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