HomeMy WebLinkAbout06 - CC-5 - Award Purchase of Three New 2017/2018 BM - 12/5/2017CITY COUNCIL AGENDA REPORT
MEETING DATE: DECEMBER 5, 2017 ITEM NUMBER: CC -5
SUBJECT: AWARD THE PURCHASE OF THREE (3) NEW 2017/18 BMW R1200 -RT -P POLICE
MOTORCYCLES
DATE: NOVEMBER 22, 2017
FROM: PUBLIC SERVICES DEPARTMENT/MAINTENANCE SERVICES DIVISION
PRESENTATION BY: RAJA SETHURAMAN, PUBLIC SERVICES DIRECTOR
FOR FURTHER INFORMATION CONTACT: BRUCE LINDEMANN, MAINTENANCE
SUPERINTENDENT (714) 327-7470
RECOMMENDATION
Approve and authorize the City Manager to execute a purchase order for three (3) new
2017/18 BMW R1200 -RT -P Police motorcycles from Iry Seaver Motorcycles, 607 W
Katella Avenue, Orange, CA 92867, in the amount of $81,620.
BACKGROUND
Included in the City's adopted Fiscal Year 2017-18 Operations and Capital Improvement
Budget, is the replacement of 3 Police Motorcycles - Units 622, 626 and 627. All three of
the units requested to be replaced are 2006 Honda ST1300PA Motorcycles with high
mileage and extensive and costly maintenance issues. Units 622 and 626 are currently
used as training motorcycles. Unit 627, a backup patrol motorcycle, has an intermittent
shifting problem and is in need of a transmission and clutch replacement.
The City currently maintains a fleet of eleven (11) Police motorcycles, with ten (10) Honda
ST1300PA motorcycles and one (1) BMW R1200 -RT -P motorcycle. The Police
Department is transitioning from the Honda ST1300PA motorcycles to the BMW R1200 -
RT -P motorcycle. If the purchase is approved, the three (3) retired motorcycles will be
sent to auction. The new motorcycles will be activated as frontline patrol motorcycles;
and Unit 628, a 2007 BMW motorcycle, will be taken out of frontline service and used as
the new training motorcycle.
Other cities such as Newport Beach, Santa Ana, and Irvine have made the transition from
Honda motorcycles to BMW motorcycles. Police officers from these municipalities report
that the BMW motorcycles are durable, dependable, with improved performance, and
have enhanced safety measures.
ANALYSIS
As required by the City's Municipal Code, on October 4, 2017, staff solicited an Invitation
For Bid (IFB) from qualified vendors. A "Notice Inviting Bids" (Attachment 1) was
published in the Daily Pilot and posted on the City's website. On October 25, 2017, an
addendum was issued that referenced a part number being changed on the build sheet
(Attachment 2). In response to the IFB, three (3) bids were received and of those, one
was considered non-responsive. The bids were evaluated and tabulated in adherence
with the City's policies and procedures (Attachment 3). The lowest qualified bid was from
Iry Seaver Motorcycles for $81,620.
ALTERNATIVES CONSIDERED
The alternative to purchasing the new BMW motorcycles is to retain the Honda
motorcycles currently in the fleet. These motorcycles are heavily used and show
considerable wear, require costly maintenance and may be down for long periods of time.
Staff does not recommend this alternative due to the fact that Police motorcycle units are
a vital component in daily Police operations.
FISCAL REVIEW
Funding for the purchase of the requested Police motorcycles is included in the adopted
FY 2017-18 Public Services Department budget.
LEGAL REVIEW
There is no legal review required on this item.
CONCLUSION
Staff recommends that the City Council approve and authorize the City Manager to
execute a purchase order in the amount of $81,620 with Iry Seaver Motorcycles, 607 W.
Katella, Orange, CA 92867 for three (3) new BMW R1200 -RT -P Police motorcycles.
RAJA SETHURAMAN BRUCE LINDEMANN
Public Services Director Maintenance Superintendent
ATTACHMENT
DISTRIBUTION
1
2
3
Invitation For Bid
Addendum No. 1
Bid Tabulation
City Manager
Assistant City Manager
City Attorney
City Clerk
File
2
ATTACHMENT 1
IPB No. 18-05 CO 1729
INVITATION FOR BID
IFB No. 18-05
FOR
THREE (3) BMW Police Motorcycles
Model No. R1200 -RT -P
Public Services Department
CITY OF COSTA MESA
October 4, 2017
Page 1 of 33
�� 1
1FB No. 15-05 C01729
IFB NO. 18-05
FOR
THREE (3) BMW Police Motorcycles
Model No. R1200 -RT -P
The City of Costa Mesa (hereinafter referred to as the "City") is soliciting sealed bids from authorized BMW
motorcycle dealerships for the purchase of Three (3) BMW Police Motorcycles Model No. R1200 -RT -P and the
installation of ancillary accessories and equipment, as specified herein.
I. GENERAL INFORMATION
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 II, 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 IFB October 4, 2017
Deadline for Written Questions October 10, 2017
Page 2 of 33
40
IFB No. 18-05 C01729
Responses to Questions Posted on City's Website October 12, 2017
Bids Due October 18, 2017
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 I. General Information
• Section II. General Instructions and Provisions
3. Responsive bids shall include the following completed submittals:
1) Appendix A — Sample Contract
2) Appendix B — Company Profile & References
3) Appendix C — Forms
4) Attachment A — Scope of Work
5) Attachment B — 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 & Certification) which includes
Contractor's legal business name(s).
5. Pricing (Attachment B):
• Bid prices quoted shall be firm for the full term of the 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 33
IFB No. 18-05 CO 1729
• 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. Detennination 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 in their bid which renders the Bidder unwilling to
perform under any resulting contract, the Bidder must immediately 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 items.
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 IFB;
• 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
contract.
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, within 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
Page 4 of 33
run
IFB No. 18-05 CO 1729
will respond to the protest in writing at least 3 days prior to the meeting at which City's recommendation to
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
• The form of relief requested.
10. Submission of Bids: Complete written bids must be submitted in sealed envelopes marked and received no
later than 11:00 a.m. on October 18, 2017 to the address below. Bids will 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 NO. 18-05 THREE (3) BMW POLICE MOTORCYCLES, MODEL NO. R1200 -RT -P
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 flash drive of bid in sufficient detail. In
the event of a conflict between the original and any hard copy or flash drive, the original shall control. City
will not return flash drive to Bidders.
12. Inquiries: Questions about this IFB must be directed in writing, via e-mail to:
Buyer: Stephanie Urueta at stephanie.uruetaLDcostamesaca.gov
The City reserves the right to amend or supplement this IFB prior to the bid due date. All addendum(s),
responses to questions received, and additional information will be posted to the Costa Mesa Procurement
Registry, Costa Mesa - Official City Web Site - Business - Bids & IFB's. 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 October 10, 2017 at 10:00 a.m. The City reserves the right not to answer all questions.
From the date that this IFB 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 IFB 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 33
0
IFB No, 18-05 001729
13. Conditions for Bid Acceptance: This IFB 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, responsive and responsible, 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 et 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 33
IFB No. I8-05 CO 1729
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 making 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 Interest: 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, et 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 Position: 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 tern 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 of
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 33
IFB No. 13-05 C01729
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 Terms 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 & IFB's. Bidders should check this web page
daily for new information.
Page S of 33
IFB No. 18-05 C01729
Appendix A
Sample Contract
Page 9 of 33
1FB No. 18-05 C01729
CITY OF COSTA MESA
PROFESSIONAL SERVICES AGREEMENT
WITH
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into this l 7
day of 62LI—, 20 ("Effective Date"), by and between the CITY OF COSTA MESA, a municipal
corporation ("City"), and , a [state] [type of entity] ("Consultant").
WITNESSETH:
A. WHEREAS, City proposes to utilize the services of Consultant as an independent contractor
to�-) h kitno 4 -las 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 CONSULTANT
1.1. Scope of Services. Consultant shall provide the professional services described in the
City's Request for Proposals ("RFP"), attached hereto as Exhibit "A," and Consultant's Response to City's
RFP ("Consultant's Proposal"), 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;
Page 10 of 33
06-
IPB No. 18-05 C01729
(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, religious
creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic
information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or
military or veteran status, 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 paid in accordance with the fee schedule set forth in
Exhibit "C," attached hereto and made a part of this Agreement by this reference (the "Fee Schedule").
Consultant's total compensation shall not exceed A — D Ilars ($� .00).
zf iS,A+y "%Li & -t-p �td-1
2.2. Additional Services. Consultant shall not receive compensation for any services provided
outside the scope of services specified in the Consultant's Proposal 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.
Page 11 of 33
1 3
IFB No, 18-05 001729
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 (3) 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
_ months, ending on fi /7_, 204 , with a one (1) one-year renewal option unless previously
terminated as provided herein or as otherwise agreed to in writing by the 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 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
Page 12 of 33
IFB No. 18-05 C01729
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."
(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."
Page 13 of 33
IFB No. 18-05 C01729
(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. 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
Page 14 of 33
ICB No. 18-05 c01729
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:
Tel:
Attn: l -,\0 t tic: 2_
IF TO CITY:
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Tel: (714) 754-
Attn:
Courtesy copy to:
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Attn: Finance Dept. I Purchasing
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 "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
Page 15 of 33
IFB No. 18-05 CO 1729
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 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.
Page 16 of 33
IFB No. 18-05 C01729
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 sub -consultants,
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 sub -consultants 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
sub -consultants 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
Page 17 of 33
IFS No. 13-05 C01729
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 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.
Rage 18 of 33
IFB No. 18-05 C01729
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.
:CONSULT NT
u- re'
Name and Title
5 3
Social Security or Taxpayer ID Number
CITY OF COSTA MESA
[Name]
[Mayor or City Manager]
CONSULTANT
Signature
Name and Title
Social Security or Taxpayer ID Number
ATTEST:
Brenda Green
City Clerk
APPROVED AS TO FORM:
Thomas Duarte
Date: / 1�
Date:
Date:
Date:
Page 19 of 33
01A
City Attorney
APPROVED AS TO INSURANCE:
Ruth Wang
Risk Management
APPROVED AS TO CONTENT:
[Name]
Project Manager
DEPARTMENTALAPPROVAL
[Name]
[Title]
APPROVED AS TO PURCHASING:
Stephen Dunivent
Interim Finance Director
Date:
Date:
Date:
Date:
Page 20 of 33
IFB No. 18-05 C01729
II%$ No. 18-05 C01729
Appendix B
Company Profile & References
Page 21 of 33
ok:;
COMPANY PROFILE & REFERENCES
Company Profile
IFB No. 18-05 C01729
Company Legal Name: Y v c
Company Legal Status (corporation, partnership, sole proprietor etc.): [fC]]` r 0 J
Active licenses issued by the California State Contractor's License Board: /V/
Business Address: 6(J 7 U' ► 6zg, e? 7
elr-1
Website Address: JA j WWt -J-tf`V 5P.^,\ o yl--\
Telephone Number: % ��'� �t Facsimile Number: %,� � Z �4
Email Address:
Length of time the firm has been in business: _3F Length of time at current location:
Is your firm a sole proprietorship doing business under a different name: Yes No
If yes, please indicate sole proprietor's name and the name you are doing business under:
Is your firm incorporated: Yes No If yes, State of Incorporation: (fa j ; nt, Pa,
Federal Taxpayer ID Number: 67 '7,:9
Regular business hours: - g�Ejj I t, -
Regular holidays and hours when business is closed:
Contact person in reference to this solicitation:
Telephone Number: %W -3-3Z -57 acsimile Number: 71% `J 32 73
Email Address: k_--'p+tl r - P rK „a �)I er
Contact person for accounts payable: L., /01 tt )0, Sea A
Telephone Number:�% 32' Facsimile Number:
Email Address: l�1 /T i -e rl/'tl
Name of Project Manager: --I--)C,- U
Telephone Number:
Number:
Email Address:
Facsimile Number: 7%3—/— 5 3 — S 71,;;�j--
Page 22 of 33
[FB No. 18-05 C01729
COMPANY PROFILE & REFERENCES
(Continued)
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 Jy(O Telephone Number:7/5Z-��
Contact Name: Contract Amount: 4 44
Address:
Brief Con
Company Name Telephone Number:
�
Contact Nam eYt 7Contract Amount: fL
Address: / (/ � C W c G ��'•�'r4,` ?/47U,
Brief Contract Description: t Z
Company Name -64 '/0-C4,1
tt
Contact Name: F'� i b / xtn
Address:
Brief Contract Description:
it
Telephone Number: 7�K / S--
Contract Amount:
H
V
Company Naine. 11 04-6-- ,telephone Number: / �f ;M,— } '--7
Contact Name:Contract Amount:G-� , / a :5 Z.—
.tea . .. • _ _
Address: 1/ ZZ 7 & rr'�)
Brief Contract Description: l.L% j'"`® (t, -e- �l G
Page 23 of 33
7
IFB No. 15-05 C01729
Appendix C
Forms
Page 24 of 33
IFB No. 18-05 C01729
INVITATION FOR BID No. 18-05
THREE (3) BMW POLICE MOTORCYCLES, MODEL NO. R1200 -RT -P
VENDOR APPLICATION FORM
TYPE OF APPLICANT: "NEW ❑CURRENT VENDOR
Legal Contractual Name of Corporation: ``''V�c� +`✓- r l �C'`y'�/'"��'�,YG/��.5.
Contact Person for Agreement:
Corporate Mailing Address: (4 7 W, �'�'t 7`t''� � /,!
City, State and Zip Code: Cel'
E -Mail Address: \ )G� t 9 tAP r /`'%`v ye
Phone: ,LL, � 7 Fax:
Contact Person for Bids:1J
jam,,
Title: 6° "nei'�, l a , Q c ,'' E -Mail Address: �` �'�-'.�'�^t'� r '`-v FA*4n
Business Telephone: ��� %�,�� Business Fax: 7 ��
Is your business: (check one)
ANON PROFIT CORPORATION
Is your business: (check one)
[CORPORATION
❑`INDIVIDUAL
❑PARTNERSHIP
FOR PROFIT CORPORATION
❑LIMITED LIABILITY PARTNERSHIP
[-I SOLE PROPRIETORSHIP
[]UNINCORPORATED ASSOCIATION
Page 25 of 33
1FB No. 18-05 C01729
Names & Titles of Corporate Board Members
(Also list Names & Titles of persons with written authorization/resolution to sign contracts)
Names Title Phone
tm
,13ell ;�� - �,,
Oe- // //� � �
z Sell Oni le- DItIAX I/-
G-, !�'+ t �"?->� �°�✓'�jfL�YjC1Gt ✓ /Y ��,5��°C�' ���� �1��`-�
Federal Tax Identification Number: ( � z lam' �?O /
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:
Page 26 of 33
IFB No. 18-05 C01729
EX PARTE COMMUNICATIONS CERTIFICATION
FOR
IFB NO. 18-05
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 THREE (3) BMW POLICE MOTORCYCLES, MODEL NO. R1200 -RT -P at
any time after October 4, 2017.
Signature:, aell�
Date
Print Name: t 9 t
OR
I certify that Bidder or Bidder's representatives have communicated after October 4, 2017 with a City
Council Member concerning the THREE (3) BMW POLICE MOTORCYCLES, MODEL NO. R1200 -
RT -P. A copy of all such communications is attached to this form for public distribution.
Signature:
Print Name:
Page 27 of 33
Date
1FB No. 18-05 C01729
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
—y—
If the answer is yes, explain the circumstances in the following space below.
Page 28 of 33
1FB No. 1 "5 C01729
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".
--- N one
Page 29 of 33
ATTACHMENT A
SCOPE OF WORK
The City of Costa Mesa Ca. is requesting bids to purchase three (3) BMW Police Motorcycles Model No. R -1200 -RT -P, with
specialized police equipment and emergency vehicle identification including visual warning devices, audible warning devices,
communication equipment, specialized electronics equipment, firearms security mounts and other required law enforcement
vehicle accessories to meet operational needs of the City of Costa Mesa Police Department.
SPECIFICATIONS:
1. Year: 2017 - 2018
2. Make/Model: BMW RI200-RT-P
3. Color: Night Black & Alpine white
4. Quantity: Three (3)
5. Ancillary Accessories per Motorcycle (Contractor will provide and install):
NOTE: Specifications per BMW Motorrad USA. If there are other exceptions, please include in you Bid.
2017 - 2018 BMW - R 1200 RT -P Motorcycle
Description
BMW
Option Code
Qty
Color - Night Black & Alpine White Ill
753
1
Gear Shift Assist Pro
222
1
Heated Seat
518
1
Tire Pressure Monitoring
530
1
Cruise Control
538
1
Weather Protection
649
1
Emergency Warning Lights (10) BMW P/N
Red LED -X Light 63172361 5
Blue LED -X Light 63172361 5
719
Rear Duplex Emergency Warning Light (1)
Duplex LED -X Red / Blue 63 17 2 361 730 1
Page 30 of 33
Take -Down (4) Alley (2) TS (2) BT (2) Saddlebag
Light (1) Red ID (1)
White Torus LED TDL/Alley
63 17 2 361 722
6
Auxiliary LED Turn Signals
63 17 2 361 725
2
Auxiliary LED Brake/Tail Light
63 17 2 361 726
2
Saddlebag LED Lights w/sensor switch
63 17 2 361 727
1
Round Blue License Plate ID Light Kit
7160 2 452 876
1
Convenience Options
Rear Flashlight / PR24 Holder - Left 7160 2 452 839 1
M4 Combat Assault Rifle Mount 7160 2 452 894 1
Map Light I 71 60 2 452 819 I 1
Note Pad Holder 1 65 14 0 421 315 1 1
Shotgun/ Assault Rifle Mounting Bracket I 7160 2 452 840 I 1
Front 12 Volt Power Outlet (lighter style) 1 7160 2 407 785 1 1
LTI Ultralite 20/20 Lidar Gun Mount ( 7160 2 452 885 1 1
BMW Motorrad Battery Charger (2.5 Ah) 77 02 8 551 897 1 1
6. Keys: Three (3) sets of factory keys, (aluminum keys are not acceptable)
7. Manuals: One (1)
8. Build -out, Completion, and Pick Up:
a. Deadline: All three (3) motorcycles must be completely outfitted with specified ancillary accessories and
equipment, and ready for pick up on or before January 15, 2018.
b. Contact: Sergeant Zack Hoferitza (714) 754-5125 or zhoferitza cr,costamesaca.aov .
C. The City reserves the right to conduct inspections of each unit throughout the build -out process.
d. Contractor must provide comprehensive and regular status reports on the progress of each build -out. Reports
must include, but not limited to:
Page 31 of 33
• Manufacture's ship date and expected lead-time for delivery to the Contractor's location;
• Actual date Contractor received each motorcycle from the manufacture;
• Lead-time for installation of specified ancillary accessories and equipment (Lead-time for each build-
out must be able to meet the deadline for pick up);
• Expected and actual dates of completion.
e. The City will pick up each motorcycle upon completion, and must be done prior to the deadline. The
Contractor must notify the City's contact and arrange a pick up date. On the date of pick up, the City will
inspect each motorcycle for acceptance. Upon acceptance of each motorcycle, the Contractor will: 1) conduct
an orientation with each rider; and 2) provide a full tank of fuel.
9. Warranty: Manufacture's standard warranties shall apply to all motorcycles, ancillary accessories and equipment.
Page 32 of 33
ATTACHMENT B
CONTRACTOR'S BID
Prices shall be inclusive of all costs (labor, equipment, materials, training, travel, overhead, insurance, taxes,
employee benefits, ancillary personnel, etc.) expected to be incurred by the Contractor to fulfill the requirements of
this Contract. Unit prices will prevail.
Item
Qty
U/M
Description`
Unit Price
Ext. Price
1
3
EA
Year/Make/Model: 2017(�
- 2018 BMW R1200 -RT-
�a
1 1 oo' 00
1, -
7, _ ®
2
3
Lot
Ancillary Accessories
2/ q 5Z • "17
f5l �7, 3
3
3
Lot
Lighting
2, y1-101 2 -7
rr3
4
3
EA
Radio
N4
r /V1/�
5
3
EA
Factory keys
2 2� 1
j
6
1
EA
Manuals
7
3
EA
Installation
e,90
0 , CC)
8
3
EA
Fuel per Tank
00
Q a o
9
3
EA
Shipping and Handling Charges
q6—, 0of
j , ego
10
3
EAS
Other Taxes: (please specify)
%C%r
Specify the address of the location the completed
motorcycles must be picked up from:
Subtotal
�(0te°"'i
Sales Tax (7.75%)
Total
`0/,
72,d ; a C1WP1,ie all -e moo- 1 ka + eI 1t e*
Page 33 of 33
ATTACHMENT 2
IFB No. 18 -05 -Addendum# 1 -CO 1729
r
ADDENDUM NO. I
INVITATION FOR BID
FOR
THREE (3) BMW POLICE MOTORCYCLES
Model No. R1200 -RT -P
IFB No. 18-05
Costa Mesa
POLICE DEPAR
CITY OF COSTA MESA
Released on October 25, 2017
The referenced document has been modified as per the attached Addendum No. 1
Please sign this Addendum where designated and d return the executed copy. 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 stephanieta("dlcostamesaca.gov
0
i
i
LFB NO. 18-05-Addendum#1-CO 1729
REVISED i
ATTACHMEIY i A
SCOPE OF WO)
The City of Costa Mesa Ca. is requesting bids to purchase tree (3) BMW Police Motorcycles Model No.
R -1200 -RT -P, with specialized police equipment and emer ency vehicle identification including visual
warning devices, audible warning devices, communication ejuipment, specialized electronics equipment,
firearms security mounts and other required law enforcement vehicle accessories to meet operational
needs of the City of Costa Mesa Police Department.
SPECIFICATIONS:
1. Year: 2017 - 2018
2. Make/Model: BMW R 1200 -RT -P
3. Color: Night Black & Alpine white
4. Quantity: Three (3)
5. Ancillary Accessories per Motorcycle (Contractor will provide and install):
NOTE: Specifications per BMW Motorrad USA. If there Ere other exceptions, please include in you
Bid.
2017 - 2018 BMW - R 1200 RT
-P Motorcycle
Description
BMW
Option Code
Qty
Color - Night Black & Alpine White I11
753
1
Gear Shift Assist Pro
222
1
Heated Seat
518
1
Tire Pressure Monitoring
530
1
Cruise Control
1
538
1
Weather Protection
i 649
1
Emergency Warning Lights (10) BMW PIN
Red LED -X Light 63172361 1 5
2
1FB NO. I8-05-Addendum#1-CO1729
Blue LED -X Light
63172361
719
5
Rear Duplex Emergency Warning Light (1)
71 60 2 452 839
1.
Duplex LED -X Red / Blue
63 17 2 361 730
1
Take -Down (4) Alley (2) TS (2) BT (2) Saddlebag
Light (1) Red ID (1)
71 60 2 452 819
1
White Torus LED TDL/Alley
63 17 2 361 722
6
Auxiliary LED Turn Signals
63 17 2 361 725
2
Auxiliary LED Brake/Tail Light
63 17 2 361 726
2
Saddlebag LED Lights w/sensor switch
63 17 2 361 727
1
Round Blue License Plate ID Light Kit
7160 2 452 876
1
Convenience Options
Rear Flashlight / PR24 Holder - Left
71 60 2 452 839
1.
Shotgun Mount
65 14 0 445 541
1
Map Light
71 60 2 452 819
1
Note Pad Holder
65 14 0 421 315
1
Shotgun/ Assault Rifle Mounting Bracket
7160 2 452 840
1
Front 12 Volt Power Outlet (lighter style)
71 60 2 407 785
1
LTI Ultralite 20/20 Lidar Gun Mount'
71 60 2 452 885
1
BMW Motorrad Battery Charger (2.5 ''Ah)
77 02 8 551 897
l
6. Keys: Three (3) sets of factory keys, (aluminum keys are not acceptable)
7. Manuals: One (1)
8. Build -out, Completion, and Pick Up:
a. Deadline: All three (3) motorcycles
3
be completely outfitted with specified
ancillary accessories and equipment, and
2018.
b. Contact: Sergeant Zack Hoferitza (714) 7`
c. The City reserves the right to conduct in;
out process.
d. Contractor must provide comprehensive z
each build -out. Reports must include, but
• Manufacture's ship date and
Contractor's location;
• Actual date Contractor received ea
• Lead-time for installation of specil
(Lead-time for each build -out mus'
• Expected and actual dates of comp
e. The City will pick up each motorcycle u
the deadline. The Contractor must notif
date. On the date of pickup, the City w
Upon acceptance of each'', motorcycle, the
with each rider; and 2) provide a full tank
9. Warranty: Manufacture's standard warranties
accessories and equipment.
4
iFB NO. I M5 -Addendum# I -CO 1729
for pick up on or before January 15,
125 or zhoferitza(&costamesaca.gov .
tions of each unit throughout the build -
regular status reports on the progress of
limited to:
expected lead-time for delivery to the
h motorcycle from themanufacture;
ad ancillary accessories and equipment
be able to meet the deadline for pick up);
on completion, and must be done prior to
the City's contact and arrange a pick up
1 inspect each motorcycle for acceptance.
Contractor will: 1) conduct an orientation
apply to all motorcycles, ancillary
[FB NO. 18 -05 -Addendum# 1-C01729
DEVISED
ATTACHMENT
CONTRACTOR'S
Prices shall be inclusive of all costs (labor, equipment, materials, training, travel, overhead,
insurance, taxes, employee benefits, ancillary personnel etc.) expected to be incurred by the
Contractor to fulfill the requirements of this Contract. Unit prices will prevail.
Item
Qt
U/M
Description
Unit Price
Ext. Price
1
3
EA
Year/Make/Model: 2017
- 2018 BMW R1200 -RT-
%9� 2 00
2
3
Lot
Ancillary Accessories
2j b-
1-
3
3
Lot
Lighting
4
3
EA
Radio
/* N,
!
5
3
EA
Factory keys
6
1
EA
Manuals
7
3
EA
Installation
8
3
EA
Fuel per Tank
9
3
EA
Shipping and Handling Charges
i
l 0
3
1 EA
Other Taxes: (please sped ')
�-'- T i �^2 bra c
2�
r
l
Specify the address of the location the completed
motorcycles must be picked up from:
Subtotal
7,51���
Sales Tax
(7.75°0)
I�!
Total
1FB NO, 18-05-Addendum41-C01729
All other provisions of the invitation for bid shah remain in their entirety.
Vendors hereby acknowledge receipt and understanding of the above Addendum.
Complete and submit this Addendum with your roposal.
C j
nate ate
-
Company Name
tbp y
5 007-
Typed Name and Title Address
City State Zip
6
ATTACHMENT 3
04�
IFB NO. 18-05 THREE (3) BMW POLICE MOTORCYCLES MODEL NO. R1200 -RT -P
Bidders
Iry Seaver Motorcycles
Long Beach BMW Motorcycles
Huntington Beach Honda
Contact Person for Agreement
David Diaz
Charles Berthon
Roger Smith
Title
General Manager
General Manager
President
Address
607 W Katella Avenue
2125 E Spring Street
17555 Beach Blvd.
City, State & Zip
Orange, CA 92867
Long Beach, CA 90806
Huntington Beach, CA 92647
E-mail address
david@irvseaverbmw.com
cberthon@clbbmwmotorcycles.com
roe,er@hbhonda.com
Phone
(714) 532-3700
(562)426-1200
(714)842-5533
Contact for Bid
David Diaz
Charles Berthon
Scott smith
Title
General Manager
General Manager
General Manager
Phone
(714) 532-3700
(562)426-1200
(714)842-5533
E-mail address
davidp-irvseaverbrnw.com
cberthon c@ Ibbmwmotorcvcles.com
ssmith(@hbhonda.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)
Yes, October 30 @ 10:40 am
None
None
References
Yes/Total of 4
Yes/Total of 4
Yes/Total of 4
Proposal received on
October 18, 2017
October 18, 2017
October 18, 2017
Time
10:11 AM
10:53 AM
10:54 AM
1 original, # copies & flash drive
i Original, 2 Copies & i Flash Drive
1 Original, 2 Copies & 1 Flash Drive
1 Original, 2 Copies & 1 Flash Drive
04�