deliveries must be coordinated with the City of Costa Mesa fleet maintenance supervisor. Page 31 of 42 25 Rid 16.38-CO0932 8. Contractor shall provide new/unused, highest quality products, designed for maximum service life with all applicable federal, state, and local regulations including the State of California Motor Vehicle Code. 9. Contractor shall be experienced in all phases of designing, installing and repairing of emergency vehicle response equipment and lighting. 10. Authorized representative(s) of the City shall be permitted to inspect the Supplier's facility, subcontractor's facility, and/or plant prior to the award of this contract. After the award of the contract, authorized representative(s) of the City shall be permitted to inspect the Supplier's facility, subcontractor's facility, and/or plant on a periodic basis. More frequent inspections shall be pemiitted if problems develop and remain unresolved. 11. Contractor's facility shall have the necessary capacity, machinery, and tools, at the time of proposal submission to fulfill the City's needs and requirements, 12. Contractor will be required to have sufficient space to store City product inventory and will be responsible for the quality of installation. 13. Contractor may be required to install, repair, and warrant installed vehicle Emergency Response Equipment at City facilities and in the field. 1. All warranty repairs will be completed at the City of Costa Mesa Fleet Services facility. 2. At the discretion of the City's Fleet Maintenance Supervisor, warranty repairs may also take place at the Contractors location. 3. Contractor will arrange and/or schedule through the Fleet Maintenance Supervisor any off-site repairs. Gant Corum, Fleet Maintenance Supervisor City of Costa Mesa Fleet Services: 2310 Placentia Ave Costa Mesa CA 92627 (714) 327-7481 Page 32 of 42 26 Bid 16-38-C00932 14, The City has the right to inspect work performed on a City vehicle at Contractors facility at any time, whether or not the services have been completed. Contractor agrees that the City has the right to audit any work performed by the Contractor. 15, The City reserves the right to make an award on any category/group of items or in the aggregate to that/those lowest responsible Supplier(s) who proposal(s) is/are most responsive to the needs of the City. The City also reserves the right to make multiple awards, if advantageous to the City, to ensure continuity of supply should a surge in the City's requirements exceed the capacity or capability of the primary Supplier(s). All items per category must be quoted in order for your bid to be considered responsive. 16. Upon request, Contractor will need to provide a detailed background check process that is performed on your employees or a copy of your company's internal policy pertaining to employee background checks. IV. CONTRACTOR PERFORMANCE A. Contractor shall comply with the following; 1. If the installation is not acceptable to the City, the Supplier shall be responsible for installing portions or the complete vehicle at no additional cost to the City. 2. Contractor shall furnish new parts and equipment of the highest quality, colnplying with the specifications and free from all defects whatsoever in workmanship and materials, for a minimum period of one year from the date of delivery. No substitutions will be allowed under this contract, unless approved in advance and made in writing by the City. 3. Replacements and repairs on faulty equipment or errors in installations shall be made by the Contractor at no additional cost and to the satisfaction of the City. Equipment installations shall be guaranteed for as long as the City owns/possesses the vehicle. 4. The City has the right to make the final determination as to whether services have been satisfactorily completed. Should any portion of the installation Page 33 of 42 27 Bid 16-38-000932 work, due to any cause, not be in accordance with the specifications or is not satisfactorily completed, it may be rejected and the Contractor must make a satisfactory arrangement with the City before proceeding with other work. 5. The Contractor shall promptly correct all work rejected by the City as faulty, defective, or failing to conform to the product specifications or scope of work defined herein, whether observed before or after substantial completion of the work and whether or not inspected, tested, repaired, fabricated, installed, or completed. The Contractor shall bear all costs of correcting such rejected work. 6. Contractor shall be held responsible for any damage, breakage or loss of the City's vehicles or equipment while performing service on the City's vehicles, and shall be responsible for restoring or replacing any damaged equipment, vehicles, etc. to the satisfaction of the City and at the sole expense of the Contractor. Any damages to City vehicles or equipment resulting from services performed shall be reported to the City immediately. V. WORKMANSHIP All emergency equipment, dome light, and spotlight are required to be wired to an auxiliary power source in the rear of the vehicle. All power should be timed and disconnected as to protect the vehicle from a dead battery. 2. Installation Tools/Equipment: all installation tools and equipment used by the Contractor to install equipment on City vehicles shall be of the highest quality in accordance with industry standards. VI. DECOMMISSIONING 1. At the City's request the vendor will remove all aftermarket equipment (including OEM ballistic panels) owned by the City and return this equipment to the City location specified in the contract. Decommissioning will take place on a one-to-one vehicle basis. 2. One-to-one = removing Code 3 and non -Code 3 equipment from vehicle A and installing equipment on new vehicle B; any remaining parts will be returned to Fleet Services. Page 34 of 42 28 Bid 16-38-000932 VII. DELIVERY AND PICK UP A. All deliveries and pick-ups shall be coordinated with the appropriate City personnel and discussed with the fleet maintenance supervisor on the day it is to occur. The City will not accept unscheduled deliveries; some decommissioned vehicles may require towing to and from contractor location. B. Vehicle Pick-up: The Contractor shall be required to pick up vehicles from the City that have been scheduled to receive installation of equipment. The pick-up location is listed below. City of Costa Mesa City Corporation Yard 2310 Placentia Ave. Costa Mesa CA 92627 C. Vehicle Delivery: The Contractor shall be required to deliver completed vehicles to the specified City location. Within 3 business days, the City will complete a final inspection of all of the equipment components installed on the vehicle prior to authorizing payment. Vehicles shall be delivered to: City of Costa Mesa City Corporation Yard 2310 Placentia Ave Costa Mesa, CA 92627 Page 35 of 42 W VIII. POLICE PATROL VEHICLE —SPECIFICATIONS & PARTS LIST A. Vehicle Makes/Models 1. Ford Utility Interceptor — Patrol Vehicle 2, Ford Taurus 3. Ford Fusion 4. Chevrolet Tahoe 5. Ford Crown Victoria 6. Ford F 150 & 250 Pickup Truck 7. Miscellaneous vehicles as needed B. Vehicle Equipment — Parts List tem# Manufacturer Description Part Number Setina Aluminum push bumper PB400-VS 1 Code 3 LED hide a blast RED HB6PAK-R 2 Code 3 LED hide a blast Amber HB6PAK-A 3 Code 3 Mirror mount kit TRSRVMEXI 4 Code 3 LED red with black bezel TRX6R 5 Code 3 LED blue with black bezel TRX613 6 7 Code 3 Led LIGHT BAR 2747MC/ C25599 Code 3 Citadel rear light system CITE56-RB Code 3 Siren/ light control system Z3 9 Code 3 Siren speaker C3100FX2 10 Troy Dual beverage holder AC-INBHG 11 Troy Command console with CC-FDUV-MCl8 12 faceplates Troy Adjustable armrest AC-ARMMNT-NS 13 Troy Computer mount with swing arm C.M-SDMT-SL-M800 14 Troy Safety partition TP -1 15 Page 36 of 42 Bid16-38-000932 we tem# Manufacturer Description Part Number Troy Lower extension panel 2-KP-FDUV-F 16 17 Troy Rear safety partition TP-FDUV-R Magnetic Mic Magnetic Mic Holder MMSU-1 18 Setina Dual weapon mount system GK10301S1UHKSSCAXL 19 Setina Gun lock Universal XL 20 Setina Rear window barrier with metal bar WK05141TU12 21 Aedee Prisoner seat SL VIC1311 22 Troy Tilt up cargo mount AC-UV-CARGO-MNT 23 Troy Electronics tray IT AC -UV -TRA -H 24 Code 3 Torus 6 -UP LED Amber TRX6-A 25 Code 3 Torus 6 -UP LED Blue TRX6-13 26 Code 3 Mounting bracket TLB -PI 27 Santa Cruz Gun lock timer SC -7009A 28 Santa Cruz Momentary gun release switch SC -1902 29 Code 3 LED light bar 2747AI CC 30 Code 3 10OW siren speaker C310OF150-15 31 Troy Console CC -MC -18 32 Unity Spotlight 335PL-0002 33 Unity Drivers side post mount kit 189 DIS 34 Unity Pass side post mount kit 189RH P/S 35 Ecco Amber LED Lightbar 27-00004-E 36 Ecco Amber LED Lightbar 27-00003-E 37 Ecco Hide -A -LED flange mount amber 9013A 38 Page 37 of 42 Bid 16-38•CO0932 31 C� 32 Stommel Inc. dba. LEHR 1370 North McCan Street .Anaheim, CA 9280O Kelley Brophy -Manager 714-330-3723 l Delivered as Promised City of Costa Mesa City Hall Office of the City Clerk 77 Fair Drive Costa Mesa, CA 92628 BID: No. 16-38-C00932 Vehicle Lighting and Equipment Installation Services Due: May 13, 2016 2:OOPM (P.S.T) City of Costa Mesa Office of the City Clerk 77 Fair Drive Costa Mesa, CA 92628-1200 To who it may concern LL_7Z:1 Delivered as Promised May 13, 2016 Please except this bid No. 16-38-CO0932 Vehicle Lighting and Equipment Installation Service. On behalf of Stommel Inc. dba Lehr. We are pleased to present this bid and would like to work with your staff on supplying the police equipment and installation service for your police vehicles. Lehr has been supplying police equipment and installing police vehicles for over 27 years and working with hundreds of agencies. Lehr now has five locations in the state of California and Oregon area and employees over 55 certified install technicians. The Anaheim shop is local within19 miles from your city shop and we have over 8000 square feet of working space with 8 full time installation techs to service your vehicles. The shop also has storage for parking vehicles inside and out with security fence and video security cameras throughout the grounds. Lehr is pleased to except your terms in bid No. 1 6-38-CO0932 and will honor all terms set forth in the RFP. Lehr's staff will work closely with staff of City of Costa Mesa on ordering and supplying equipment in a timely manner along with upfitting service for vehicles. Lehr's equipment parts are covered under manufactures warranty and if an issue comes up with any parts that Lehr installs we will replace it and handle all warranty or RMA's needed. Lehr will always help resolve the issue or just replace it. Lehr will provide part service within 24 to 72 hours after notification from city service staff either by email or telephone. Lehr has attached all documents and can provide more if necessary and also attached pricing quotes. On behalf of Lehr I would like to thank you for allowing us to bid No. 16-38-CO0932 and hope to work with you and your staff. Kelley Brophy Manager LEHR-Anaheim 714-336-3723 1 EXECUTIVE Stommel Inc. DBA Lehr is a Value Added Solution Provider specializing in emergency vehicle equipment for public safety and private security markets. The company Lehr was formed in 1945 as an automotive electrical repair facility. In the early 1990's Lehr was approached by many municipal customers seeking a viable supplier for emergency fighting and vehicle equipment. After being a family run business for 60 years, May 2006 Ken Lehr sold the business to Jim Stommel (aka Stommel, Inc.). With over 25 years of automotive accessory experience Jim stepped into the roll without incident. In September 2010 Lehr (Stommel, Inc.) acquired Pursuit North in Martinez, Ca. The acquisition will allow Lehr and Pursuit Forth to maximize purchasing power and better serve the client base in the Bay Area. On October 1St„ 2014 Lehr (Stommel, Inc.) open a third facility in Anaheim, California and now with three facility Lehr is able to provide service to their southern California customers. Our mission is to be one of the dominant players in this highly specialized market. Fulfillment of this mission clearly requires many core product lines such as Whelen, Code 3, Federal Signal, Havis, Gamber Johnson, Troy Products, Setina, Go Rhino, Ray Allen K-9, Panasonic Toughbook, Panasonic In car Video System, Vigilant APLR, Getac as well as knowledgeable and competent sales and technical staff, and the services and support systems necessary to make it all work. Jim Stommel was very fortunate that Lehr and Pursuit North already employed some of the most talented individuals with skill sets to equip vehicles to the highest standards that our customers deserve. Now with the new additions, Jim Stommel has added that all of our personnel are well trained as they go through a rigorous set of training programs and mentoring to insure we maintain our quality of workmanship. The services we provide encompass the complete design from bumper to bumper defining requirements, hardware requirements; configuration, scheduling and project deployment. Our value proposition is very straight forward. We service one market with the best major brands with proven expertise and, we offer the complete solution from pre -deployment to deployment to post deployment. We truly are experts on emergency vehicle equipment. Project Management is a key component in our offering and is done at the corporate level with in field implementation. This value prop differentiates us from our competition and usually makes us vendor of choice Page 2 of 2 35 We are a California Certified Small Business and are committed to this industry. Lehr Auto Electric/Pursuit North/Lehr Anaheim/Lehr Sparks/Auto Additions will provide the necessary assets to maintain a strong and dominant company who operates to very high Standards with respect to our employees, our products, and the communities in which we reside. Lehr Auto is committed to being the best emergency vehicle up fitter in the state Locations Lehr Auto Electric Pursuit North, Lehr - Anaheim 4707 Northgate Boulevard Division of Lehr 1370 North McCan Street Sacramento, CA 95834 661 Garcia Avenue Anaheim, CA 9280 916-646-6626 Pittsburg, CA 94565 714-988-4830 916-646-6656 925-370-2144 Fax: 714-414-0244 Lehr - Sparks Auto Additions, a division of 1320 Freeport Blvd, Ste. 111 Lehr Sparks, NV 89431 3925 Fairview industrial Dr. 775-800-4172 SE, Ste. 150 Salem, OR 97302 503-393-3910 • Auto Electrical diagnostics and repair • Emergency equipment sales • Emergency equipment installation • On -Site installation & repair • Custom Bracket & Mounting Fabrication • 12V vehicle systems installation • Mobile Data terminal sales and installation Jim Stommel, President Lehr • Concealed equipment installation • Radio & communication equipment installation • Patrol Vehicle Installation • Command vehicle installation • K9 Vehicle equipment installation • In -Car Video & LPR sales and installation Page 2 of 2 36 Bid 16-38-CO0932 Appendix A Part Pricing Sheet Bid 16-38-CO093,4 38 tem Manufacturer! Description UOIM Annual Usage Part Number % Discount Price per Par( Product Warranty Senna Aluminum EA 15 P13400 -V5 push bumper 2 77 1 le Code LED hide a EA 15 j FIBOAK-11 3 i I blast RED Code 3 LED hide EA 15 HB6,PAK- f a Blast A 4 Amber Code 3 Mirror EA 15 RSR VME,xI, mount kit Code 3 LEI7 red E A is with black TRX6R 6 Code 3 LED blue FA 1-5 TRX613 with black bezel —Led L 7 Code 3 LIGHT EA —15 2747MC/ BAR C25599 Code 3 CITEXI -RB light system 7 9 Code 3 Sire, light —IfA— 1-5 Z3 control S Stem 1 t1 Code 3 Siren �.A 15 0 1 OOFX2 speaker —E��7 H Tray Dual beverage holder S'YZ- 12 Tray Command EA71 1-5 —CC- FDU- V - —Troy console Witt, faceplates .Vfc 18 13 Adjustable EA 15 —AC- armrestCitadelCodeSirens A:RfVI4.MIINNJ'T-Ns F Sc 9,7, 14 Troy Computer i EA is C _S rIT_ CNI-SDNIT- mount with F SL SL-M-8� 38 ........ ... EST, Annual % Product tem N Manufacturer Description tjOme Usage Part Number Discount price per Part Warranty Troy Safety - -E-A- -4— - -- 15 TP -I partition 16 Tray .,ower extension EA is 2-KP-FDI,'V-F anel 17 Troy EA is TP-FDUV 17 'EA EA __P7aNt.TmbeDisc/t.,unt 15 Troy Rear safety -R art* forl 15 -v Magnetic Magnetic EA 15 MASU-1 Ma 'tic Mic Mic Holder 9 15 19. Seting Dual EA 15 GKI030ISJUll weapon KSSCAXL Mount a ,7 #7 --stem - 3V 20 Setina bun lock EA ---Un—iversal XL 21 setina Rear window EA 13 0 5 —14ff LF 12 it, barrier with Z. Metal bar 22 AedecPrisoner SINIC1311 seat 3 TZ, 23 Tray Tilt up— EA 15 AC-tN- cargo mount k CARGO-MNI'l 5S9 ' 2 Troy Electronics EA 15 AC -UV -TRAY -H tray 25 code 3 Torus 6- EA 15 TRX6-A UP LED -- Amber -eo 26 Code 3 I-orus 6-LfP--h-A-- 1-5 `FRX6-B LED Blue --CoMounting � — 1� 51/0 V7, 27 t ie 3 bracket &0 tray 28 Santa Cruz Gun Zack E.A 15 SC -7009A timer 2-') 6,0 1 fe, 39 C. -N41SCELLA�N'EOUSTTEMDISCOL--\-TSTRUCTURL: Miscellaneous Items may be purchased against the Contract. Miscellaneous Item purchases shall not exceed $3,000 per invoice including tax. City will obtain price quotes from Contractor for all miscetlaneous items purchased. Contractor shall provide the list price and discount price on all invoice(s) for all miscellaneous items, ,�% off Invoice; List Price D. Hourly rate for vehicle equipment installation, repairs, and decommissioning, s—Law— C! 40 EM item 9 Manufacturer Description CIO: Annual Usage Part Number % Discount Price per Part Product Warranty 29 2 9 Santa Cruz Santa Cruz Momentary15 EA SC -1 902 gun release switch 30 Code 3 LED light EA —3 274 7A 1 CC bar —W 31 Code 3 TO 0 A— 3 C31-00FI50- —32Tro,, siren _speaker M. 15 console EA 3 CC -MC -18 4 1,7 33 tiraity Spotlight LA 6 335P1,0002 � 34 Unity Drivers side —3 199 DIS4 — -- ------------ post mount kit 35 Unity Pass side Eta 3 —189id1 ws —'; post mount kit 201 !ac-> f 36 Ecce Amber LIED EA 3- 27-OD004-E igbibar Ecco Amber LED EA 3 27-00003-E, I 37 Aghtbar -TA— —3--9-013A 38 -ccoIlide-A-LED ange mount C. -N41SCELLA�N'EOUSTTEMDISCOL--\-TSTRUCTURL: Miscellaneous Items may be purchased against the Contract. Miscellaneous Item purchases shall not exceed $3,000 per invoice including tax. City will obtain price quotes from Contractor for all miscetlaneous items purchased. Contractor shall provide the list price and discount price on all invoice(s) for all miscellaneous items, ,�% off Invoice; List Price D. Hourly rate for vehicle equipment installation, repairs, and decommissioning, s—Law— C! 40 Biu 16-38-C-DO932 Appendix B Company Profile & References COMPANY PR.OFII,E & REFERENCES Con) Dany Profile Bid 16-33-COU932 Company Legal Name: Company Legal Stratus (corporation, partnership, sole proprietor etc): Active licenses issued by the California State Contractor's License Board: Business Address:j1A' 1" Website Address: Vj IN/ K/ /—'s z Telephone Number:acsimileNumber.... 'I ILI q t - 0;Z tj Email Address: Z 6940-1.7 -a..Tr T-", Length of time the firm has been in business; l Length of time at current location: Is your firm a sole proprietorship doing business tinder a differoat name, Yes If yes, please indicate sole proprietor's name and the naine X_ you are doing business under-: Is your firm incorporated: No If yes, State of Incorporatiow /Y Federal Taxpayer ID Number: Regular business hours: kAftp Regular holidays and hours when business is of Ars.,,4 em.j T-­-'�­_-7 Contact person in reference to this solicitation: Telephone Number:P���,-3767� Facsimile Number: Email Address: .��12LLee Contact person for accounts payable., Telephone Number: Facsimile Number: Email Address: _y.Aa6)_Cf 46A —I?- 60� Name of 1`i-qject Manager: __�7i7,- (� 14-) I Telephone Number:7i_z/_- �-�oracsim ileNumber: Email Address: �L / �.f-x i z �A 42 Sial ;6-36.000932 COMPANY PROFILE & REFERENCES References (Continued) Submit the company navies, addresses, telephone numbers, contact names, and brief contract descriptions of at least three clients for whom comparable projects have been completed or submit letters from your references which include the requested information, Company Name: 'Telephone Number: <0•5 wContact Name: a,a� Contract. Amount: 5-00., _ Address: Brief Contract Description: Company Name: Contact Name & r Address: Brief Contract Description: F w ` k Telephone Number: � 74,c) .yj'S = d Contract Amount: ` n f- _ C' &vi Ott lief Company Nartae , , s �� p ele hong; Number: _ _ �`� � '�}�, 3 Contact Name: � ,,� Contract Amount: 3vog 000 Address:fi.S Brief Contract Description: � #I- Q p,..g -� e Company Marne �., i. W�..���r.}- Telephone Number: Contact Name: 'E"a vi s Contract Amount.- Address: mount:Address; I5A V 10"/ t4cv 0r3 00 / Brief Contract Description: 43 Bid 16-38-CO0932 Appendix C Forms 44 Bid 16-38-0932 INVITATION FOR DID #16-38 VEHICLE LIGHTING AND EQUIPMENT` INSTALLATION SERIVICES VENDOR APPLICATION FORM TYPE OF APPLICANT: E NEW 0 CURRENT VENDOR Legal Contractual Name of Corporation: &L Contact Person for Agreement: :T. rn s L Corporate Mailing Address: vA City, State and Zip Code: 5ACYz,4,.%"7-o 64- E -Mail Address:. rvlvl P_X'zA1j cc - Prone: It F ax: Contact Person for Bids: I-��iz<>r Title: E -Mail Address: Z_4 t,0_0 - Business Telephone: Business Fax-, ' 14 Is your business: (check one) D NoN morn '1Y (9—CORPOILATION, R PROFIT CORPORATION 0 Is your business: (check one) Vl CORPORATION D INDIVIDUAL 0 PARTNERSHIP E LIMITED LIABILITY PARTNERSHIP -I- SOLE PROPRIETORSHIP '--. UNINCORPORATED ASSOCIATION 45 Bid 16-38-M32 Names & Titles of Corporate Board Members (Also list Names & Titles of persons with. written authori7ation/resolution to sign contracts) Names Federal Tax Identification Number: Title Phone City of Costa Mesa Business License Number: (If none, you must obtain a Costa Mesa Business License upon award of contract,) City of Costa Mesa Business License Expiration Date.- 1) 46 Hid 16.38-CO0932 EX PARTE COMMUNICATIONS CERTIFICATION FOR IFB # 16-38 Please indicate by signing below one of the following two statements. Only sign one statement. I certify that Bidder and Bidder's representatives have not had any communication with a City Council Member concerning the VEHICLE LIGHTING AND EQUIPMENT INSTALLATION SERVICES at any time after April 29, 2016 Signatu Print N r Date ame: OR I certify that Bidder or Bidder's representatives have communicated after April 29, 2016 with a City Council Member concerning the VEHICLE LIGHTING AND EQUIPMENT INSTALLATION SERVICES. A copy of all such communications is attached to this form for public distribution. Signature: Print Name: Date 47 Bid 16.38-CO0932 DISQUALIFICATION QUESTIONNAIRE The Contractor shall complete the following questionnaire: Has the Contractor, any officer of the Contractor, or any employee of the Contractor w' ho has proprietary interest in the Contractor, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of lave or safety regulation? Yes Igo If the answer is yes, explain the circumstances in the following space below. 48 Bid 14-38-CON32 DISCLOSURE OF GOVERNMENT POSITIONS Each .Bidder shall disclose below whether any owner or employee of the firm currently hold positions as elected or appointed officials, directors, officers, or employees of a governmental entity ar held such positions in the past twelve months. List below or state "None". 49 Did 16-38-Mdendumfl-000932 ADDENDUM NO. I INV ITA17ON-1 FOR BID FOR VEHICLE LlGffrlNG AND EQUIPMENT INSTALLATION SERVICES 11`13 No. 16-38 PUBLIC SERVICES DEPARTMENT CITY OF COSTA MESA Released on May S, 2016 The referenced document has been modified as per the attached Addendum No. I Please sign this Addendum where designated and return the executed copy with submission of your bid. This addendum is hereby made part of the referenced bid as through fully set forth therein. Any questions regarding this addendum should be addressed to Stephanie 1fructa, email IE Bid QUESTIONS & ANSWERS FOR IEE #16-38 VEHICLE LIGHTING AND EQUIPMENT INSTALLATION SERVICES Responses posted to the City's Website on May 5, 2016 1. Can substitutions be submitted in place of thcTroy items? No 2. Where oil the response do you allow for the LABOR CHARGE to install the equipment and perform. the up -fit? Attachment C Contractor's Pricing, Section 11 Fees and Charges, Letter D. 3. Where on the response do you allow for the MISC. MATERIAL CHARGE to be entered'? Attachment C Contractor's Pricing*, Section 11 Fees and Charges, Leacr C states, "Contract shall provide the list price and discount price on all invoice (s) for a lI miscellaneous items." Charges shall be listed. on the selected up -fitter (s) invoice 4. What form of POWER DISTRIBUTION SYSTEM do you require for the up -fit? it will be determined at the time of up -fitting by the selected up -fitter, S. What COMPUTER SYSITM IS USED, the one, referenced mount system is for an Obsolete Motorola System? Datalux Tracer, see Addendum 01 posted on the City's website. 6. Who is installing, the communication.,,, equipment (no reference showm on specs) - the up -fitter Or city Personnel? Communications equipment will be installed by the selected up -fitter and transferred from the de -commissioned vehicle. 7. Is there a MOBILE VIDEO SYSTE'�M to be installed and by WHOM? Yes. The mobile vidoo system will be install W- by the selected up -fitter. S. Who is responsible for tlie PROGRAMMING of the LIGHT BAR and 7..3 SIREN SYSTEM - the installer or city staff? The selected tip -fitter. 9. IX) you provide the programming parameters and if so how - computer disc, pin drive, of! No the City will clot provide. The selected up -fitter will be able to use an in- service vehicle for reference. 10. Do any of the vehicles to be, up -fit have an FTS.SYSTEM, LO -JACK SYSTEM or LPR SYSITM needing installation? Yes. The systems referenced in the question will be installed by the selected up -fitter. 51 Bid ATTACHMENT A SCOPE OF WORK V111- POIACE1 PATROL VFHICLE —SPl"-'1ClFJCATIONS & PARTS LIST B. Vehicle Equipment — Parts List --�turer D Item Manufacturer ---De—seription-- Parl Number Cont J�Uter 1 14 Troy Computer mount with swing arm CM-SDMT-Sl.,-DTl.,X ATTACIENIENT C CONTRA(, T ORtS PRICING 11. FEES AND CHARGES: Payment shall be made in accordance with the provisions of this Contract. B. EQUIPMENT —PARTS LIST NOTE: "Product Warranty" column = State the Munber of months and special terms or provisions that may apply to line item, 2 UDR Product Discount Price per Part, Warran(y All othcrproyivions of the invitation of this bid shall renjoin in tileir entirety. Vendors hereby acknOulledge receipt and undentandilt'g of the above Addendaim Cr and stib-Tit this Addendum with yosir bid, 17 4 - Date TYPe(yNarne and l'itle Ad (1,-4 City State lip em Manutacturer Description "n 'i UOM Annual t1sage PA rt Number I 14f 4 1 roy Computer mount with swing arni 2 UDR Product Discount Price per Part, Warran(y All othcrproyivions of the invitation of this bid shall renjoin in tileir entirety. Vendors hereby acknOulledge receipt and undentandilt'g of the above Addendaim Cr and stib-Tit this Addendum with yosir bid, 17 4 - Date TYPe(yNarne and l'itle Ad (1,-4 City State lip CSI 53 LEHRA-1 OP ID: RERE CERTIFICATE OF LIABILITY INSURANCE DATE (MMID DIYYYY) 06/23/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Phone: 916-673-1233 Members Edge Insurance ServicePHONE Inc Fax: 916-673-1234 1101 Investment Blvd. Ste 110 EI Dorado Hills, CA 95762 CONTACT NAME: FAX AIC No Ext): AIC No E-MAIL ADDRESS: GENERAL LIABILITY INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Colony Insurance Company 39993 INSURED Stommel Inc / Lehr Auto Electric / Pusuit North / INSURER B: Nationwide Mutual Ins. Co. 23787 INSURER C: National Union Fire Ins 19445 INSURER D Auto Additions 4707 Northgate Blvd Sacramento, CA 95834 INSURER E: 05/01/2017 DAMAGE TO PREMISES Ea occurrence) $ 300,000 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE DDL UBR POLICY NUMBER MM DDPOLICYEFF /YYYY MM/LDY EXP LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY X ACA -2624-3 05/01/2016 05/01/2017 DAMAGE TO PREMISES Ea occurrence) $ 300,000 MED EXP (Any one person) $ 5,000 CLAIMS -MADE OCCUR PERSONAL &ADV INJURY $ 1,000,000 X GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OPAGG $ 2,000,000 Garage $ 2,000,000 X POLICY F7 PRC'� LOC AUTOMOBILE LIABILITY A COMBINED SINGLE LIMIT 1,000,000 Ea accident) $ BODILY INJURY (Per person) $ B ANY AUTO ACP 3007624195 05/01/2016 05/01/2017 BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOSX AUTOS X HIRED AUTOS X NON -OWNED AUTOS PeOa RTY DAMAGE $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 C X EXCESS LIAR CLAIMS -MADE BE 038239846 05/01/2016 05/01/2017 DED I X I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVEE.L. WC STATU- OTH- TORY LIMITS ER EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ OFFICERIMEMBER EXCLUDED? ❑ (Mandatory in NH) N I A E.L. DISEASE - POLICY LIMIT 1 $ If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) City of Costa Mesa is named as Additional Insured with respect to liability arising out of operations performed by the Named Insured. Additional Insured per endorsement form U156 0310 and CA2048 0299 attached. CERTIFICATE HULUtK I.HNI,CLLH t IUIV COSTA -1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Costa Mesa THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y ACCORDANCE WITH THE POLICY PROVISIONS. Purchasing 77 Fair Drive AUTHORIZED REPRESENTATIVE Costa Mesa, CA 92626 U 1988-2010 AGUKU cUKrUKAI IUN. An ngnts reser !) 4 ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD INSURED: LEHR AUTO ELECTRIC POLICY: ACA -2624-3 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) or Organization(s) (Additional Insured): Location(s) of Covered Operations: Per written contract Per written contract A. SECTION 11 — WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: Additional Insured Contractual Liability "Bodily injury" or "property damage" for which the additional insured(s) are obligated to pay damages by reason of the assumption of liability in a contract or agreement. Finished Operations at Work "Bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization. Negligence of Additional Insured "Bodily injury" or "property damage" arising directly or indirectly out of the negligence of the additional insured(s). ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. U156-0310 Includes copyrighted material of ISO Properties, Inc., Page 1 c 5 5 with its permission. POLICY NUMBER.: ACA -2624-3 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Endorsement Effective: 05/01/16 Countersigned By: Suzanne Patton, Named Insured: Stommel, Inc dba: Lehr Auto Electric Auto Additions (Authorized Representative) SCHEDULE Name of Person(s) or Organization(s): City of Costa Mesa 77 Fair Drive Costa Mesa, CA 92626 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. 56 CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 J --® LEHIRAU1 OP ID: JG CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYYI I 06123/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: Brandon Ceccardi Automotive Aftermarket Svcs PHONE 888_383 2274 jalc, No 916-676-0828 OBS204$ IAc.N_q,_Ex*.. ............._ -- .............___ __..... 6939 Sunrise Blvd. Suite #111 EMAIL Citrus Heights, CA 95610-7634 ADDRESS: Brandon CeccardiINSURERISI.AFFORDINGCOVERAGE — _ ...... NAIC# INSURERA:Oak River Insurance Company 134630 INSURED Lehr Auto Electric INSURER 8 Pursuit North _---.. Auto Additions INSURERC: Stommellnc INSURER D: ... ....... _.__-._....._—i_._ _.._..—_.. -- .. ... ......... ......-.._.—..-------.--.,...,.. wsuRER E 4707 Northgate Blvd Sacramento, CA 95834 EACH OCCURRENCE_ $ INSURER F: rCbrrcir+nrC ►si 1"MCD. € PVIFlrlfd NIIIMRFR- V THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _.................._------POLICY -._..................._....,....,.,..................... __ INSR', TYPE OF INSURANCE ADDL SUBR�. POLICY NUMBER EFF POLICY EXP LTR . INSD NN❑ (NIM1001YYYY h1MIDDIYYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE_ $ GE ence) s CLAIMS -MADE OCCUR PREM S❑S Ea occur MED EXP (Any one person) s _ PERSONAL & ADV INJURY I S GEN'L AGGREGATE LltvtlT APPLIES PER. - GENERALAGGREGATE S -i O I PRODUCTS • COMP/OP AGG S POLICY FC7 LOC _ -..."...J S OTHER. AUTOMOBILE LIABILITY ! COMEINED SINGLE LIMIT : S Ea acadenl ----------------- ._......_......... ' ANY AUTO - BODILY INJURY iPer person) $ ALLO'AYNED '• SCHEDULED BODILY INJURY(Per accident) � s _—. AUTOS AUTOS I :NON -OWNED HIRED AUTOS - ., PROPERTY DAMAGE c v PeracciCen(i.._....._ L.J AUTOS I i _..__ UMBRELLA LIAB OCCUR EACH OCCURRENCE S EXCESS LIAB .- CLAIMS-MADE --_ DED RETENTION S - WORKERS COMPENSATIONPER I O I H X I STATUTE E,,,,,•„",,,,,!._._........__...__ ;AND EMPLOYERS' LIABILITY A ANY PROPRIETORIPAP.TNER/EXECUTIVE Y f N STVVC710300 10510112016 05/01/2017 OFFICERIMEMBER EXCLUDED? N J A ___ E L. EACH ACCIDENT Is 1,000,000 ._...._.......----------- -__-- E • EM OYEEI 5 1 ,000,000 E.L.DISEASE EA PL (Mandatory in NH) _.......... _........ —� If yes, describe under , DESCRIPTION CF OPERATIONS below F _ i� 1 000,000 [E L. DISEASE POLICY LIMIT I s , I I I DESCRIPTION OF OPERATIONS t LOCATIONS f VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) All California Operations FICATE HOLDER City of Costa Mesa Purchasing Stephanie Urueta 77 Fair Drive Costa Mesa, CA 92626 ACORD 25 (2014101) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH}'kiE POLICY PROVISIONS. AUTHORIZED Brandon I f ! __ /0198882014 ACORD CORPORATION. All rights resery 5 The ACORD name and logo are registered marks of ACORD Bid 16-38-CO0932 ATTACHMENT #2 INVITATION FOR BID (IFB) #16-38 FOR VEHICLE LIGHTING AND EQUIPMENT INSTALLATION SERVICES f,'Osta Mesa - Public Services Department CITY OF COSTA MESA April 29, 2016 Page 1 of 42 w Bid 16-38-000932 IFB #16-38 FOR VEHICLE LIGHTING AND EQUIPMENT INSTALLATION SERVICES The City of Costa Mesa (hereinafter referred to as the "City") is requesting competitive bids from qualified companies or individuals (hereinafter referred to as `Bidder"). The awarded Contract, (hereinafter referred to as "Contractor") in accordance with the sample contract terms, conditions and scope of work (Attachment A). Prior to submitting a bid, Bidders are advised to carefully read the instructions below, including the sample contract and any solicitation attachments/exhibits. I. GENERAL INFORttiIATION The City of Costa Mesa is a general law city, which operates under the council/manager form of government with a General Fund budget of over $109 million and a total of over $114 million of fiscal year 2014-2015. The City of Costa Mesa, incorporated in 1953, has an estimated population of 110,757 and has a land area of 16.8 square miles. It is located in the northern coastal area of Orange County, California, and is bordered by the cities of Santa Ana, Newport Beach, Huntington Beach, Fountain Valley and Irvine. The City is a "full service city" and provides a wide range of services. These services include: police and fire protection; animal control; emergency medical aid; building safety regulation and inspection; street lighting; land use planning and zoning; housing and community development; maintenance and improvement of streets and related structures; traffic safety maintenance and improvement; and full range of recreational and cultural programs. The City of Costa Mesa is home of the Segerstrom Center for the Arts, Orange County Fairgrounds, South Coast Repertory Theater and the South Coast Plaza Shopping Center, which is the single largest commercial activity center in the City. The volume of sales generated by South Coast Plaza, secures its place as the highest volume regional shopping center in the nation. 1. Important Notice: The City has attempted to provide all information available. It is the responsibility of each Bidder to review, evaluate, and, where necessary, request any clarification prior to submission of a bid. Bidders are not to contact other City personnel with any questions or clarifications concerning this Invitation for Bid (IFB). The City's Purchasing Department contact set out in IFB, Section 11, Subsection 10, will provide all official communication concerning this IFB. Any City response relevant to this IFB other than through or approved by City's Purchasing Department is unauthorized and will be considered invalid. If clarification or interpretation of this solicitation is considered necessary by City, a written addendum shall be issued and the information will be posted on the City's website at www.costamesaca.gov. Any interpretation of, or correction to, this solicitation will be made only by addendum issued by the City's Purchasing Department. It is the responsibility of each Bidder to periodically check the City's website to ensure that it has received and reviewed any and all addenda to this solicitation. The City will not be responsible for any other explanations, corrections to, or interpretations of the documents, including any oral information. 2. Bid Validity: Bids will be valid for a period of 120 days after the IFB closing date. 3. Schedule of Events: The invitation for bid will be governed by the following schedule: Release of IFR April 29, 2016 Deadline for Written Questions May 3, 2016 Page 2 of 42 59 Bid 16-38-CO0932 Responses to Questions Posted on City's Website May 5, 2016 Bids Due May 13, 2016 Approval of Contract TBD II. GENERAL INSTRUCTIONS AND PROVISIONS 1. Before submitting a bid, Bidders shall carefully examine the solicitation contents, including the sample contract terms, conditions and scope of work. Bidders shall include in their bid response a monetary sum to cover the cost of all items included in the contract. The sample contract contained in this solicitation is the contract proposed for execution, Upon award, awarded Bidder will be required to sign and submit contract for execution. 2. This solicitation consists of the following: • Section 1. General Information • Section II. General Instructions and Provisions 3. Responsive bids shall include the following completed submittals: 1) Appendix A — Stunple Contract 2) Appendix B — Company Profile & References 3) Appendix C — Forms 4) Attachment A — Scope of Work 5) Attachment B — Light Bar Configuration 6) Attachment C - Contractor's Pricing 4. Upon recommendation of contract award, Contractor will be required to submit the following documents with ten (10) days of City notification, unless otherwise specified in the solicitation: • Insurance - City requires that licensees, lessees, and vendors have an approved Certificate of Insurance (not a declaration or policy) or proof of legal self-insurance on file with the City for the issuance of a permit or contract. Within ten (10) consecutive calendar days of award of contract, successful Bidder must furnish the City with the Certificates of Insurance proving coverage as specified in the sample contract. + W-9 — Current signed form W-9 (Taxpayer Identification Umber R Certification) which includes Contractor's legal business name(s). 5. Prieing (Attachment C): • Bid prices quoted shall be firm for the frill term ofthe contract. The bid price(s) shall include all fees, including, shipping, freight, transportation, travel and any other fees. No additional compensation will be allowed. • Bid prices offered shall reflect all addendum(s) issued by the City. • Bids shall be submitted only for the items and/or services as stated in the Scope of Work; bids for other than the items and/or services listed will not be considered. • The City will only consider firm price bids. • The net amount of profit will remain firm during the period of the contract. Contract adjustments which increase Contractor's profit will not be allowed. Page 3 of 42 60 Bid 16-38.000932 • All price/rate decreases will automatically be extended to the City. • Bids must be provided for each item separately; "all -or -none" bids will not be accepted unless in the best interest of the City, 6. Substitutions: Bids offering equivalent items meeting the standards of quality specified in the solicitation may be considered, unless otherwise specified, providing the bid clearly describes the article offered and how it differs from the specified brand. Unless Bidder specifies otherwise, it is understood that the Bidder is offering the brand item as specified in the solicitation. If Bidder bids an "equal," Bidder must state the brand name and must submit complete specifications and/or provide samples with the bid. Determination of equality shall be at the sole discretion of the City, and the City reserves the right to request a sample for determining equality with the specified brand. If it has been justified and accepted by the requesting agency/department and/or a City standards committee that only one brand can meet the City's requirements, "no exceptions" shall be noted in the specifications. 7. Accuracy of Bids: Bidders shall take all responsibility for any errors or omissions in their bids, Any discrepancies in numbers or calculations shall be interpreted to reflect the lowest price to the City. If prior to contract award, a Bidder discovers a mistake hr their bid which renders the Bidder unwilling to perform under any resulting contract, the Bidder must iim-nedlately notify the facilitator and request to withdraw the bid. It shall be solely within the City's discretion as to whether withdrawal will be permitted. If the solicitation contemplated evaluation and award of "all or none" of the items, then any withdrawal must be for the entire bid. If the solicitation provided for evaluation and award on a line item or combination of items basis, the City may consider permitting withdrawal of specific line item(s) or combination of itcros, 8. Responsibility of Bidders: The City shall not be liable for any expenses incurred by potential Contractors in the preparation or submission of their bids. Pre -contractual expenses are not to be included in the Contractor's Pricing Sheet. Pre -contractual expenses are defined as, including but not limited to, expenses incurred by Bidder in: + Preparing its bid in response to this 1713; • Submitting that bid to the City; • Negotiating with the City any matter related to the bid; and, + Any other expenses incurred by the Bidder prior to the date of the award and execution, if any, of the eontract. 9. Protests: Failure to comply with the rules set forth herein may result in rejection of the protest. Protests based upon restrictive specifications or alleged improprieties in the bid procedure, which are apparent or reasonably should have been discovered prior to receipt of bids shall be filed in writing with the City's Purchasing Department at least 10 calendar days prior to the deadline for receipt of bids. The protest must clearly specify in writing the grounds and evidence on which the protest is based. Protests based upon alleged improprieties that are not apparent or that could not reasonably have been discovered prior to submission date of the bids, such as disputes over the staff recommendation for contract award, shall be submitted in writing to the City's :Purchasing Department, vvithin 48 hours from receipt of the notice from the City advising of City's recommendation for award of contract. The protest must clearly specify in writing the grounds and evidence on which the protest is based. The City's Purchasing Department will respond to the protest in writing at least 3 days prior to the mecting at which City's recommendation to Page 4 of 42 61 Bid 16-38-CO0932 the City Council will be considered. Should Bidder decide to appeal the response of the City's Purchasing Department, and pursue Its protest at the Council meeting, it will notify the City's Purchasing Department of its intention at least 2 days prior to the scheduled meeting, a, Procedure— All protests shall be typed under the protester's letterhead and submitted in accordance with the provisions stated herein, All protests shall include at a minimum the following information: • The name, address and telephone number of the protester; • The signature of the protester or the protester's representative; • The solicitation or contract number; • A detailed statement of the legal and/or factual grounds for the protest; and • Tire form of relief requested. 10. Submission of Bids: Complete written bids must be submitted in sealed envelopes marked and received no later than 2:00 p.m. (P.S.T) on May 13, 2016 to the address below. Bids wilI not be accepted after this deadline. Faxed or e-mailed bids will not be accepted, NO EXCEPTIONS. City of Costa Mesa City Hall Office of the City Clerk 77 Fair Drive Costa Mesa, CA 92628-1200 RE: IFB 916-38 Vehicle Lighting and Equipment Installation Services Bids received at or before the time and date stated above, shall be opened publicly and read aloud in the Council. Chambers at said. address. 11. Number of Bids: Submit one original, two (2) hard copies plus one electronic copy or flash drive of bid in sufficient detail, In the event of a conflict between the original and any hard copy or disk copy, the original shall control. City will not return disk copy or flash drive to Bidders. 12. Inquiriesi Questions about this IFB must be directed in writing, via e-mail to: Buyer: Stephanie Urueta at stephanie.urueta(a,costarnesaca ;yov The City reserves the right to amend or supplement this IFB prior to the bid due date. All addcndurn(s), responses to questions received, and additional information will be posted to the Costa Mesa Procurement Registry, Costa, Mesa - Offloial City Web Site - Business - Bids & IFffs, Bidders should check this web page daily for new information. The City will endeavor to answer all timely received written questions before or no later than May 3, 2016 at 10:00 a.m. The City reserves file right not to answer all questions. From the date that this1TB is issued until a Bidder is selected and the selection is announced, Bidders are not allowed to communicate outside the process set forth in this IIB with any City employee other than the contracting officer listed above regarding this IFB, The City reserves the right to reject any bid for violation of this provision. No questions other than written will be accepted, and no response other than written will be binding upon the City. Page 5 of 42 Gf Bid 1 6-3 8-000 93 2 13. Conditions for Bid Acceptance: This 1FB does not commit the City to award a contract or to pay any costs incurred for any services. The City, at its sole discretion, reserves the right to accept or reject any or all bids received as a result of this iFB, to negotiate with any qualified source(s), or to cancel this IFB in part or in its entirety. The City may waive any irregularity in any bid. All bids will become the property of the City of Costa Mesa. If any proprietary information is contained in the bid, it should be clearly identified by Bidder. 14. Acceptance/Rejection/Award • Bids submitted in response to this IFB may become subject to public disclosure under the California Public Records Act, and other applicable law. The City shall not be liable in any way for disclosure of any such records. Additionally, all bids shall become the property of the City. •- The lowest, responsiveandresponsible, Bidder will be recommended for contract award. • Bids will be reviewed by the City for responsiveness to all requirements, The City has the right to reject any bid deemed unresponsive or lacking the resources or experience to adequately perform the services described herein. • Only those responsible and responsive bids that meet all solicitation requirements and specifications, shall be further reviewed for consideration for award, Award shall be based on the lowest, responsive, responsible bid. • Please take notice that non-acceptance of City terms and conditions may deem a bid non-responsive. The City will not accept any other terms, conditions, or provisions contrary to those contained within this solicitation. • The lowest responsive and responsible bid(s) may be subject to further negotiations. • Final award determination based upon the lowest responsive and responsible bid may also include a review of successful Bidder's qualifications, experience, and resources; Bidder's ability to meet the requirements and perform the services specified in this solicitation; Bidder's references and past performance; and Bidder's acceptance of City terms and conditions. • By submitting a response to this solicitation, Bidders agree to accept the decision of the City as final. • Awarded Bidder will be required to sign a contract upon award. 15, Confidentiality: The California Public Records Act (Cal. Govt. Code Sections 6250 at seq.) mandates public access to government records. Therefore, unless information is exempt from disclosure by law, the content of any request for explanation, exception, or substitution, response to this IFB, protest, or any other written communication between the City and Bidder, shall be available to the public, The City intends to release all public portions of bid submissions following the evaluation process at such time as a recommendation is made to the City Council. If Bidder believes any communication contains trade secrets or other proprietary information that the Bidder believes would cause substantial injury to the Bidder's competitive position if disclosed, the Bidder shall request that the City withhold from disclosure the proprietary information by marking each page containing such proprietary information as confidential. Bidder may not designate its entire bid as confidential nor designate its Price Bid as confidential. Page 6 of 42 63 Bid 16-76-COe932 Submission of a bid shall indicate that, if Bidder requests that the City withhold from disclosure information identified as confidential, and the City complies with the Bidder's request, Bidder shall assume all responsibility for any challenges resulting from the non -disclosure, indemnify and hold harmless the City from and against all damages (including but not limited to attorneys' fees and costs that may be awarded to the party requesting the Bidder information), and pay any and all costs and expenses related to the withholding of Bidder information. Bidder shall not make a claim, sue, or maintain any legal action against the City or its directors, officers, employees, or agents concerning the disclosure, or withholding from disclosure, of any Bidder information. If Bidder does not request that the City withhold from disclosure information identified as confidential, the City shall have no obligation to withhold the information from disclosure and may release the information sought without any liability to the City. 16. Ex Parte Communications: Bidders' representatives should not communicate with the City Council members about this IFB. In addition, Bidders, and Bidders' representatives, should not communicate outside the procedures set forth in this IFB with an officer, employee or agent of the City, including any member of the evaluation panel, with the exception of the IFB facilitator, regarding this IFB until after contract award. This solicitation requires due process and therefore set forth herein must be explicitly complied with. Bidders and their representatives are not prohibited, however, from malting oral statements or presentations in public to one or more representatives of the City during a public meeting, A "Bidder" or "Bidder's representative" includes all of the Bidder's employees, officers, directors, consultants and agents, any subcontractors or suppliers listed in the Bidder's bid, and any individual or entity who has been requested by the Bidder to contact the City on the Bidder's behalf. Bidders shall include the Ex Parte Communications form (Appendix C) with their bids certifying that they have not had or directed prohibited communications as described in this section. 17. Conflict of lnterests The Bidder warrants and represents that it presently has no interest and agrees that it will not acquire any interest that would present a conflict of interest under California Government Code, Sections 1090, or seq., or sections 87100 et seq., during the performance of services under any contract awarded. The Bidder further covenants that it will not knowingly employ any person having such an interest in the performance of any Agreement awarded. Violation of this provision may result in any awarded contract being deemed void and unenforceable, 18. Disclosure of Governmental Positions in order to analyze possible conflicts that might prevent a Bidder from acting on behalf of the City, the City requires that all Bidders disclose in their bids any positions that they hold as directors, officers, or employees of any governmental entity. Additional disclosure may be required prior to contract award or during the term of the contract. Each Bidder shall disclose whether any owner or employee of the firm currently hold positions as elected or appointed officials, directors, officers, or employees of a governmental entity or held such positions in the past 12 months using the attached "Disclosure of Government Positions Form," (See Appendix F.) 19. Conditions of Contract: The selected Bidder will execute a contract with the City describing the Scope of Services to be performed, the schedule for completion of the services, compensation, and other pertinent provisions, The contract shall follow the sample form of sample contract provided as Appendix A to this solicitation, which may be modified by City. All Bidders are directed to particularly review the indemnification and insurance requirements set forth in the sample contract The terms of the contract, including insurance requirements have been mandated by the City and can be modified only if extraordinary circumstances exist, Submittal of a bid shall be deemed acceptance o'C all the terms set forth in this IFB and the sample contract unless the Bidder includes with its bid, in writing, any conditions or exceptions requested by the Bidder to the proposed contract. In accordance with the Page 7 of 42 M M 16-38-CO0932 Municipal Code, the City may consider the scope and number of conditions in evaluation bids and determining the lowest, responsive and responsible bidder. 20. Disqualification Questionnaire: Bidders shall complete and submit, under penalty of perjury, a standard form of questionnaire inquiring whether a Bidder, any officer of a Bidder, or any employee of a Bidder who has a proprietary interest in the Bidder, has ever been disqualified, removed, or otherwise prevented from proposing on, or completing a federal, state, or local government project because of a violation of law or safety regulation and if so, to explain the circumstances. A bid may be rejected on the basis of a Bidder, any officer or employee of such Bidder, having been disqualified, removed, or otherwise prevented from proposing on, or completing a federal, state, or local project because of a violation of law or a safety regulation. See (Appendix C). 21. Standard Ternts and Conditions: The City reserves the right to amend or supplement this IFB prior to the bid due date. All addendum(s) and additional information will be posted to the Costa Mesa Procurement Registry, Costa Mesa - Official City Web Site - Business --Bids & TFB's. Bidders should cheek this web page daily for new information, Page 8 of 42 65 Bid 16-38-C60932 Appendix A Sample Contract Page 9 of 42 Bid 1638-C06932 CITY OF COSTA MESA (PROFESSIONAL SERVICES AGREEMENT WITH THIS AGREEMENT is made and entered into this_ day of , 20_ ("Effective Date"), by and between the CITY OF COSTA MESA, a municipal corporation ("City"), and , a [state] [type of corporation] ("Consultant"), WITNESSETH: A. WHEREAS, City proposes to utilize the services of Consultant as an independent contractor to , as more fully described herein; and B. WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California Government Code Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and C. WHEREAS, City and Consultant desire to contract for the specific services described in Exhibit "A" (the "Project") and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and D. WHEREAS, no official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement, NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1.0. SERVICES PROVIDED BY GONSULTANT 1.1. Scope of Services. Consultant shall provide the professional services described in the City's Request for Bid ("IFB"), attached hereto as Exhibit "A," and Consultant's Response to City's IFB (the "Response") attached hereto as Exhibit "B," both incorporated herein by this reference, 1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant's performance of this Agreement. 1.3, Performance to Satisfaction of City. Consultant agrees to perform all the work to the complete satisfaction of the City and within the hereinafter specified. Evaluations of the work will be done by the City Manager or his or her designee, If the quality of work is not satisfactory, City in its discretion has the right to: (a) Meet with Consultant to review the quality of the work and resolve the matters of concern; Paye 10 of 42 67 Did 1638-CO0932 (b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or (c) Terminate the Agreement as hereinafter set forth. 1.4. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above- mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement. 1.5. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. 1.6. Non -Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement. 1.7. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant's sole cost and expense, 1.8. Confidentiality. Employees of Consultant in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement. 2.0. COMPENSATION AND BILLING 2.1. Compensation. Consultant shall be pard in accordance with the fee schedule set forth in Exhibit "C," attached hereto and made a part of this Agreement (the "Fee Schedule"). Consultant's total compensation shall not exceed Dollars ($ .00), 2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Consultant's Bid unless the City or the Project Manager for this Project, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. 2.3. Method of Bilfinq. Consultant may submit invoices to the City for approval on a progress Page 11 of 42 Bid 16-33-CO0932 basis, but no more often than two times a month. Said invoice shall be based on the total of all Consultant's services which have been completed to City's sole satisfaction. City shall pay Consultant's invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail, the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices. 2.4. Records and Audits. Records of Consultant's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date. 3.0. TIME OF PERFORMANCE 3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the Project Schedule approved by City as set forth in Exhibit "D," attached hereto and incorporated herein by this reference. The Project Schedule may be amended by mutual agreement of the parties. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement. 3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. 4.0. TERM AND TERMINATION 4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of months, ending on 20_, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties, Upon expiration of the Initial Term, this Agreement may be renewed for a maximum of_ additional one-year terms, upon mutual agreement of both parties in writing. The City is not obligated to give a reason or notice if it elects not to renew the Term. 4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing written notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. 4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City's written notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant. Page 12 of 42 .• Sid 16-38-CO0932 4.4, Documents, In the event of termination of this Agreement, all documents prepared by Consultant In its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant. 5.0. INSURANCE 5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an Insurance company admitted to do business In California, rated "A," Class X, or better in the most recent Best's Key Insurance Rating Guide, and approved by City: (a) Commercial general liability, including premises -operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000;000.00), combined single limits, per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit. (b) Business automobile liability for owned vehicles, hired, and non -owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence for bodily injury and property damage. (c) Workers' compensation insurance as required by the State of California. Consultant agrees to waive, and to obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City, its officers, agents, employees, and volunteers arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies. (d) Professional errors and omissions ("E&O") liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. Architects' and engineers' coverage shall be endorsed to include contractual liability. If the policy is written as a "claims made" policy, the retro date shall be prior to the start of the contract work. Consultant shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder. 5.2. Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions: (a) Additional insureds: "The City of Costa Mesa and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant." Page 13 of 42 70 Bid 16-38-CO0932 (b) Notice: "Said policy shall not terminate, be suspended, or voided, nor shall it be cancelled, nor the coverage or limits reduced, until thirty (30) days after written notice is given to City. (c) Other insurance: "The Consultant's insurance coverage shall be primary insurance as respects the City of Costa Mesa, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Costa Mesa shall be excess and not contributing with the insurance provided by this policy." (d) Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Costa Mesa, its officers, officials, agents, employees, and volunteers. (e) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5.3. Deductible or Self Insured Retention. If any of such policies provide for a deductible or self- insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City.. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention. 5.4. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. The certificates of insurance shall be attached hereto as Exhibit "E" and incorporated herein by this reference. 5.5, Non -limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property. 6.0. GENERAL PROVISIONS 6.1, Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement. 6.2. Representatives. The City Manager or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement. Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement. 6.3. Proiect Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement. Page 14 of 42 71 Bid 16-38-CO0932 Consultant shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement. Consultant or its Project Manager shall attend and assist in all coordination meetings called by City. 6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication Is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail. IF TO CONSULTANT: IF TO CITY: City of Costa Mesa 77 Fair Drive Costa Mesa, CA 92625 Tel: Tel: (714) 754 - Fax: Fax: (714) 754- Attn: Attn: 6.5. Druq-free Workplace Policy. Consultant shall provide a drug-free workplace by complying with all provisions set forth in City's Council Policy 100-5, attached hereto as Exhibit "F" and incorporated herein by reference. Consultant's failure to conform to the requirements set forth in Council Policy 100-5 shall constitute a material breach of this Agreement and shall be cause for immediate termination of this Agreement by City. 6.6. Attorneys' Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, Including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. 6.7. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California. 6.8. Assignment, Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent, Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement. 6.9. indemnification and Hold Harmless. Consultant agrees to defend, indemnify, hold free and harmless the City, its elected officials, officers, agents and employees, at Consultant's sole expense, from and against any and all claims, actions, suits or other legal proceedings brought against the City, its elected officials, officers, agents and employees arising out of the performance of the Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or Page 18 of 42 72 Bid 16-38-COD932 wrongdoing by the Consultant, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Consultant, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, agents and employees based upon the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City's specifications or Consultant's Bid, which shall be of no force and effect. 6.10. Indeoendent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the. services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this paragraph. 6,11. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits. 6.12. Cooperation. In the event any claim or action is brought against City relating to Consultants performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require. 6.13. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Consultant or any of its Page 16 of 42 73 Bid 16-38-000932 subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City. 6,14. Public Records Act Disclosure, Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court. 6.15. Conflict of Interest. Consultant and its officers, employees, associates and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq) and Government Code Section 1090. During the term of this Agreement, Consultant and its officers, employees, associates and subconsultants shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute. 6.16. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction. 6.17. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect. 6.18. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced. Page 17 of 42 74 Bid 1638-C00932 6.19. Costs, Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 6.20. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. 6.21, Headings. Paragraphs and subparagraph headings contained in this Agreement are Included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 6.22. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 6.23. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement. 6.24. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver, 6.25. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations. 6.26. Counterpass. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, All Counterparts shall be construed together and shall constitute one agreement. 6.27, Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement. Page 18 of 42 75 Bid 16-38-C00932 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. CITY OF COSTA MESA, A municipal corporation Date: [Mayor or Chief Executive Officer] Date: Interim Finance Director Date, Department Head CONSULTANT Date: Signature Name and Title Social Security or Taxpayer ID Number ATTEST: City Clerk and ex -officio Clerk of the City of Costa Mesa APPROVED AS TO FORM: Date: City Attorney APPROVED AS TO INSURANCE: Date: Risk Management APPROVED AS TO CONTENT: Date: Project Manager Page 19 of 42 W. Bid 16-38-CO0932 Appendix B Company Profile & References Page 20 of 42 77 COMPANY PROFILE & REFERENCES Compare P� roFile Company Legal Name: Company Legal Status (corporation, partnership, sole proprietor etc,): _ Active licenses issued by the California State Contractor's License Board: Business Address: Website Address: Telephone Number: Facsimile Number: Email Address: Length of time the firm has been in business: Bid 10-38-CO0932 Length of time at current location: Is your firm a. sole proprietorship doing business under a different name: Yes If yes, please indicate sole proprietor's name and the name you are doing business unde_r: Is your firm incorporated: _Yes No If yes, State of Incorporation: Federal Taxpayer ID Number: Regular business hours: Regular holidays and hours when business is closed: Contact person in reference to this solicitation: Telephone Number: Email Address: Contact person for accounts payable: Telephone Number: Email Address: Name of Project Manager: Telephone Number: Email Address: Facsimile Number: Facsimile Number: Facsimile Number: Page 21 of 42 w WE Bid 16-38-C00932 COMPANY PROFILE & REFERENCES (Continued) References Submit the company names, addresses, telephone numbers, contact names, and brief contract descriptions of at least three clients for whom comparable projects have been completed or submit letters from your references which include the requested information. Company Name: Contact Name: Address: Brief Contract Description: Company Name: Contact Name: Address: Brief Contract Description: Company Name: Contact Name: Address: Brief Contract Description: Company,Name: Contact Name: Address: Brief Contract Description: Telephone Number: Contract Amount: Telephone Number; Contract Amotmt: Telephone Ntunber: Contract Amount: Telephone Number: Contract Amount: Page 22 of 42 79 Bid 16.38-CO0932 Appendix C Farms Page 23 of 42 EEO Bid I6-38.000932 n Ilk, i 'giT INVITATION FOR BID #15-38 VEHICLE LIGHTING AND EQUIPMENT INSTALLATION SERVICES VENDOR APPLICATION FORM TYPE OF APPLICANT: Legal Contractual Name of Corporation: Contact Person for Agreement: Corporate Mailing Address: City, State and Zip Code: E -Mail Address: Phone: Contact Person for Bids: Title: Business Telephone: Is your business: (check one) ❑ NON PROFIT CORPORATION Is ,your business: (check one) ❑ CORPORATION ❑ INDIVIDUAL ❑ PARTNERSHIP ❑ NEW ❑ CURRENT VENDOR Fax: E -Mail Address: Business Fax: ❑ FOR PROFIT CORPORATION ❑ LIMITED LIABILITY PARTNERSHIP ❑ SOLE PROPRIETORSHIP ❑ UNINCORPORATED ASSOCIATION Page 24 of 42 81 Bid J WS-CO0932 Names & Titles of Corporate Board Members (Also list Names & Titles of persons with written authorization/resolution to sign contracts) Names Federal Tax Identification Number: City of Costa Mesa Business License Number: Title Phone (If none, you must obtain a Costa Mesa Business License upon award of contract.) City of Costa Mesa Business License Expiration Date: Page 25 of 42 Bid 16$8•CO0932 EX PARTE COMMUNICATIONS CERTIFICATION FOIL IFB # 16-38 Please indicate by signing below one of the following two statements. Only sign one statement. I certify that Bidder and Bidder's representatives have not had any communication with a City Council Member concerning the VEHICLE LIGHTING AND EQUIPMENT INSTALLATION SERVICES at any time after April 29, 2016 Signature: Print Name: .1t Date I certify that Bidder or Bidder's representatives have communicated after April 29, 2016 with a City Council Member concerning the VEHICLE LIGHTING AND EQUIPMENT INSTALLATION SERVICES. A copy of all such communications is attached to this form for public distribution. Signature: Print Name: Page 26 of 42 Date Bid 16-38-C00932 DISQUALIFICATION QUESTIONNAIRE The Contractor shall complete the following questionnaire: Has the Contractor, any officer of the Contractor, or any employee of the Contractor who has proprietary interest in the Contractor, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or safety regulation? Yes No If the answer is yes, explain the circumstances in the following space below. Page 27 of 42 LEI Bid 16.38-C00932 DISCLOSURE OF GOVERNMENT POSITIONS Each Bidder shall disclose below whether any owner or employee of the firm currently hold positions as elected or appointed officials, directors, officers, or employees of a governmental entity or held such positions in the past twelve months. List below or state "None". Page 28 of 42 LN Bid 16.3&C00932 ATTACHMENT A SCOPE Or WORK I. BACKGROUND: The City of Costa Mesa maintains a mixed inventory of vehicles including police patrol, support, miscellaneous emergency, undercover and various public works vehicles that require total and partial vehicle up -fitting of all lighting, necessary components and emergency equipment. The awarded contract will encompass parts supply and installation services of all lighting and related equipment components. II. SCOPE OF SERVICES: Contractor shall provide vehicle equipment, lighting, supplies, and equipment installation services on an as -needed basis, A. VEHICLE EQUIPMENT —MINIMUMINSTALLATION REQUIRE MENTS 1. This section describes the general vehicle emergency lighting and response equipment wiring for installation. All equipment listed will be mounted and wired to a wiring harness and fuse panel; all items and electronic equipment to terminate at component within the vehicle, All hardware is to be installed with a securely mounted service loop to ease future service, Supplier shall install equipment per the following specifications. B. Wire and Harness Specifications I. All wire is to be color coded with no repeats in color on same gauges of wire. Any wiring of same color and size must be differentiated by a continuous trace of different color. All wire shall be clearly labeled to identify purpose of said wire. Wire shall be of SXL (Cross Linked Polyolefin Insulated) XLP type, Heat resistance rates according to SAE -7-1128 and Abrasion Resistance rating to meet or exceed MIL T-5438. 2. The wiring harness/fuse panel shall be modular in design. The harness shall include all power wires and any trigger or activation wires so that no extra wires are outside the harness, This harness shall include all under -hood wiring, strobe, back flash, rear light -kill wires, MDC pre -wire, etc. Additional labeled power wires not currently used shall be wired into the harness to facilitate future equipment upgrades. Future use power wires shall have fiise terminal locations pre-existing in the modular fuse panel. 3. All fuse terminal connectors shall be crimped using an automatic crimping tool to avoid under/over crimping. Fused terminal connectors shall be wired as a continuous run to the hardware it controls. Butt and crimp connectors must be nylon (trot vinyl) and usage kept to a minimum throughout the vehicle. No push on Page 29 of 42 MR Bid 16-33-CO0932 terminals of any type, including but not limited to Scotch -Loc or T -Tap connectors, are to be used within the harness or the completed vehicle. Every item within the vehicle must be Individually fused within the modular panel and any fuses over 30 amps in value shall be a maxi -fuse, Each component's wiring must be sized to handle at least 125% of that circuit capacity. All wire rums axe to be within factory v✓iring channels, and secured every 6 inches at a minimum. Extra wiring is to be cut short; still allowing a service loop, but no bundles of wire under the carpet, dash, or trunk will be acceptable. The fuse/relay panel itself must be secured to the passenger side inner fender or trunk and have the solenoid and power timer contained within the panel. The construction material of the panel must be of a plastic composite that is rated to withstand under -hood and trunk temperatures that will be seen over the service period of the vehicle, Nofuses shall be mounted in any other location within the vehicle. The power timer shall be mounted within or beneath the panel so as to protect it from moisture, A single 4 -gauge power wire shall be wired directly to the battery positive terminal from the solenoid, All power wires from the modular fuse panel shall then hook up to the backside of the solenoid, which is controlled by the power timer. All future use wiring in electrical harness shall be neatly contained within back of console body. 4. All wiring runs, equipment locations, and fuse layouts are to be identical on every unit, and a diagram must be provided with each series of vehicles built. A laminated carol shall be affixed near the fuse panel and shall indicate the location and function of each fuse within the panel, including £irture use wiring and values. 5. All supplemental wiring is to be continuous rims with no cable extension other than at the hardware to which it is wired. 6. The master ground is to be an 8 -gauge wire connecting from the factory ground terminal terminating with a common ground bolt in the console. All grounds not wired to the common ground shall use star type lock washers at the ground end, i.e. head light flasher, strobe power supply. C. installation of City of Costa Mesa Vehicle Decals 1. The City of Costa Mesa will provide the Contractor with the appropriate vehicle decals. The Contractor will be required to install vehicle decals as directed by the City of Costa Mesa fleet maintenance supervisor. Page 30 of 42 M Bid 16-38-CO0932 rll. CONTRACTOR MINIMUM REQUIREMENTS A. Contractor shall comply with the following: 1. Be in the primary business of up-fitting/installing Code 3 emergency equipment on Police patrol vehicles and emergency service vehicles for minimum of 5 years, 2. Have an established facility (3 years minimum) within 50 miles of the City of Costa Mesa Corporation Yard, located at 2310 Placentia Ave. Costa Mesa CA 92627. Prior to awarding a contract, the City will conduct an inspection of the contractor's facility to determine compliance and the quality of the facility. 4. Items requiring fabrication will be quoted by contractor and approved in advance by The City's fleet maintenance supervisor or designee. Contractor's primary installers (supervising technicians/employees) must be qualified technicians and have at least 2 years of experience installing lighting and equipment on various types of patrol vehicles and equipment including, but not limited to, law enforcement seders, sport utility vehicles, trucks, undercover vehicles, trailers and off-highway vehicles. Upon request Contractor will be required to submit documentation describing Contractor's regiurements in regard to employee qualifications. 6. Contractor shall complete the work within ten (10) business days after Contractor has accepted the vehicle. Should Contractor fail to complete the work in the time specified, additional work time may be allowed upon the written approval of the City fleet maintenance supervisor or designee, 7. The contractor shall be responsible for pick-up, delivery and/or towing of new/disposal vehicles in accordance with the scope of work. All orders must be shipped FOB Destination. All deliveries must be coordinated with the City of Costa Mesa fleet maintenance supervisor. Page 31 of 42 M Bid 16.38•C00932 S. Contractor shall provide new/unused, highest quality products, designed for maximum service life with all applicable federal, state, and local regulations including the State of California Motor Vehicle Code. 9. Contractor shall be experienced in all phases of designing, installing and repairing of emergency vehicle response equipment and lighting. 10. Authorized representative(s) of the City shall be permitted to inspect the Supplier's facility, subcontractor's facility, and/or plant prior to the award of this contract. After the award of the contract, authorized representative(s) of the City shall be permitted to inspect the Supplier's facility, subcontractor's facility, and/or plant on a periodic basis. More frequent inspections shall be permitted if problems develop and remain unresolved. 11, Contractor's facility shall have the necessary capacity, machinery, and tools, at the time of proposal submission to fulfill the City's needs and requirements. 12. Contractor will be required to have sufficient space to store City product inventory and will be responsible for the quality of installation. 13. Contractor may be required to install, repair, and warrant installed vehicle Emergency Response Equipment at City facilities and in the field. 1. All warranty repairs will be completed at the City of Costa Mesa Fleet Services facility. 2. At the discretion of the City's Fleet Maintenance Supervisor, warranty repairs may also take place at the Contractors location.. 3. Contractor will arrange and/or schedule through the Fleet Maintenance Supervisor any off-site repairs. Gant Corum, Fleet Maintenance Supervisor City of Costa Mesa Fleet Services; 2310 Placentia Ave Costa Mesa. CA 92627 (714) 327-7481 Page 32 of 42 IE Bid 1638-C00932 14. The City has the right to inspect work performed on a City vehicle at Contractors facility at any time, whether or not the services have been completed. Contractor agrees that the City has the right to audit any work performed by the Contractor, 15, The City reserves the right to make an award on any category/group of items or in the aggregate to that/those lowest responsible Supplier(s) who proposal(s) is/are most responsive to the needs of the City. The City also reserves the right to make multiple awards, if advantageous to the City, to ensure continuity of supply should a surge in the City's requirements exceed the capacity or capability of the primary Supplier(s). All items per category must be quoted in order for your bid to be considered responsive, 16. Upon request, Contractor will need to provide a detailed background check process that is performed on your employees or a copy of your company's internal policy pertaining to employee background checks, IV. CONTRACTOR PERFORMANCE A. Contractor shall comply with the following: 1. If the installation is not acceptable to the City, the Supplier shall be responsible for installing portions or the complete vehicle at no additional cost to the City. Contractor shall furnish new parts and equipment of the highest quality, complying with the specifications and free from all defects whatsoever in workmanship and materials, for a minimum period of one year from the date of delivery. No substitutions will be allowed under this contract, unless approved in advance and made in writing by the City, Replacements and repairs on faulty equipment or errors in installations shall be made by the Contractor at no additional cost and to the satisfaction of the City. Equipment installations shall be guaranteed for as long as the City owns/possesses the vehicle. 4. The City has the right to make the final determination as to whether services have been satisfactorily completed. Should any portion of the installation Page 33 of 42 W Bid 16.38-000932 work, due to any cause, not be in accordance with the specifications or is not satisfactorily completed, it may be rejected and the Contractor must make a satisfactory arrangement with the City before proceeding with other work. The Contractor shall promptly correct all work rejected by the City as faulty, defective, or failing to conform to the product specifications or scope of work defined herein, whether observed before or after substantial completion of the work and whether or not inspected, tested, repaired, fabricated, installed, or completed. The Contractor shall bear all costs of correcting such rejected work, 6. Contractor shall be held responsible for any damage, breakage or loss of the City's vehicles or equipment while performing service on the City's vehicles, and shall be responsible for restoring or replacing any damaged equipment, vehicles, etc, to the satisfaction of the City and at the sole expense of the Contractor. Any damages to City vehicles or equipment resulting from services performed shall be reported to the City immediately. V. WORKMANSHIP All emergency equipment, dome light, and spotlight are required to be. wired to an auxiliary power source in the rear of the vehicle, All power should be timed and disconnected as to protect the vehicle from a dead battery. 2. Installation Tools,/Equipment: all installation tools and equipment used by the Contractor to install equipment on City vehicles shall be of the highest quality in accordance with industry standards. VI. DECOMMISSIONING 1.. At the City's request the vendor will remove all aftermarket equipment (including OEM ballistic panels) owned by the City and return this equipment to the City location specified In the contract. Decommissioning will take place on a one-to-one vehicle basis, One-to-one = removing Code 3 and non -Code 3 equipment from vehicle A and installing equipment on new vehicle B; any remaining parts will be returned to Fleet Services. Page 34 of 42 91 Bid 16-38-CO0932 VII. DrLIVERY AND PICKUP A. All deliveries and pick-ups shall be coordinated with the appropriate City personnel and discussed with the fleet maintenance supervisor on the day it is to occur. The City will not accept unscheduled deliveries; some decommissioned vehicles may require towing to and from contractor location. B. Vehicle Pick-up: The Contractor shall be required to pick up vehicles from the City that have been scheduled to receive installation of equipment. The pick up location is listed below. City of Costa Mesa City Corporation Yard 2310 Placentia Ave. Costa Mesa CA 92627 C. Vehicle Delivery: The Contractor shall be required to deliver completed vehicles to the specified City Iocation. Within 3 business days, the City will complete a final inspection of all of the equipment components installed on the vehicle prior to authorizing payment. Vehicles shall be delivered to: City of Costa Mesa City Corporation Yard 2310 Placentia Ave Costa. Mesa, CA 92627 Page 35 of 42 09 VIII. POLICE PATROL VEHICLE—SPECIPICATIONS & PARTS LIST A. Vehicle Makes/Models 1, Ford Utility Interceptor — PatrolVehicle 2, Ford Taurus 3. Ford Fusion 4. Chevrolet Tahoe S. Ford Crown Victoria 6. Ford F 150 & 250 Pickup Truck 7. Miscellaneous vehicles as needed B. Vehicle Equipment — Parts List tem# Manufacturer Description Part Number Retina Aiuminnm push bumper PB400-VS 1 Code 3 LED hide a blast RED HB6PAK-R 2 Code 3 LED hide a blast Amber BB6PAK-A 3 Code 3 Mirror mount kit TRSRVMPXI 4 Code 3 LED red with black bezel TRX6R 5 Code 3 LED blue with black bezel TRX6B 6 7 Code 3 Led LIGHT BAR 2747MC/ C25599 Code 3 Citadel rear light system CITEXI-RB 8 Code 3 Siren/ light control system Z3 9 Code 3 Siren speaker C3100FX2 10 Troy Dual beverage holder AC-INBHG 11 Troy Command console with CC-FDUV-MC18 12 face sates Troy Adjustable armrest AC-ARMMNT-NS 13 Troy Computer mount with swing arin CM-SDMT-SL-M800 14 Troy Safety partition TP -1 15 Page 36 of 42 Bid 16.38-C00932 93 Item anufacturer Description Part Number Troy Lower extension panel 2-KP-FDUV-F 16 17 Troy Rear safety partition TP-FDUV-R Magnetic Mic Magnetic Mic Holder MMSU-1 18 Setina Dual weapon mount system GK10301S1UHKSSCAXL 19 Setina Gun lock Universal XL 20 Setina Rear window barrier with metal. bar WK0514ITU12 21 Aedec Prisoner seat SUVIC1311 22 Troy Tilt up cargo mount AC-UV-CARGO-MNT 23 Troy Electronics tray AC -UV -TRAY -Fl 24 Code 3 Torus 6 -UP LED Amber TRX6-A 25 Code 3 Torus 6 -UP LED Blue TRX6-13 26 Code 3 Mounting bracket TLB -PI 27 Santa Cruz Gun lock timer SC -7009A 28 Santa Cruz Momentary gun release switch SC -1902 29 Code 3 LED light bar 2747A1 CC 30 Code 3 100W siren speaker C3100F150-15 31 Troy Console J CC -MC -18 32 Unity Spotlight 335PL-0002 33 Unity Drivers side post mount kit 189 D/S 34 Unity Pass side post mount kit 189RH P/S 35 Ecco Amber LED Lightbar 27-00004-E 36 Ecco Amber LED Lightbar 27-00003-E 37 Ecco Hide -A -LED flange mount amber 9013A 38 Page 37 of 42 Bid 16-38.000932 94 Bid 16-38-C00932 ATTACHMENT B LIGHTBAR CONFIGURATION City of Costa Mesa Lightbar configuration Code 3 2747MC/C25599 1. Page 38 of 42 95 Bid 16.38.009932 ATTACHMENT C CONTRACTOR'S PRICING I. COMPENSATION: This is an all-inclusive, usage Contract between the City of Costa Mesa and Contractor for Vehicle Lighting and Equipment Installation Services on an as needed basis, as set forth in Attacbment A "Scope of Work" and Attachment B "Lightbar Configuration". The Contractor agrees to accept the specified compensation as set forth in this Contract as full remuneration for performing all services and furnishing all staffing, shipping/freight, labor and materials required, for any reasonably unforeseen difficulties which may arise or be encountered in the execution of the services until acceptance, for risks connected with the services, and for performance by the Contractor of all its duties and obligations hereunder. The Contractor shall only be compensated as set forth herein below for work performed in accordance with the Scope of Work. The City shall have no obligation to pay any sum in excess of the fixed prices and rates and Not -To -Exceed Contract Amount specified herein unless authorized by amendment in accordance with which may require approval by the City. If. FEES AND CHARGES: Payment shall be made in accordance with the provisions of this Contract. A. CITY VEHICLE -SPECIFICATIONS & PARTS LIST Vehicle Makes/Models: Ford Utility Interceptor- Patrol Vehicle Ford Taurus Ford F150 Chevrolet Tahoe Ford Explorer Ford Crown Victoria Miscellaneous vehicles as needed B. EQUIPMENT- PARTS LIST NOTE; "Product Warranty" column = State the number of months and special terms or provisions that may apply to line item. Page 39 of 42 Bid 16-38-Ca0932 Page 40 of 42 97 EST. Annual % Product Item# Manufacturer Description UOM Usage Part Number Discount Price per Part warranty 1 Setina Aluminum EA 15 PB400-VS push bumper 2 Code 3 LED hide a EA 15 I-IB6PAK-R blast RED 3 Code 3 LED hide EA 15 IIB6PAK- a blast A Amber 4 Code 3 Mirror EA 15 TRSRVMEXi mount kit 5 Code 3 LED red EA 15 TRX6R with black bezel 6 Code 3 LED blue EA 15 TRX6B with black bezel 7 Code 3 Led LIGHT EA 15 2747MC/ BAR C25599 8 Code 3 Citadel rear EA 15 CITEXI-RB light system 9 Code 3 Siren' light EA 15 Z3 control system 10 Code 3 Siren EA 15 C3100FX2 speaker i l Troy Dual EA 1.5 AC-1NBHG beverage holder 1.2 Troy Command EA 15 CC-FDUV- console with MC18 faceTates 13 Troy Adjustable EA 15 AC - armrest ARMMNT-NS 14 Troy Computer EA 15 CM-SDMT- mount with SL -M800 swingaarm - - Page 40 of 42 97 Page 41 of 42 W. GST, Fit"n Annual % Product Manufacturer Description UOM Usage Part Number Discount price per Part warranty 15 Troy Safety EA 15 TP -1 partition 16 Troy Lower extension EA 15 2-KP-FDUV-F panel 17 Troy Rear safety EA 15 TP-FDUV-R arti ion 18 Magnetic Magnetic EA _ 15 MMSU-1 i Mic Holder Dual EA 15 GKI0301SIU14 weapon KSSCAXL mount S stem F21Seflna Guar lock EA 15 Universal XL Rear window EA 15 WK0514ITU12 barrier wiUr metal bar 22 Aedec Prisoner EA 15 SIJVIC1311 _ seat 23 Troy Tilt up EA 15 AC -UV - cargo rnount CARGO-MNT 24 Troy Electronics EA 15 AC -UV -TRAY -H tray 25 Code 3 Torus 6- EA 15 TRX6-A UP LED Amber 26 Code 3 Torus 6 -UP EA 15 TRX6-B LLD .Blue 27 Code 3 Mounting EA 15 TLB-Pl. bracket 28 Santa Cruz Gun lock EA 15 SC -7009A timer Page 41 of 42 W. C. MISCELLANEOUS ITEM DISCOUNTSTRUCTURE: Miscellaneous Items may be purchased against the Contract. Miscellaneous Item purchases shall not exceed $3,000 per invoice including tax. City will obtain price quotes from Contractor for all miscellaneous items purchased. Contractor shall provide the list price and discount price on all invoice(s) for all miscellaneous items, off Invoice List Price D. Hourly rate for vehicle equipment installation, repairs, and decommissioning: Page 42 of 42 EST. Annual % Product Item Manufacturer Description UOM Usage Part Number Discount PriceperPart Warranty Santa Cruz Momentary EA 15 SC -1902 gun release swto 11 30 Code 3 LED light EA 3 2747AICC 3I Code 3 3 C310Q) 150- #consoleEA 15 32 Troy 3 CC -MC -18 33 Unity Spotlight EA G 33SPL-0002 34 Unity Drivers side EA 3 189 D/S post mount kat 35 Unity Pass side EA 3 189RH P/S Post mount kit Ecco Amber LED EA 3 27-00004-E 36 Lightba.r Ecco Amber LED EA 3 27-00003-E 37 Liglrtbar Ecco Hide -A -LED EA 3 90'13A 38 flange mount L__ amber C. MISCELLANEOUS ITEM DISCOUNTSTRUCTURE: Miscellaneous Items may be purchased against the Contract. Miscellaneous Item purchases shall not exceed $3,000 per invoice including tax. City will obtain price quotes from Contractor for all miscellaneous items purchased. Contractor shall provide the list price and discount price on all invoice(s) for all miscellaneous items, off Invoice List Price D. Hourly rate for vehicle equipment installation, repairs, and decommissioning: Page 42 of 42 ADDENDIJiVI NO. 1 INVITATION FOR BID FOR Bid 16-38-Addendum#1-C00932 ATTACHMENT #3 VEHICLE LIGHTING AND EQUIPMENT INSTALLATION SERVICES IFB No. 16-38 PUBLIC SERVICES DEPARTMENT CITY OF COSTA MESA Released on May 5, 2016 The referenced document has been modified as per the attached Addendum No.1 Please sign this Addendum `where designated and return the executed copy with submission of your bid. This addendum is hereby made part of the referenced bid as through fully set forth therein. Any questions regarding this addendum should be addressed to Stephanie Urueta, email stenhanie.ullietq@..costamesaca.aov 100 Bid 16-39-AddendunW.000932 ATTACHMENT A SCOPE OF WORK VIII. POLICE PATROL VEHICLE —SPECIFICATIONS & PARTS LIST B. Vehicle Equipment — Parts List Item Manufacturer Description Part Number 14 Troy Computer mount with swing arm CM-SDMT-SL-DTLX ATTACHMENT C CONTRACTOR'S PRICING H. FEES AND CHARGES: Payment shall be made in accordance with the provisions of this Contract. B. EQUIPMENT—PARTS LIST NOTE: "Product Warranty" column = State the number of months and special terms or provisions that may apply to line item. All other provisions of the invitation of this hicl shall remain in their entirety, Vendors herehy acknowledge receipt and understanding of the above Addendurn. Complete and submit this Addendum with your hid. Signature Date Typed Name and Title z Company Name Address City State Zip 101 LST. Annual % Product tem4 Manufacturer Description UOM Usage Part Number Discount PriceperPart Warranty ]4 Troy Computer EA 15 CM-SDMT- mount with SL-DTLX swing arm All other provisions of the invitation of this hicl shall remain in their entirety, Vendors herehy acknowledge receipt and understanding of the above Addendurn. Complete and submit this Addendum with your hid. Signature Date Typed Name and Title z Company Name Address City State Zip 101 r O N ATTACHMENT 4 IFB No. 16-38 Vehicle Lighting & Equipment Installation Services Bidders 5tornmel Inc. dba. LEHR COMMLine Inc. AEP -California, LLC Contact Person for Agreement Jim Stommel James Jun Adam Serr Title President Owner Sales Manager Address 4707 Northgate Blvd. 5563 Sepulveda Blvd., Suite D 10729 Wheatlands Avenue City, State & Zip Sacramento, CA 95834 Culver City, CA 90230 Santee, CA 92071 E-mail addressm�lehrautc�.c.on� ia_mes j adam.serr a soncellNA.com Phone (916)646-6626 (310) 390-8003 (619) 596-1925 Contact for aid Kelley Brophy Brian Ota Adam Serr Title Manager g Manager Sales Manager Phone (714)336-3723 (310) 730-3427 (619) 990-1872 E-mail address Kell y(@tehrauto.corn brian.ota -rrmlineinc.com adam.serr@soncellNA.com Vendor Application Form Yes Yes Yes Ex Parte Communciations Certificate Yes Yes Yes Disclosure None None None Disqualification Yes/No to the question. Yes/No to the question. Yes/No to the question. Agreement exceptions None None None Addendum(s) 1 Addendum/Signed and included 1 Addendum/Signed and included 1 Addendum/Signed and included References Yes/Total of 4 Yes/Total of 4 Yes/Total of 4 Proposal received on May 13, 2016 May 13, 2016 May 13, 2016 Time 12:57 PM 12:57 PM 1:26 PM 1 original, # copies & flash drive 1 Original, 2 Copies & 1 Flash Drive 3 Original, 2 Copies & 1 Flash Drive 1 Original, 2 Copies & 1 Flash Drive r O N