City of Anaheim Request for Bids # 8081 Two-way Radio and Repeater Maintenance Services December 5, 2013 Pre-bid Conference: None Bid Due Date: December 19, 2013 2:00 PM, Pacific Standard Time Submit bid online at: http://anaheim.net/vendorportal Bid Contact: Neil Groom Buyer II 200 South Anaheim Boulevard Suite 620 Anaheim, California 92805 ngroom@anaheim.net 714-765-5207
Overview, Qualifications, Definitions, Post-Award Submittals 1.00 Overview of Requirements 1. City of Anaheim (City) desires the services of a qualified Vendor to provide: monthly maintenance services for Motorola hand-held portable radios and repeaters; batteries as-needed for these radios; and as-needed rentals of additional hand-held portable radios for the Anaheim Convention Center. All work must be done per these specifications, according to all applicable and acceptable industry standards, of the highest quality workmanship commensurate with the required work, and completed by the time required. 2. The intent of these Specifications is to describe maintenance requirements in general terms. The detailed specifications will be based on the manufacturer s requirements for regular maintenance. 1.01 Bidder Qualifications A. Certification Requirements 1. Be an authorized dealer for Motorola as required for the specific work. B. References 1. Have at least three references, which the bidder has done similar work in the past three years. 1.02 Definitions, Acronyms, and Abbreviations A. Acronyms and Abbreviations 1. The following list is not all-inclusive; there may be additional and specific ones used elsewhere in the RFB. A) Bid Documents = City documents, forms, exhibits, etc. attached to ebid. B) Bidder = the prospective or actual bidder, but not awarded. C) City = City of Anaheim. D) Contractor/Vendor = the awarded bidder. E) CR = City Representative. F) ebid = electronic bid submitted by bidders via www.anaheim.net/vendorportal. 1.03 Submittals Post Award (awarded contractors only) 1. Submit an Anaheim Business License and Insurance Certificates and Policies per General Terms and Conditions section. 2. Provide any additional items required by CR or elsewhere in the Specifications. (CONTINUED ON NEXT PAGE) December 2013 City of Anaheim 1
1.04 Product Specifications Exhibit A: Specifications and Scope of Work 1. Ensure that all equipment, materials, supplies, and consumables meet or better all applicable manufacturer s published specifications and industry standards for items being maintained. 2. Use only brand new, factory-sealed products unless CR authorizes otherwise. 1.05 Specific Terms and Conditions A. Specifications Conflict 1. All applicable laws, ordinances, codes, and local building codes shall govern over any City of Anaheim written specifications and referred to specifications. 2. Any issued addendums as part of the bid specifications shall govern over its predecessor. 3. Any conflicts between the requirements of the specification, related specifications, addendums, purchase orders, master agreements, or drawings, shall be referred to City for clarification prior to proceeding with any work of the effected equipment or components thereof. 4. City will determine precedence in the event of any conflict or ambiguity. B. Industry Standards, Legal and Best Practice Requirements 1. Ensure that all equipment, materials, supplies, and work meet or better all applicable manufacturer s published specifications and industry standards. 2. Be self-informed, abide by, and comply with all, current and applicable, local, county, state, federal or other legal requirements and best practices at all times. In submitting a bid, Contractor acknowledges that they are self-informed regarding all legal requirements. 3. Do not cause, allow to be caused, or permit the continuance of any violation of any legal requirements or best management practices. 4. Be responsible for and bear all costs, expenses, fines, and penalties arising from and associated with any work, actions, and or violations performed contrary to any laws, ordinances, codes, rules or regulations. C. Site Conditions 1. Note site conditions will vary significantly from location to location and the locations may be occupied by City employees and the Public. 2. Ensure that existing site conditions have been incorporated into your bid prices. D. Safety 1. Note it is Contractor s responsibility to be fully self-informed regarding all legal and industry standard requirements regarding all applicable safety requirements. 2. Exercise all necessary and reasonable precautions regarding safety of persons and property in performance of the contract requirements and while on site. December 2013 City of Anaheim 2
E. Security 1. Provide temporary security measures for the work site, to secure all equipment and materials and discourage theft, vandalism, and unauthorized entry by public. 2. Do not admit any person into the work area who is not an employee of City, Contractor, or subcontractor. 3. Wear identification at all times, which shall be furnished by Contractor. 4. Turn off all inside lights, if working inside, except emergency lights, at the end of the working day. F. Work Schedules 1. Perform all work per an agreed-upon schedule with CR. 2. Coordinate schedule changes due to inclement weather or blackout dates. G. Materials and Equipment 1. Furnish Original Equipment Manufacturer items unless CR authorizes otherwise. 2. Furnish materials and supplies that meet or better all applicable specifications of the items being maintained. H. Damages 1. Protect materials, products, and facilities against damage for project duration. 2. Make repairs, at Contractor s sole expense, for Contractor-attributed damages within 5 days; Contractor s failure to make repairs by required time may cause City to affect repairs and charge same to Contractor or deduct from invoices due, plus administrative costs. I. Unsatisfactory Work 1. City will NOT pay for any unsatisfactory work. 2. City may utilize alternate sources to correct any Contractor-attributed deficiency that Contractor fails to correct within 5 calendar days of notice and City will deduct from Contractor s payment the total cost including City overhead. J. Warranty 1. Note some equipment may have warranties and all materials utilized and all work performed must be within manufacturer s warranty requirements; City will provide any known warranty requirements. 2. Warrant, at Contractor s sole expense, from date of acceptance: all work for at least 90 days; all materials replaced by Contractor for at least one year. 3. Submit manufacturer s warranty documentation to support replaced equipment. 4. Perform all in-warranty work, at no cost to City, within seven calendar days for routine requirements or within three business days of emergency after written notification from CR. (CONTINUED ON NEXT PAGE) December 2013 City of Anaheim 3
1.06 Scope of Work and Specifications A. General 1. Note that all work to be performed outside of Contractor s license specialty, except work authorized by the aforementioned, shall be performed by a licensed subcontractor. 2. Perform all work in accordance with the latest editions or addenda of the following applicable codes, standards and specifications. 3. Perform all work according to all applicable industry-standards and to the highest quality commensurate with the required work. 4. Ensure that all work is done only by experienced and professional personnel. 5. Provide everything necessary to complete maintenance work including but not limited to labor, equipment, materials, consumables, etc. 6. Perform work according to any applicable manufacturer s specifications. 7. Respond in the time required. 8. Remove and properly dispose of any to-be-replaced materials. B. Maintenance 1. Test, diagnose, troubleshoot, correct, and restore to peak performance all items listed in the ebid Line Items on a monthly basis. 2. Provide a detailed checklist of all to-be-performed monthly maintenance tasks to CR. 3. Provide a monthly report of all maintenance activities performed to the CR by the 10 th of the following month. Note that failure to provide the report will cause payment to be withheld until a satisfactory report has been submitted to CR. 4. Provide end of useful life reports and an equipment replacement plan for all equipment to CR at the beginning of each contract Term. C. Limitations on Scope of Work 1. Maintenance Excludes: repair work due to obvious damage to the units other than normal wear and tear. 2. Work Includes: maintenance of existing items and equipment for normal wear and tear. D. Subcontractors 1. The majority of the work as required herein and at the time the work is requested must be done by the awarded Contractor. 2. The work may not be subcontracted or sublet to another contractor unless the contractor has been listed on the Subcontractor List or a substitution of that contractor has been approved by CR in advance of any scheduled or actual work. End of Exhibit A (CONTINUED ON NEXT PAGE) December 2013 City of Anaheim 4
1.00 Quantities & Term Exhibit B: Pricing A. Quantities 1. City makes no commitment of any specific quantities during the term of the agreement; actual quantities will vary. 2. Quantities shown in the ebid Line Items are annual estimates, hypothetical, and used to evaluate bid results; actual quantities will vary significantly for a given repair, in both material and labor requirements. B. Term 1. The term of the agreement will be for a one-year base period with up to four oneyear optional renewals. 2. Price changes after the base period shall be negotiated, but shall not exceed the most recent available month for the Los Angeles-Riverside-Orange County, CA Consumer Price Index (CPI) for All Urban Consumers for non-labor, and Urban Wage Earners and Clerical Workers for labor. 3. If Contractor employees are being paid less than any future enacted governmentmandated changes in labor rates (proof required), then Hourly Rates will be changed by exact dollar amount of that increase. 1.01 Pricing A. Pricing Terms 1. Line Items: quantities, unit of measures, etc. are shown in ebid Line Items. 2. Monthly Maintenance: the fixed cost per month to maintain the listed items in peak operating condition. Amounts will be prorated based on actual usage. 3. Rentals: for as-needed weekly rates for the units shown in ebid Line Items. 4. Government-Mandated Taxes and Fees: will be added to each delivery order. 5. Permits, Licenses and Fees: Obtain, at Contractor s sole expense, all permits and licenses required in connection with the work and in Contractor s name. 6. Additional Charges: not allowed: no fuel surcharges, no mileage rates. B. Bid Results Price Sheet 1. The awarded bidder s Bid Results Price Sheet, as accepted by the City, will be incorporated as part of Exhibit B. December 2013 City of Anaheim 5
Bid Terms and Conditions 1. Method of Submission: No bid or proposal will be considered for award unless properly submitted in the City s electronic bid management system, or, if required to be submitted in hard copy, on the bid proposal forms furnished by the Purchasing Agent, completely filled out and properly delivered. When bids on certain items are optional, bidders shall indicate no bid in the space provided for an item for which no bid is being offered. For bids submitted in paper format, all forms must be properly signed by the bidder, and delivered under sealed copy plainly marked with the bid # and title on the outside of the envelope, and delivered to the Office of the Purchasing Agent, 200 S. Anaheim Blvd., Suite 620 Anaheim, CA 92805. Except when otherwise indicated in the bid documents, bids may not be submitted by fax or regular email. 2. Bid Due Date & Public Opening: All bids, must be physically received in the Office of the Purchasing Agent, or submitted in the electronic bid system on or before the closing time indicated in the bid documents. Bids mailed or delivered to the wrong location, or which for any other reason do not arrive in the Purchasing Division offices or electronic bid file by the due date and time are considered late and will be rejected. Bids will be publicly opened in the Purchasing offices immediately following the due date and time. 3. Specifications and Qualifications: Bidders shall carefully review all specifications, drawings, scopes of work, and any other bid requirements, including but not limited to; insurance, bonding, licensing, references, affidavits, certifications, etc. that may be called for in the bid documents, in order to ensure qualifications and submission of a responsive bid or proposal. All requirements specified in the bid documents will be made a part of any contract with the successful bidder. 4. Timing of Award/Bid Withdrawal: Awards will be made by the City of Anaheim within ninety (90) days from the date bids are opened, unless a different timeline is provided in the bid documents. Any bid may be withdrawn up until the date and time for opening. Any bid not so withdrawn shall constitute an irrevocable offer, which may not be withdrawn prior to award by the City within the number of days specified in the bid documents. 5. Questions: Any questions concerning this bid request are to be directed in writing, to the Purchasing Agent or Buyer named in the bid documents, electronically, by the date indicated in the bid. In the event no specific date is indicated, questions are due no later than seven (7) calendar days prior to the scheduled bid submittal date. Attempts to obtain information from other City employees or contractors during the bid cycle may disqualify a bidder. Answers to such inquiries, as well as any revision, deletion, or addition to the bid, will be publically posted on the City s website. Bidders should check the website for any addendums prior to submitting their bid. 6. Price Errors/Discrepancies: In the event of discrepancies between totals, unit price extensions and summaries of totals, the unit price correctly extended will control. 7. Single or Multiple Awards: If more than one item appears on the bid proposal form and no statement to the contrary is set forth therein, the City of Anaheim reserves the right to: a) Make multiple awards based upon prices submitted; or b) Make one award based upon the total price of all items. Bidders have the option of stipulating "all or nothing" or any combination of items on their proposal unless otherwise stated in the bid specifications. December 2013 City of Anaheim 6
8. Open Competition: The City of Anaheim encourages all qualified business firms to submit proposals. The Purchasing Division will assist by providing detailed instructions, procurement policies, and other relevant information upon request to any potential bidder seeking assistance. 9. Federally Funded Projects: For projects designated as federally funded, the successful bidder must certify prior to award that it has a written affirmative action program and complies with all federal, state, and municipal laws and regulations pertaining to affirmative action and non-discrimination. Vendor must also certify that they have not been disbarred and comply with any additional Federal regulations that may be indicated within the specific bid documents. When this provision is applicable to the bid, this certification shall be made on the bid form that will be provided with the bid documents. 10. New Materials: Unless a bid specification calls for used, refurbished or recycled materials, all items or materials bid and supplied to the City are to be new, unused products. 11. Alternates/Substitutions: When bidding an item believed to be equal to that specified where equals are called for, sufficient supporting data to enable the City of Anaheim to determine whether the proposed item is equal must accompany your bid. Vendors should refer to the specification pages to determine if alternate products or specifications will be considered, and to determine any pre-qualification requirements that may be applicable. 12. Exceptions: Exceptions to the City s specifications, terms or conditions taken at time of, or after bid submittal, may render the bid non-responsive and result in disqualification. Vendors wishing to request such exceptions are requested to notify the Buyer of such request no later than seven (7) days prior to the bid due date, to allow for consideration and notification of acceptance or rejection of such request. 13. Lowest Responsive and Responsible Bidder: It is understood that, except as may be otherwise expressly provided in the bid documents, the award will be made to the lowest responsive and responsible bidder where the bids are for identical items or supplies, subject to the right to reject any and all bids. When bids call for articles or supplies that are similar but of different brand or make, the City may accept the bid of the bidder who submits the article or supply which, in the City's judgment, is deemed best for the City although it may not be the lowest bid. 14. Sales Tax Consideration: In determining the lowest total price, the ultimate receipt of local sales tax by the City will be considered. Bidders with a place of business in the City of Anaheim, who will be submitting sales tax on the City s purchases to the State of California, may be given a 1% preference in pricing, to recognize the amount of sales tax that will be returned to the City. Bidders wishing to be recognized as Anaheim businesses should clearly indicate this fact when submitting their bid. 15. Informality or Irregularity: The City of Anaheim reserves the right to waive any informality or irregularity in a bid when it is to the advantage and best interest of the City to do so. It is further understood that if the bidder to whom any award is made fails to enter into a contract in a timely manner, award may be made to the next lowest responsible bidder who shall be bound to perform as if he had received the award in the first instance. 16. Discounts/Rebates: Any and all discounts or proposed rebates must be incorporated as reductions in the bid prices and not shown separately. The price as shown in the unit price and its extension shall be the price used in determining award. December 2013 City of Anaheim 7
17. Payment Terms: Standard payment terms are net 30 days. Payment will be made within thirty days of acceptance of goods or services and receipt of invoice, whichever occurs last. Discount payment terms may be offered; however, they will not be considered in determining lowest responsive bid award. 18. Delivery Terms: Unless specified otherwise in the bid documents, all items are to be priced with freight and/or delivery charges included in the price quoted. Shipping terms to be FOB delivered to the City specified location. 19. Taxes: Bidders should submit their bid prices without including State or County sales taxes. The City pays State sales or use tax at the Orange County rate in effect at the time of purchase, and will include sales tax on the Purchase Order issued to the successful bidder. The City is exempt from Federal Excise tax. 20. Non-Collusion: By submitting a bid, bidder certifies they have not divulged, discussed or compared their bid with other bidders, nor colluded with any other bidder or parties to the request for bid. Bidders must sign and submit the City s Non-Collusion Affidavit with their bid. 21. Applicable Laws: All applicable laws and regulations of the State of California, County of Orange, and City of Anaheim will apply to any resulting agreement, contract or purchase order. Bidders are responsible to comply with any and all Federal, State and local rules, regulations and requirements applicable to their provision of goods and/or services to the City. 22. Business License: Any person, including but not limited to, an individual, corporation, or sole proprietor who wishes to conduct any business within the City of Anaheim, must secure a business license and comply with any and all applicable provisions of Title 3 of the City Ordinance relating to business licenses. A City of Anaheim business license is not required in order to submit a bid, but must be in effect prior to any product or services being provided to the City. 23. Patents, Royalties and License Fees: Should any articles being bid be protected by patent, copyright, royalties and/or license fees, the successful bidder shall include any such royalties or license fees in their bid price, and defend all suits or claims for infringement of any patent right against the City. Successful bidder shall hold the City of Anaheim harmless from any loss on account thereof and cost and attorney s fees incurred therefore. 24. Quality Guaranty: All items furnished shall be new, of good workmanship, in full accordance with the specifications, and free of defects. Items will be subject to inspection by the City. If any product or service delivered shows evidence of shipping damage or defects, does not meet applicable specifications, or does not perform to the standards represented by the supplier, the City shall reject same. Supplier will refund money which has been paid and bear all costs of removal and return of the products. Unless otherwise specified, all products provided shall have a manufacturer s warranty of at least twelve (12) months on workmanship, parts, and labor. 25. Hold Harmless and Indemnification: The successful bidder shall agree to indemnify, defend and hold harmless the City (including its officers and employees) from and against any and all claims of any kind or nature presented against the City arising out of vendor s (including vendor s employees, representatives, products and subcontractors) performance under any purchase order or agreement resulting from this bid, excepting only such claims, costs or liability which may arise out of the sole negligence of the City. December 2013 City of Anaheim 8
26. Bonding and Insurance Requirements: Some procurements may require bonding and/or insurance. Specific requirements will be stated in the applicable bid documents. In the event bonding is required, bonds shall be submitted in a form acceptable to the City (samples will be included in the documents).checks or letters of credit will not be accepted in lieu of bonding. When work will be performed on City property, the City s standard insurance requirements (shown below) will apply, unless otherwise indicated in the bid specifications. a) Comprehensive General Liability Insurance: $1,000,000 per occurrence. b) Auto Liability Insurance: $1,000,000 per occurrence combined single limit (CSL). c) Workers' Compensation Insurance: as required by State statutes. City of Anaheim to be named as an Additional Insured. All policies shall provide for a minimum of 30 days written notice of any change or cancellation. Insurance policies to be in a form and written through companies acceptable to the City. 27. Addenda: Any changes, deletions, or additions to this bid solicitation will be made by addendum numbered sequentially and posted on the City s website. In order to ensure that your bid is predicated upon having received all such addenda, if submitting a paper bid, please enter the last addendum number received on the bid Signature Page; if none have been received, enter "none". Bidders submitting their bids on line will enter this information electronically in the space provided. 28. Right to Reject: The City of Anaheim reserves the right to accept or reject any and all bids. December 2013 City of Anaheim 9