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HomeMy WebLinkAbout07.G- Finance RESOLUTION (ID# 1868) DOC ID: 1868 C CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Request for Proposal From: Jason Simpson M/CC Meeting Date: 06/18/2012 Prepared by: Jason Simpson, Dept: Finance Ward(s): All Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Issue a Request for Proposal (RFP) for the Purpose of Seeking a Consultant to Explore the Sale of the City's Cell Phone Tower Leases. Financial Impact: No Fiscal Impact for issuance of RFP for Consultant for the Sale of Cell Phone Tower Leases. Motion: Adopt Resolution. Synopsis of Previous Council Action: None. © Background: The City of San Bernardino has received interest from two companies seeking to solicit the sale of the City's 12 cell phone tower leases. The City Manager received a letter from ATS Communications proposing revenue options to assist the City,and staff has met with the company. Since then a Request for Proposal has been prepared by staff and will yield market information on the economic value of selling the existing cell phone tower leases. Once the proposals have been reviewed, staff will provide the Mayor and Common Council with the results and seek further direction. The leases vary in terms with approximately$6,642,966 in remaining lease payments over the next several years are anticipated to be received from these 12 cell phone towers. Attachment A is a Resolution and draft Request for Proposal. City Attorney Review: (� Supporting Documents: i i Updated:6/14/2012 by Lames F.Pemnan C `Packef Pg. 1006 1868 reso 1868 (PDF) CConsultant for Cell Tower Leases RFP (DOC) Updated:6/14/2012 by James F.Penman C Packet Pg. 1007 I RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE CITY MANAGER TO 3 ISSUE A REQUEST FOR PROPOSAL (RFP) FOR THE PURPOSE OF SEEKING A 4 CONSULTANT TO EXPLORE THE SALE OF THE CITY'S CELL PHONE TOWER LEASES. m J 5 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON o 6 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: ~ m 7 U 0 8 SECTION 1. The Mayor and Common Council of the City of San Bernardino U) 9 hereby authorizes and directs the City Manager to issue, on behalf of said City, a Request for w c 10 Proposal for a Consultant for the sale of the City's cell phone tower leases, a copy of which is m 11 0 attached hereto marked Exhibit A and incorporated herein by reference. U 12 w 13 © 14 15 N d 16 17 18 19 0 20 > m 21 22 Yl d 23 24 25 z 26 27 Q28 /// I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE CITY MANAGER TO 2 ISSUE A REQUEST FOR PROPOSAL (RFP) FOR THE PURPOSE OF SEEKING A CONSULTANT TO EXPLORE THE SALE OF THE CITY'S CELL PHONE TOWER 3 LEASES. d "m 4 m J 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and ; 0 6 ~ Common Council of the City of San Bernardino at a meeting m 7 � thereof,held on the_day of 2012, by the following vote,to wit: m 8 N 9 Council Members: AYES NAYS ABSTAIN ABSENT w c 10 MARQUEZ w 11 JENKINS ci 12 w VALDIVIA a - LL 13 z 14 SHORETT d w 15 KELLEY S w m 16 JOHNSON O' - d 17 MCCAMMACK 18 19 0 20 Georgeann Hanna, City Clerk 2 d 21 The foregoing resolution is hereby approved this day of .2012. �o 22 0 w m 23 Patrick J. Morris, Mayor 24 City of San Bernardino E 0 V 25 Approved as to form: x JAMES F. PENMAN, a 26 City Attorney 27 By. cfl_✓ 28 7.G.b N � 0 Sa 0 June 19, 2012 rn 0 SUBJECT: REQUEST FOR PROPOSALS(RFP) F-12-99 c m The City of San Bernardino(City) invites Proposals from qualified vendors for: N c Consultant for Sale of Cell Tower Leases ° U Parties interested in obtaining a complete copy of this RFP F-12-99 may do so by accessing the City of ° San Bernardino Web Page at www.sbcitv.org City Services > Request for Bids > City Finance, beginning June 19, 2012, or by faxing their request to (909) 384-5043, attention Deborah R. Morrow. Please include the following information in your request: name and address of firm; name, telephone and y facsimile number of contact person; specify RFP F-12-99. �+ 0 Copies of the RFP may also be obtained by calling Deborah Morrow (909) 384-5122 x3604, Deborah w Morrow at(909)384-5086, Vanessa at(909) 384-5330, or in person at City Hall, 300 N. "D" St., 6th floor City Manager's Office San Bernardino, CA 92418. w° rr '�- From the issuance date of this Request for Proposal until a Vendor is selected and the selection is 'ate announced, Proposers are not permitted to communicate with any City staff or officials regarding this procurement, other than during interviews, demonstrations, and/or site visits, except at the direction of -- Deborah Morrow, C.P.M., Purchasing Manager or Jason Simpson, Director of Finance, the designated representatives of the City of San Bernardino. Contact with anyone not designated will result in o elimination from the bid process. 'y m ANon-Mandatory Pre-Bid conference including an on-site job walk of a typical cell tower location will be W held on July 2, 2012, from 10:00 A.M. at San Bernardino City Hall, 300 N "D" Street. 41" Floor- o. Finance Department, San Bernardino, California 92418. This meeting is to serve as a pre-bid review for prospective bidders. N All prospective bidders should consider attending the entire Pre-Bid Conference/Job Walk to understand J the scope for this proposal. v Closing Date: Proposals must be submitted at or before 3:00 PM, PST, July 31, 2012, at the address 0 listed above. — m U Issuance of this RFP and/or receipt of Proposals does not commit the City to award a contract. 0 Sincerely, Deborah R. Morrow, C.P.M. Purchasing Manager 0 U c m E t t m _ a Packet Pg. 1010 d J d 3 0 m U 0 d y SECTION I. o c INSTRUCTIONS TO OFFEROR(S) w N C O U O a LL d 3 N N O Ul d Q d OD C O .N d K CL LL N d N R d J d 3 O H d U 0 c d N C O U c d E s 7 m Q Packet Pg. 1011 7.G.b N N N City of San Bernardino, Finance Department Purchasing Division m 3 0 RFP F-12-99 d Consultant for Cell Tower Leases w 0 v Bid Documents to Be Returned y `o c n ❑ Resume I Corporate Information 0 0 ❑ Education / Experience/Qualifications u `0 ❑ Three(3) References m ❑ Cost Proposal and Time Estimates N N ❑ Affidavit of Non-Collusion ° N d ❑ Authorized Binding Signature(s) Q 0 "^ ❑ Verifications of Addenda Received (City Form) IV`ones ❑ Listing of Proposed Subcontractor, if applicable(City Form) V Fones ❑ 120 Day Minimum Proposal Validity Statement iii Additional Requirements,VI General Specifications" 0 .N ❑ Insurance Certificates ❑ Copy of Contractor License or other appropriate Licenses where applicable Vi General LL specifications#35 K N qI N N q) J Offeror(s)are recuested to submit this checklist completed with all bid documents.This list may not be 3 inclusive of all documents needed to submit your RFP. Please refer to 0 entire packet for additional documents. ~ d v 0 c 0 N c 0 v c 0 E r 3 a Packet Pg. 1012 7.G.6 m v w I. GENERAL INSTRUCTIONS TO OFFEROR(S) m 3 0 A. Notice d U From the issuance date of this Request for Proposal until a Vendor is selected and the selection is announced, Proposers are not permitted to communicate y with any City staff or officials regarding this procurement, other than during w interviews, demonstrations, and/or site visits, except at the direction of Deborah Morrow, C.P.M., Purchasing Manager or Jason Simpson, Director of Finance, the designated representatives of the City of San Bernardino. Contact with anyone not designated will result in elimination from the bid process. o U O B. Non-Mandatory Pre-Proposal Conference a LL A Non-Mandatory Pre-Bid conference including an on-site job walk of a typical cell tower location will be held on July 2. 2012, from 10:00 A.M. at San Bernardino City Hall, 300 N "D" Street. 41h Floor-Finance Department, San Bernardino, California 92418. This meeting is to serve as a pre-bid review for 3 prospective bidders. C. Examination of Proposal Documents 1. By submitting a proposal, the Offeror(s) represents that it has thoroughly c examined and become familiar with the items required under this RFP and that it is capable of quality performance to achieve the City's objectives. 2. The City reserves the right to remove from its mailing list for future RFPs, LL for an undetermined period of time, the name of any Offeror(s) for failure to accept a contract, failure to respond to two (2) consecutive RFPs and/or unsatisfactory performance. Please note that a "No Proposal" is considered a response. 3 0 D. Addenda ~ d U Any City changes to the requirements will be made by written addendum to this w RFP. Any written addenda issued pertaining to this RFP shall be incorporated into the terms and conditions of any resulting Purchase Order. The City will not be bound to any modifications to or deviations from the requirements set forth in this RFP as the result of oral instruction. v For automatic electronic notifications, please visit our website and sign-up for SB E r 4 A a Packet Pg: 1013 Connect at: www.sbcity.org > City Services > Request for Bids > City Finance. y d E. Clarifications d 3 1. Examination of Documents 0 d Should an Offeror(s) require clarifications of this RFP, the Offeror(s) shall notify the City in writing in accordance with Section D.2 below. Should it d be found that the point in question is not clearly and fully set forth; the City will issue a written addendum clarifying the matter which will be sent to all w persons who have requested the RFP. 2. Submitting Requests 0 U a. All questions, clarifications or comments shall be put in writing and o must be received by the City no later than 3:00 PM, July 31, 2012 a and be addressed as follows: d City of San Bernardino 300 North "D" Street o 4th floor, Attn: Deborah R. Morrow d San Bernardino, CA 92418 d o- b. The exterior envelope or email Subject line of all requests for clarifications, questions and comments must be clearly labeled, "Not an Offer." The City is not responsible for failure to respond to a request that has not been labeled as such. 0 The City will also accept questions sent by facsimile machines or email, however, all faxed or emailed questions must be received by Ix the City no later than 3:00 PM, PST, July 31, 2012. Send facsimile a transmissions to (909) 384-5043, attention Deborah R. Morrow, and W emails to: morrow_de @sbcity.org. v C. Inquiries received after 3:00 PM July 31, 2012 will not be accepted. J a, 0 0 3. City Responses v U Responses from the City will be communicated in writing to all recipients 5 of this RFP, by a posting to our website, www.sbcity.org by the close of business July 19, 2012. N For automatic electronic notifications, please visit our Homepage and register for SB Connect. If you are not registered for SB Connect, you may c d E s 5 A � a :.Packet Pg. 1014 view or download the Addendum at www.sbcity.org > City Services > d Request for Bids > City Finance. v J F. Submission of Proposals "3 0 1. Date and Time All Proposals are to be submitted to City of San Bernardino, Attention: Deborah Morrow. Proposals received after 3:00 PM PST, July 31, 2012, N will be rejected by the City as non-responsive. w 2. Address c Proposals shall be addressed as follows: 0 `0 City of San Bernardino a 300 North D Street Ix Finance Department—4`h Floor Attn: Deborah Morrow m San Bernardino, CA 92418 0 N d Proposals may be delivered in person to the Finance Department, 4th c floor of the above address. 3. Identification of Proposals Offeror(s) shall submit a SEALED proposal package consisting of: 0 .y (a) One (1) signed original of Proposal A z (b) Two (2) copies of Proposal LL z The proposal package shall be addressed as shown above, bearing the y Offeror(s) name and address and clearly marked on the outside of the d envelop as follows: J v 3 RFP F-12-99 Consultant for Cell Tower Leases d U 4. Acceptance of Proposals A a. The City reserves the right to accept or reject any and all y Proposals, or any item or part thereof, or to waive any informalities `o or irregularities in proposals. E E L 6 m Q Packet,P9.1015s b. The City reserves the right to withdraw this RFP at any time without N prior notice and the City makes no representations that any contract will be awarded to any Offeror(s) responding to this RFP. d 3 C. The City reserves the right to postpone proposal opening for its own convenience. d U d. Faxed or emailed proposals will not be accepted. v o w G. Pre-Contractual Expenses w c Pre-contractual expenses are defined as expenses incurred by the Offeror(s) in: w S N C 1. preparing its proposal in response to this RFP; 0 0 2. submitting that proposal to City; a 3. negotiating with City any matter related to this proposal; or N N 4. any other expenses incurred by the Offeror(s) prior to date of award, if o any, of the Agreement. v 3 Q The City shall not, in any event, be liable for any pre-contractual expenses incurred by Offeror(s) in the preparation of its proposal. Offeror(s) shall not include any such expenses as part of its proposal. o H. Contract Award c 0 Issuance of this RFP and receipt of Proposals does not commit the City to award a Purchase Order. The City reserves the right to postpone proposal opening for its own convenience, to accept or reject any or all Proposals received in LL response to this RFP, and to negotiate with other than the selected Offeror(s) should negotiations with the selected Offeror(s) be terminated. The City also reserves the right to apportion the award among two or more OFFEROR(S). d J d A signed Vendor (Contractor) / Consultant Service Agreement (VSA/CSA), along o with a pre-performance meeting, outlining additional terms and conditions relating to performance, warranty, materials, goods, services, or other items as deemed necessary by the City, may be required prior to the commencement of the job. g I. Acceptance of Order 2 N The successful Offeror(s) will be required to accept a Purchase Order in u accordance with and including as a part thereof the published Request for Proposals, and the RFP documents including all requirements, conditions and E L 7 m Q Pasfr®t Pg.1016' specifications contained therein, with no exceptions other than those specifically listed in the written purchase order. d J J. Business License ; 0 The City's Business Ordinance requires that a Business doing business with the City, obtain and maintain a valid City Business Registration Certificate during the terms of the Agreement. Bidder agrees to obtain such Certificate prior to undertaking any work under this Agreement. y 0 K. Local Vendor Preference m The City of San Bernardino gives any formal or informal bid submitted by a local bidder a one percent (1%) credit for goods and materials, where labor and/or 0 installation is incidental; and a five percent(5%) credit on Contractual services, for g comparison purposes with other bidders, as authorized in the San Bernardino a Municipal Code Section 3.04.125, and Executive Order 2003-1, respectively. v 3 For the purposes of this section, 'local bidders' shall be bidders for which the point of sale of the goods, materials, or services shall be within the City limits of San 2 Bernardino. d 3 O' d K W 0 O .N W a u. o: N N N N N J d 3 0 F v U `o c m N C O U C d E r PacketPg. 1017 N d N A d J d 3 0 SECTION II. d U `o STATEMENT OF WORK d m U) `O m N C O U O o. LL LL' d N N O N d J a d K w m C O .y d a. LL N d N A d J d 3 0 m U O C A N G O U c d s 9 n Q Packet Pg. 1018 I. Background a m The City of San Bernardino encompasses 59.3 square miles, with a diverse population of over 214,000 residents, and is located about 60 miles east of Los Angeles, 120 miles 3 northeast of metropolitan San Diego, and 55 miles northwest of Palm Springs. The City 0 of San Bernardino is a Charter City and is governed under the Mayor/Council/City m Manager form of government. The City is a full-service city, including fire, police, library, community services (encompassing parks and recreation, engineering, streets, solid 0 waste management, fleet, property management, and maintenance), water and y wastewater utilities, planning, building, economic development and administrative w functions. The City has an annual general fund budget of $130 million and employs 1,052 full-time employees and 330 part-time employees. The City of San Bernardino serves as the county seat and is the largest city in the County of San Bernardino. 0 More information about the City can be found on our website at www.sbcitv.org. c a LL II. Schedule of Events The City intends to follow the schedule described below during the proposal process for 0 Consultant for Cell Tower Lease Revenue Stream, but reserves the right to alter the d schedule at any time for any reason. Q v ,r+ EVENT DATE Request for Proposal Released June 19, 2012 Deadline for Receipt of Written Inquiries July 11, 2012 o y Addendum Issued to Bidders July 19, 2012, if necessary Proposal Due Date July 31, 2012 N Finalist Interviews Early to Mid TBD v J Selection and Notification — Mid to late TBD 3 New contract begins Immediately upon Council Approval and Execution of Agreement o N C O U c d t 10 Q Pai:ket Pg. 1019 7.G.b III. Contract Period and Compensation N R The term of the Consultant for Cell Tower Lease Revenue Streams contract shall commence upon notification of award and continue for a period of one (1) year, plus any 3 optional extensions which may be granted by the City. At the end of the originally agreed upon contract period, any price increases may not exceed increases in the local Consumer Price Index for all urban consumers or percentage increases in firm's o published prices, whichever is lower. The City may cancel the contract if a requested N price increase is not acceptable. All other conditions set forth in the City's standard w Service Agreement apply. If at any time during the course of the contract the Contractor does not meet the terms of the contract, the contract can be terminated by the City of San Bernardino. o U 0 IV. Selection Process a LL lY The selection of a Consultant for Cell Tower Leases for the City will be based on the Proposer's qualifications as presented in its proposal, overall price and cost to the City, the experience and success of the proposer in providing Cell Tower Lease Revenue ° Streams to similar clients, and the firm's ability to provide the services outlined in the RFP. An evaluation committee will review the proposals. The proposals will be Q evaluated and ranked in accordance with the evaluation criteria described in SECTION IV. GENERAL EVALUATION CRITERA. Discussions may be conducted with the most qualified bidders for the purpose of clarification to assure full understanding of, and conformance to, the solicitation requirements. Revisions may be permitted after submissions, and prior to award, for the y purpose of obtaining best and final offers. The committee will rank the semi-finalists and v will be responsible for negotiating a firm contract price with the highest ranked respondent. If no agreement can be reached, negotiations may begin with the next LL ranked respondent. d v J V. Scope of Services 3 0 The City is the owner and proprietary lessor of certain lands upon which cellular towers have been constructed. The City has entered into leases with various cellular telephone service provider for the construction and maintenance of these towers and the 0 placement of cellular antennas at these sites. The City receives monthly revenue from z leases on each site. The City is interested in raising capital by selling off and assigning ° its interests in these existing leases with the cellular telephone service providers to an independent third party. 0 d E L 11 N Q PacketPg. 1020 7.G.b The City desires to retain a qualified firm with the requisite experience and capabilities N to assist with this endeavor. The chosen vendor shall be responsible for assisting the d City with its effort to collect and audit all necessary lease information in order to ensure completeness and accuracy. The vendor shall also be responsible for assisting with the ; preparation of the preparation of the necessary bid specifications for the actual 0 purchase and assignment of the City's cell tower lease revenue streams. Additionally, the vendor will be responsible for assisting the City with the evaluation and selection of the independent third party purchaser. The contract term with the vendor shall be for no ,° more than twelve (12) months. n `o w Proposals must be in writing and include the following: m 1. The name, address, contact information and brief resume and/or corporate information of the applicant/firm 0 0 2. General description of applicant/firm education, education, experience, a. qualifications, number of years of practice and description of experience with similar assignments as described above; N 3. Applicant/firm's ability to provide services in a timely fashion (including staffing, g familiarity, and location of staff); 3 6 4. At least three (3) references which have knowledge of your experience related to your work providing consultation services for public entities or private landlords seeking to assign revenue streams from cell tower leases. 5. Cost proposal and time estimates for project completion 0 y 6. Any other factors demonstrated to be in the best interest of the City. a LL K N d N m d v 0 0 m U 0 c N C O U G d t 12 m Q PacketPg. 1021 7.G.b N d N N d J d 3 O h- d U w INSERT SAMPLE SERVICE AGREEMENT `o c d N C O U 0 a LL Q' d J N O N d P d C a0 N m C O .N d n. LL YI d d A d J d 3 0 m U `o c d m c 0 U c d E z 13 m Packet Pg. 1022 N d N 10 d J d 3 0 m U O d m fn 0 C m SECTION III. N C ADDITIONAL FORMS `o a LL d N _N O Vi d D' d lr OD b c0 C O .y d a LL N d N A d J d 3 0 m U 0 c m N C 0 U c m E L 14 m Packet Pg. 1023 7.G.b Are there any other additional or incidental costs that will be required by your firm in w ,. order to meet the requirements of the Proposal Specifications? Yes / No (circle one). If you answered "Yes", please provide detail of said additional costs: d 3 0 a v 0 Please indicate any elements of the Proposal Specifications that cannot be met by A your firm. N `o c m Have you included in your proposal all informational items and forms as requested? Yes / No . (circle one). If you answered "No", please explain: 0 0 a LL d Ul This offer shall remain firm for 120 days from RFP close date. 0 Terms and conditions as set forth in this RFP apply to this proposal. o- v Cash discount allowable % days; unless otherwise stated, payment terms are: Net thirty(30) days. In signing this proposal, Offeror(s) warrants that all certifications and documents _ requested herein are attached and properly completed and signed. o A From time to time, the City may issue one or more addenda to this RFP. Below, please indicate all Addenda to this RFP received by your firm, and the date said Addenda was/were received. N Verification of Addenda Received v J Addenda No: Received on: Addenda No: Received on: o Addenda No: Received on: ~ d U O FIRM NAME: c R ADDRESS: 0 V c m E r 15 m Packet Pg. 1024 Phone: m v Email: J d 3 0 Fax: � m Authorized Signature: o v Print Name: w `o Title: c m Ul C IF SUBMITTING A "NO PROPOSAL", PLEASE STATE REASON (S) BELOW: 0 IL Ir LL LL' d YI tll O N d 5 d CO C O .y d a LL N d Ul N d J d 3 O H d U O G N N C O U c w E L 16 m PacketPg. 7025 7.G.b NON-COLLUSION AFFIDAVIT N v J TO: THE COMMON COUNCIL, CITY OF SAN BERNARDINO d 3 0 In accordance with Title 23, United States Code, Section 112, the undersigned hereby states, under penalty of perjury: 0 That he/she has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken action in restraint of free competitive N bidding in connection with RFP F-12-99. w c m Business Name c U Business Address 0 o. LL Signature of bidder X W d _N O Place of Residence v a• d Subscribed and sworn before me this day of 20. Notary Public in and for the County of State of California. o .y My commission expires 20 Ix IL LL VI d Ul N d J d 3 O H d U `o w c m Ul C O U c d E z 17 m a packet pg ,1026 7.G.b SUBCONTRACTOR'S LIST d N d As required by California State Law, the General Contractor bidding will hereinafter state the subcontractor who will be the subcontractor on the job for each particular 3 trade or subdivision of the work in an amount in excess of one-half of one percent of the General Contractor's total bid and will state the firm name and principal location of the mill, shop, or office of each. If a General Contractor fails to specify a subcontractor, or if he specifies more than one subcontractor for the same portion of d work to be performed under the contract in excess of one-half of one percent, he y agrees that he is fully qualified to perform that portion himself and that he shall w perform that portion himself. R N C DIVISION OF NAME OF FIRM OR LOCATION WORK OR CONTRACTOR CITY o TRADE a LL d J N _N O N d 3 Q d W W C O N Print Name Signature of Bidder a LL Company Name: v Address: d 3 0 REJECTION OF BIDS `o The undersigned agrees that the City of San Bernardino reserves the right to reject any or all bids, and reserves the right to waive informalities in a bid or bids not affected by law, if to do seems to best serve the public interest. 0 U c d E r 18 m a PacketPg. 102� Vdi d J d 3 0 v U O d SECTION IV. N 0 GENERAL EVALUATION CRITERIA c d N G O U 0 a LL LL' d N Vl O N d J Q d W G O .y d a LL N d N N d J d 3 0 v U `o c d d C O U c d E L 19 m PacketPg. 1028 7.G.bi. IV. GENERAL EVALUATION CRITERIA d N d d A. EVALUATION CRITERIA d 3 1. Capabilities of Firm to Effectively Complete the Project Requirements - 0 30% d U Depth of Offeror(s) understanding of, and ability to manage City's ,° requirements; ability to meet task deadlines; utility of suggested cn enhancements or technical innovations. 5 c 2. Qualifications of Firm/Related Experience - 35% ° N C Experience in providing services similar to those requested herein; experience working with public agencies; strength and stability of the firm; o strength, stability, experience and technical competence of subcontractors; a assessment by client references; qualifications of project staff; key personnel's level of involvement in performing related work; logic of project organization; adequacy of labor commitment. H 0 3. Reasonableness of Cost and Price - 25% d Reasonableness of the individual firm-fixed prices and competitiveness of quoted prices with other proposals received; adequacy of the data in support of figures quoted; basis on which prices are quoted. 4. Completeness of Response - 5%, 0 Completeness of response in accordance with RFQ instructions; exceptions to or deviations from the RFQ requirements which the Offeror(s) cannot or E, will not accommodate; other relevant factors not considered elsewhere. LL 5. Local Vendor Preference - 5% y d d As approved in Executive Order 2003-01--Offeror(s)'s which possess a fixed office or distribution point with at least one owner or employee located within the City of San Bernardino, and possessing all valid and current permits, and 0 licenses required to transact such business, including, but not limited to a City Business Registration Certificate shall receive a five percent (5%) o preference. [Unless contrary to Federal, State or Local Law (such as contracts for the construction of public works projects), or unless contrary to S2 the requirements mandated by the funding source for such contractual w services (such as the Federal Government or other source which requires o award to the lowest responsible Offeror(s.) u c d E r 20 a Packet E{[:`.'I029 B. EVALUATION PROCEDURE m N d d All proposals received as specified will be evaluated by City staff in accordance � with the above criteria. Additional sub-criteria beyond those listed may be 3 considered by the evaluators in applying the major criteria to the proposals. During the evaluation period, the City may require an on-site visit and/or tour d of the Offeror(s)'s place of business. OFFEROR(S) should be aware, however, that award may be made without vendor visits, interviews, or m further discussions. w `o C. AWARD c d Depending on the dollar amounts of the offers received, City staff will either select the vendor best meeting the above-specified criteria or submit to City 0 Council, for consideration and selection, the offer(s)judged by staff to be the ` most competitive. a o LL The City reserves the right to withdraw this RFQ at any time without prior notice and, furthermore, makes no representations that any contract(s) will H be awarded to any OFFEROR(S) responding to this RFQ. The City expressly g reserves the right to postpone proposal opening for its own convenience, to H waive any informality or irregularity in the proposals received, and to reject v any and all proposals responding to this RFQ without indicating any reasons for such rejection. The City also reserves the right to award its total requirement amonq two or more OFFEROR(S) as City staff may deem to be in its best Interests. In addition, negotiations may or may not be conducted with s OFFEROR(S); therefore, the proposal submitted should contain the . OFFEROR(S) most favorable terms and conditions, since the selection and It award may be made without discussion with any Offeror(s). a D. TIE PROPOSALS m N N d If the final evaluation scores (after applying the local preference allowance) result in a tie score, then the recommendation for award will be given to the c local vendor. 0 m E. NOTIFICATION OF AWARD OFFEROR(S) who submits a proposal in response to this RFQ shall be w notified regarding the firm(s) who was awarded the agreement. Such notification shall be made within a reasonable time after the date the agreement is awarded. o v c d E r 21 ,0, Q Packet Pg. 7030 N d N J d 3 - O F d U O d N N SECTION V. `o GENERAL SPECIFICATIONS N c 0 U O W IL LL d N N O N d d W CO C O .y d a LL N d N N d J d 3 O F d U O C d N C O U c d E r 0 m Q 22 Packet Pg. 1031 7,G.b V. GENERAL SPECIFICATIONS N 1. Each proposal shall be in accordance with Request for Proposal (RFP) Number RFP F- 12-99. All specifications are minimum. Offeror(s)are expected to meet or exceed these 3 specifications as written. Offeror(s)shall attach to their proposal a complete detailed F itemization and explanation for each and every deviation or variation from the RFP — specifications and requirements. Conditional Proposals, or those that take exception to the RFP specifications and requirements, may be considered non-responsive and may be o rejected. 2. The City reserves the right to accept or reject any and all Proposals and to award a contract N to the Offeror(s)whom best meets the City's requirements. This may include waiver of o minor irregularities or discrepancies, or nonconformity to specifications in appropriate circumstances. Purchase shall be on a best buy basis after due consideration of all relevant 9 factors, including but not limited to, workmanship, accessibility of parts and service, known 'm evidence of manufacturer's responsibility and record, durability and known operational to record of product and suitability as well as conformity to City needs and requirements. In all cases the best interest of the City shall prevail in all contract awards. 3. The City of San Bernardino reserves the right to purchase more or less than the quantities LL specified at unit prices proposal. W v 4. Proposals shall be firm offers, subject to acceptance or rejection within 120 days minimum y of the opening thereof. s. Regular dealer. No Offerors) shall be acceptable who is not a reputable manufacturer or ° dealer of such items as submitted for proposal consideration. d s. All materials, workmanship and finish entering into the construction of the equipment must s be of the best of these respective kinds and must conform to the character of the equipment and the service for which it is intended to be used and shall be produced by use of the current manufacturing processes. "Seconds", factory rejects, and substandard goods are not acceptable. 7. Each Offeror(s) shall submit with their proposal a copy of the proposed product specifications, complete detailed drawings, and other descriptive matter in sufficient detail to 0 clearly describe the equipment, materials and parts offered. N 8. Manufacturer and/or Contractor shall defend any and all suits and assume all liability for any m and all claims made against the City of San Bernardino or any of its officials or agents for the use of any patented process, device or article forming a part of equipment or any item LL furnished under the contract. 9. Each Offeror(s) must state in their proposal the guaranteed delivery date of product and/or N services in number of calendar days from the date of contract execution by the City of San d Bernardino, time is of the essence relative to this contract. Contractor shall prosecute the J work continuously and diligently and shall deliver the items at the earliest possible date ; following the award of the contract. 0 10. Each Offerors)shall list in their proposal all factory, manufacturer's and/or dealer's warranty d and/or guarantee coverage and shall submit such written documents evidencing the same U attached to the proposal. 11. Successful Offeror(s)(Contractor)shall furnish and deliver to the City complete equipment as proposed and awarded, ready for installation and fully equipped as detailed in these specifications. 12. Price shall be quoted F.O.B. San Bernardino(all transportation charges shall be fully 0 U prepaid), and shall include all discounts. Proposal shall include California sales tax, where applicable, (effective July 1, 2011) computed at the rate of 8%, this will normally be shown v as a separate line item on the price form. z U W Q 23 Packet Pg. 1032 7.G.b 13. City shall make payment within thirty(30)days after the complete delivery and acceptance m of the specified items by the City of San Bernardino and receipt of the Contractor's priced v invoice. 14. All "standard equipment' is included in any proposal. OFFEROR(S)furnishing Proposals d under these specifications shall supply all items advertised as"standard"equipment even if 0 such items are not stipulated in the specifications, unless otherwise clearly excepted in the — proposal. U 15. The items which the Offeror(s) proposes to furnish the City must comply in all respects with o the appropriate safety regulations of all regulatory commissions of the Federal Government v and the State of California, whether such safety features and/or items have been specifically rn outlined in these specifications or not. w 16. Contractor delivering equipment pursuant to these RFP specifications shall guarantee that c equipment meets specifications as set forth herein. If it is found that equipment delivered does not meet requirements of these specifications the Contractor shall be required to correct the same at their own expense. 0 17. By submitting a proposal, each Offeror(s)agrees that in the event complete delivery is not made within the time or times set forth pursuant to this specification, damage will be w sustained by the City, and that it is, and will be impractical and extremely difficult to, LL ascertain the actual damage which the City will sustain in the event of and by reason of such v delay. 1e. In case the delivery of the items under this contract is delayed due to strikes, injunctions, " government controls, or by reason of any cause or circumstance beyond the control of the ° Contractor, the time for delivery may be extended (in the City's sole discretion) by a number of days to be determined in each instance by mutual written agreement between the Q Contractor and the Purchasing Division of the City of San Bernardino. The City shall not unreasonably refuse such extension. 19. Contract. Each proposal shall be submitted and received with the understanding that acceptance by the City of San Bernardino of proposal in response to this solicitation shall constitute a contract between the Contractor and the City. This shall bind the Contractor to furnish and deliver at the prices proposed and in complete accordance with all provisions of o RFP F-12-99. In most cases the basis of award will be the City's standard purchase order that may or may not incorporate this solicitation by reference. 29. Prohibited interest. No member, officer, or employee of the City or of any agency of the City during his tenure or for one year thereafter shall have any interest, direct or indirect in this LL contract or the proceeds thereof. Furthermore, the parties hereto covenant and agree that to N their knowledge no board member, officer or employee of the City has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of J the contracting party other than the City, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information 3 will be made in writing to the other party or parties, even if such interest would not be F0 considered a conflict of interest under Article 4(commencing with Section 1090) or Article 4.6 m (commencing with Section 1120)of Division 4 of Title I of the Government Code of the State L) of California. w 21. One Document. These specifications, the Request for Proposal, RFP F-12-99, the m Contractor's proposal, any written agreement executed by the parties, the purchase order 2 and all documents referred to in the complete specifications and purchase order, and all written modifications of said documents shall be construed together as one document. o Anything called for in any one of said documents shall be deemed to be required equally as if called for in all. Anything necessary to complete the work properly shall be performed by v the contractor, whether specifically set out in the contract or not. All sections of the s u 24 Packet Pg. 1033 7:G.b specifications shall be read as constituting a whole and not as an aggregation of individual m parts, and whatever is specified in one section shall be construed as applying to all sections. 22. The City of San Bernardino reserves the right to accept or reject any and all Proposals. 23. Prompt payment. Each Offeror(s) may stipulate in their proposal a percentage prompt 3 payment discount to be taken by the City in the event the City makes payment to the ° Contractor within ten (10)working days of receipt of material and approval of invoice. For _ the purpose of this provision, payment is deemed to be made on the date of mailing of the City check. NOTE: prompt payment discounts will only be used during proposal o evaluation in the case of ties. d 24. Inquiries. Technical questions may be sent via fax to 909-384-5043, or email: morrow_de @sbcity.org. The answers to material questions will be provided in writing by w Addendum(s)to all potential Offeror(s) by a posting to the City's website. 29. Proposal/Fee Schedules. No proposal will be acceptable unless fees/prices are submitted B on the pricing forms furnished by the contractor herein, and all required forms are completed and included with proposal. Deliver all Proposals, SIGNED and SEALED, to the Finance o Department at 300 North "D" Street, 4'h Floor, City Hall, San Bernardino, California 92418. CLEARLY MARK THE RFP SPECIFICATION TITLE: Consultant Cell Tower Lease and RFP F-12-99 ON THE OUTSIDE OF THE ENVELOPE. aa. 26. Time. All Proposals must be received in the Purchasing Division no later than 3:00 PM, a PST, July 31, 2012, where at such time and said place Proposals will be publicly opened, examined and declared.Any proposal may be withdrawn by Offerors) prior to the above —^ scheduled time for the opening of Proposals. Any proposal received after that time and date ° specified shall NOT be considered. 27. The City of San Bernardino reserves the right at its own discretion to award separate Q contracts for each category, or to award multiple contracts, or to award one contract for furnishing and delivering of all equipment and/or services in all categories. 28. Equipment. In the purchase of equipment, Contractor shall be required to furnish one(1) OPERATORS MANUAL and one(1) PARTS MANUAL for all equipment proposals. 29. In submitting a proposal to a public purchasing body, the Offerors)offers and agrees that if the proposal is accepted, it will assign to the purchasing body all rights, title, and interest in o and to all causes of action it may have under Section 4 of the Clayton Act(U.S.C. Sec 15)or N under the Cartwright Act(Chapter 2, commencing with Section 16700 of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or it services by the Offerors)for sale to the purchasing body pursuant to the proposal. Such a. assignment shall be made and become effective at the time the purchasing body tenders Ix final payment to the Offeror(s). 30. Contractor shall indemnify, defend and hold City, its officers, employees and agents J harmless from any claim, demand, liability, suit,judgment or expense (including, without limitation, reasonable costs of defense)arising out of or related to Contractor's performance ; of this agreement, except that such duty to indemnify, defend and hold harmless shall not 0 apply where injury to person or property is caused by City's willful misconduct or sole w negligence. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the City shall be considered as "attorney's fees"for w the purposes of this paragraph. Y 31. While not restricting or limiting the foregoing, during the term of this Agreement, Contractor shall maintain in effect policies of comprehensive public, general, and automobile liability insurance, in the amount of$1,000,000 combined single limit, and statutory worker's o compensation coverage, and shall file copies of said policies with the City's Risk Division prior to undertaking any work under this Agreement. The policies shall name the City as an d additional insured and shall provide for ten-(10)day notification to the City if said policies r are terminated or materially altered. a 25 Packet Pg. 1034 7.G.b 32. Written contract documents, duly authorized and signed by the appropriate authority, constitute the complete and entire agreement(s)that may result from the RFP. 33. The term of the agreement is for one (1) year. J 34. By submitting a proposal, Offeror(s)warrants that any and all licenses and/or certifications 3 required by law, statute, code or ordinance in performing under the scope and specifications of this RFP are currently held by Offeror(s), and are valid and in full force and effect. Copies or legitimate proof of such licensure and/or certification shall be included in Offeror(s)'s response. Proposals lacking copies and/or proof of said licenses and/or certifications o may be deemed non-responsive and may be rejected. 2 35. Once the award has been made and prior to the commencement of the job, the City's cn Municipal Code(M.C. 5.04.005) requires that a Business doing business with the City, w obtain and maintain a valid City Business Registration Certificate during the tens of the 1� Agreement. 2 36. Vendor(Contractor)/Consultant services agreement(s) (VSA/CSA). A signed vendor/Consultant service agreement may be required between both parties prior to 0 commencement of the job. 0 a LL d J N N O Ul N J O' d aD W C O y d o. LL N U N N d J d 3 0 r m U 0 C J N C O U c m E U U A Q 26 Packet Pg. 1035