HomeMy WebLinkAbout2012-114 1 RESOLUTION NO.2012-114
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 AND/OR THE EXPANSION OF CITY
CELL TOWER SITES.
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NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
6 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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8 SECTION 1. The Mayor and Common Council of the City of San Bernardino
9 hereby authorizes and directs the City Manager to issue, on behalf of said City, a Request for
10 Proposal for a Consultant to explore the sale and/or the expansion of City cell tower sites, a
11 copy of which is attached hereto marked Exhibit A and incorporated herein by reference.
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2012-114
1 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 AND/OR THE EXPANSION OF CITY
3 CELL TOWER SITES.
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5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a joint regular meeting
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thereof, held on the 18th day of June 2012,by the following vote,to wit:
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9 Council Members: AYES NAYS ABSTAIN ABSENT
10 MARQUEZ x
11 JENKINS x
12 x
VALDIVIA
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14 SHORETT x
15 KELLEY x
16 JOHNSON x
17 MCCAMMACK x
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20 GeorgdaAn Hanna,ttity Clerk
21 The foregoing resolution is hereby approved this day of June '2012.
22 TT
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P ric J. Morris, Mayor
24 City San BemardinY
25 Approved as to form:
JAMES F. PENMAN,
26 City Attorney
27 By:
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#BerHar
June 19, 2012
SUBJECT: REQUEST FOR PROPOSALS (RFP) F-12-99
The City of San Bernardino (City) invites Proposals from qualified vendors for:
Consultant for Sale of Cell Tower Leases
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.sbcity.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
facsimile number of contact person, specify RFP F-12-99.
Copies of the RFP may also be obtained by calling Deborah Morrow (909) 384-5122 x3604, Deborah
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.
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 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
elimination from the bid process.
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. 0 Floor-
Finance Department, San Bernardino, California 92418. This meeting is to serve as a pre-bid review
for prospective bidders.
All prospective bidders should consider attending the entire Pre-Bid Conference/Job Walk to understand
the scope for this proposal.
Closing Date: Proposals must be submitted at or before 3:00 PM, PST, July 31, 2012, at the address
listed above.
Issuance of this RFP and/or receipt of Proposals does not commit the City to award a contract.
Sincerely,
Deborah R. Morrow, C.P.M.
Purchasing Manager
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SECTION I.
INSTRUCTIONS TO OFFEROR(S)
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City of San Bernardino, Finance Department
Purchasing Division
RFP F-12-99
Consultant for Cell Tower Leases
Bid Documents to Be Returned
❑ Resume / Corporate Information
❑ Education/Experience/Qualifications
❑ Three (3) References
❑ Cost Proposal and Time Estimates
❑ Affidavit of Non-Collusion
❑ Authorized Binding Signature(s)
❑ Verifications of Addenda Received (City Form) IV Forms
❑ Listing of Proposed Subcontractor, if applicable (City Form) IV Forms
❑ 120 Day Minimum Proposal Validity Statement III Additional Requirements,VI General specifications#4
❑ Insurance Certificates
❑ Copy of Contractor License or other appropriate Licenses where applicable VI General
specifications#3s
Offeror(s) are requested to submit this checklist completed with all bid documents. This list may not be
inclusive of all documents needed to submit your RFP. Please refer to
entire packet for additional documents.
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I. GENERAL INSTRUCTIONS TO OFFEROR(S)
A. Notice
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
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 elimination from the bid process.
B. Non-Mandatory Pre-Proposal Conference
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. 4th Floor-Finance Department, San
Bernardino, California 92418. This meeting is to serve as a pre-bid review for
prospective bidders.
C. Examination of Proposal Documents
1. By submitting a proposal, the Offeror(s) represents that it has thoroughly
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,
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.
D. Addenda
Any City changes to the requirements will be made by written addendum to this
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.
For automatic electronic notifications, please visit our website and sign-up for SB
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Connect at: www.sbcity.org > City Services > Request for Bids > City Finance.
E. Clarifications
1. Examination of Documents
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
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
persons who have requested the RFP.
2. Submitting Requests
a. All questions, clarifications or comments shall be put in writing and
must be received by the City no later than 3:00 PM, July 31. 2012
and be addressed as follows:
City of San Bernardino
300 North "D" Street
4th floor, Attn: Deborah R. Morrow
San Bernardino, CA 92418
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.
The City will also accept questions sent by facsimile machines or
email, however, all faxed or emailed questions must be received by
the City no later than 3:00 PM, PST, July 31, 2012. Send facsimile
transmissions to (909) 384-5043, attention Deborah R. Morrow, and
emails to: morrow_de @sbcity.org.
C. Inquiries received after 3:00 PM July 31, 2012 will not be accepted.
3. City Responses
Responses from the City will be communicated in writing to all recipients
of this RFP, by a posting to our website, www.sbcity.org by the close of
business July 19, 2012.
For automatic electronic notifications, please visit our Homepage and
register for SB Connect. If you are not registered for SB Connect, you may
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view or download the Addendum at www.sbcity.org > City Services >
Request for Bids > City Finance.
F. Submission of Proposals
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,
will be rejected by the City as non-responsive.
2. Address
Proposals shall be addressed as follows:
City of San Bernardino
300 North D Street
Finance Department-4t" Floor
Attn: Deborah Morrow
San Bernardino, CA 92418
Proposals may be delivered in person to the Finance Department, 4th
floor of the above address.
3. Identification of Proposals
Offeror(s) shall submit a SEALED proposal package consisting of:
(a) One (1) signed original of Proposal
(b) Two (2) copies of Proposal
The proposal package shall be addressed as shown above, bearing the
Offeror(s) name and address and clearly marked on the outside of the
envelop as follows:
RFP F-12-99
Consultant for Cell Tower Leases
4. Acceptance of Proposals
a. The City reserves the right to accept or reject any and all
Proposals, or any item or part thereof, or to waive any informalities
or irregularities in proposals.
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b. The City reserves the right to withdraw this RFP at any time without
prior notice and the City makes no representations that any
contract will be awarded to any Offeror(s) responding to this RFP.
C. The City reserves the right to postpone proposal opening for its
own convenience.
d. Faxed or emailed proposals will not be accepted.
G. Pre-Contractual Expenses
Pre-contractual expenses are defined as expenses incurred by the Offeror(s) in:
1. preparing its proposal in response to this RFP;
2. submitting that proposal to City;
3. negotiating with City any matter related to this proposal; or
4. any other expenses incurred by the Offeror(s) prior to date of award, if
any, of the Agreement.
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.
H. Contract Award
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
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).
A signed Vendor (Contractor) / Consultant Service Agreement (VSA/CSA), along
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.
1. Acceptance of Order
The successful Offeror(s) will be required to accept a Purchase Order in
accordance with and including as a part thereof the published Request for
Proposals, and the RFP documents including all requirements, conditions and
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specifications contained therein, with no exceptions other than those specifically
listed in the written purchase order.
J. Business License
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.
K. Local Vendor Preference
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
installation is incidental; and a five percent (5%) credit on Contractual services, for
comparison purposes with other bidders, as authorized in the San Bernardino
Municipal Code Section 3.04.125, and Executive Order 2003-1, respectively.
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
Bernardino.
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SECTION II.
STATEMENT OF WORK
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I. Background
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
northeast of metropolitan San Diego, and 55 miles northwest of Palm Springs. The City
of San Bernardino is a Charter City and is governed under the Mayor/Council/City
Manager form of government. The City is a full-service city, including fire, police, library,
community services (encompassing parks and recreation, engineering, streets, solid
waste management, fleet, property management, and maintenance), water and
wastewater utilities, planning, building, economic development and administrative
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.
More information about the City can be found on our website at www.sbcitv.oM.
IL Schedule of Events
The City intends to follow the schedule described below during the proposal process for
Consultant for Cell Tower Lease Revenue Stream, but reserves the right to alter the
schedule at any time for any reason.
EVENT DATE
Request for Proposal Released July 3, 2012
Deadline for Receipt of Written Inquiries July 25, 2012
Addendum Issued to Bidders August 2, 2012;if necessary
Proposal Due Date August 14, 2012
Finalist Interviews Early to Mid TBD
Selection and Notification — Mid to late TBD
New contract begins Immediately upon Council
Approval and Execution of
Agreement
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III. Contract Period and Compensation
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
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
published prices, whichever is lower. The City may cancel the contract if a requested
price increase is not acceptable. All other conditions set forth in the City's standard
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.
IV. Selection Process
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
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
purpose of obtaining best and final offers. The committee will rank the-semi-finalists and
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
ranked respondent.
V. Scope of Services
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 providers for the construction and maintenance of these towers and the
placement of cellular antennas at these sites. The City receives monthly revenue from
leases on each site. The City is interested in raising capital by selling off or expanding
the cell tower sites and assigning its interests in these existing leases with the cellular
telephone service providers to an independent third party.
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The City desires to retain a qualified firm with the requisite experience and capabilities
to assist with this endeavor. The chosen vendor shall be responsible for assisting the
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
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.
Proposals must be in writing and include the following:
1. The name, address, contact information and brief resume and/or corporate
information of the applicant/firm
2. General description of applicant/firm education, education, experience,
qualifications, number of years of practice and description of experience with
similar assignments as described above;
3. Applicant/firm's ability to provide services in a timely fashion (including staffing,
familiarity, and location of staff);
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
6. Any other factors demonstrated to be in the best interest of the City.
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INSERT
SAMPLE SERVICE AGREEMENT
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SECTION III.
ADDITIONAL FORMS
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Are there any other additional or incidental costs that will be required by your firm in
order to meet the requirements of the Proposal Specifications? Yes / No
(circle one). If you answered "Yes", please provide detail of said additional costs:
Please indicate any elements of the Proposal Specifications that cannot be met by
your firm.
Have you included in your proposal all informational items and forms as requested?
Yes / No . (circle one). If you answered "No", please explain:
This offer shall remain firm for 120 days from RFP close date.
Terms and conditions as set forth in this RFP apply to this proposal.
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.
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.
Verification of Addenda Received
Addenda No: Received on:
Addenda No: Received on:
Addenda No: Received on:
FIRM NAME:
ADDRESS:
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Phone:
Email
Fax:
Authorized Signature:
Print Name:
Title:
IF SUBMITTING A "NO PROPOSAL", PLEASE STATE REASON (S) BELOW:
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NON-COLLUSION AFFIDAVIT
TO: THE COMMON COUNCIL, CITY OF SAN BERNARDINO
In accordance with Title 23, United States Code, Section 112, the undersigned hereby
states, under penalty of perjury:
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
bidding in connection with RFP F-12-99.
Business Name
Business Address
Signature of bidder X
Place of Residence
Subscribed and sworn before me this day of , 20_
Notary Public in and for the County of , State of California.
My commission expires 20
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SUBCONTRACTOR'S LIST
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
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
work to be performed under the contract in excess of one-half of one percent, he
agrees that he is fully qualified to perform that portion himself and that he shall
perform that portion himself.
DIVISION OF NAME OF FIRM OR LOCATION
WORK OR CONTRACTOR CITY
TRADE
Print Name Signature of Bidder
Company Name:
Address:
REJECTION OF BIDS
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.
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SECTION IV.
GENERAL EVALUATION CRITERIA
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IV. GENERAL EVALUATION CRITERIA
A. EVALUATION CRITERIA
1. Capabilities of Firm to Effectively Complete the Project Requirements -
30%
Depth of Offeror(s) understanding of, and ability to manage City's
requirements; ability to meet task deadlines; utility of suggested
enhancements or technical innovations.
2. Qualifications of Finn/Related Experience - 35%
Experience in providing services similar to those requested herein;
experience working with public agencies; strength and stability of the firm;
strength, stability, experience and technical competence of subcontractors;
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.
3. Reasonableness of Cost and Price - 25%
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%
Completeness of response in accordance with RFQ instructions; exceptions
to or deviations from the RFQ requirements which the Offeror(s) cannot or
will not accommodate; other relevant factors not considered elsewhere.
5. Local Vendor Preference - 5%
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
licenses required to transact such business, including, but not limited to a
City Business Registration Certificate shall receive a five percent (5%)
preference. [Unless contrary to Federal, State or Local Law (such as
contracts for the construction of public works projects), or unless contrary to
the requirements mandated by the funding source for such contractual
services (such as the Federal Government or other source which requires
award to the lowest responsible Offeror(s.)
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B. EVALUATION PROCEDURE
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
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
of the Offeror(s)'s place of business. OFFEROR(S) should be aware,
however, that award may be made without vendor visits, interviews, or
further discussions.
C. AWARD
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
Council, for consideration and selection, the offer(s) judged by staff to be the
most competitive.
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
be awarded to any OFFEROR(S) responding to this RFQ. The City expressly
reserves the right to postpone proposal opening for its own convenience, to
waive any informality or irregularity in the proposals received, and to reject
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 among
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
OFFEROR(S); therefore, the proposal submitted should contain the
OFFEROR(S) most favorable terms and conditions, since the selection and
award may be made without discussion with any Offeror(s).
D. TIE PROPOSALS
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
local vendor.
E. NOTIFICATION OF AWARD
OFFEROR(S) who submits a proposal in response to this RFQ shall be
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.
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SECTION V.
GENERAL SPECIFICATIONS
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V. GENERAL SPECIFICATIONS
i. 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
specifications as written. Offeror(s) shall attach to their proposal a complete detailed
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
rejected.
2. The City reserves the right to accept or reject any and all Proposals and to award a contract
to the Offeror(s)whom best meets the City's requirements. This may include waiver of
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
factors, including but not limited to, workmanship, accessibility of parts and service, known
evidence of manufacturer's responsibility and record, durability and known operational
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.
a. The City of San Bernardino reserves the right to purchase more or less than the quantities
specified at unit prices proposal.
a. Proposals shall be firm offers, subject to acceptance or rejection within 120 days minimum
of the opening thereof.
s. Regular dealer. No Offeror(s) shall be acceptable who is not a reputable manufacturer or
dealer of such items as submitted for proposal consideration.
s. All materials, workmanship and finish entering into the construction of the equipment must
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
clearly describe the equipment, materials and parts offered. ,
8. Manufacturer and/or Contractor shall defend any and all suits and assume all liability for any
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
furnished under the contract.
9. Each Offeror(s) must state in their proposal the guaranteed delivery date of product and/or
services in number of calendar days from the date of contract execution by the City of San
Bernardino, time is of the essence relative to this contract. Contractor shall prosecute the
work continuously and diligently and shall deliver the items at the earliest possible date
following the award of the contract.
to. Each Offeror(s) shall list in their proposal all factory, manufacturer's and/or dealer's warranty
and/or guarantee coverage and shall submit such written documents evidencing the same
attached to the proposal.
tt. 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
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
as a separate line item on the price form.
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13. City shall make payment within thirty (30) days after the complete delivery and acceptance
of the specified items by the City of San Bernardino and receipt of the Contractor's priced
invoice.
14. All "standard equipment" is included in any proposal. OFFEROR(S)furnishing Proposals
under these specifications shall supply all items advertised as "standard" equipment even if
such items are not stipulated in the specifications, unless otherwise clearly excepted in the
proposal.
15. The items which the Offerors) proposes to furnish the City must comply in all respects with
the appropriate safety regulations of all regulatory commissions of the Federal Government
and the State of California, whether such safety features and/or items have been specifically
outlined in these specifications or not.
16. Contractor delivering equipment pursuant to these RFP specifications shall guarantee that
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.
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
sustained by the City, and that it is, and will be impractical and extremely difficult to,
ascertain the actual damage which the City will sustain in the event of and by reason of such
delay.
16. 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
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
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.
20. 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
contract or the proceeds thereof. Furthermore, the parties hereto covenant and agree that to
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
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
will be made in writing to the other party or parties, even if such interest would not be
considered a conflict of interest under Article 4(commencing with Section 1090) or Article 4.6
(commencing with Section 1120) of Division 4 of Title I of the Government Code of the State
of California.
21. One Document. These specifications, the Request for Proposal, RFP F-12-99, the
Contractor's proposal, any written agreement executed by the parties, the purchase order
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.
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
the contractor, whether specifically set out in the contract or not. All sections of the
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specifications shall be read as constituting a whole and not as an aggregation of individual
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
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
evaluation in the case of ties.
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
Addendum(s) to all potential Offeror(s) by a posting to the City's website.
25. Proposal/Fee Schedules. No proposal will be acceptable unless fees/prices are submitted
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
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.
26. Time. All Proposals must be received in the Purchasing Division no later than 3:00 PM,
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 Offeror(s) 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
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 Offeror(s) offers and agrees that if
the proposal is accepted, it will assign to the purchasing body all rights, title, and interest in
and to all causes of action it may have under Section 4 of the Clayton Act (U.S.C. Sec 15) or
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
services by the Offeror(s) for sale to the purchasing body pursuant to the proposal. Such
assignment shall be made and become effective at the time the purchasing body tenders
final payment to the Offeror(s).
30. Contractor shall indemnify, defend and hold City, its officers, employees and agents
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
apply where injury to person or property is caused by City's willful misconduct or sole
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
the purposes of this paragraph.
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
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
additional insured and shall provide for ten- (10) day notification to the City if said policies
are terminated or materially altered.
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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.
34. By submitting a proposal, Offeror(s) warrants that any and all licenses and/or certifications
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
may be deemed non-responsive and may be rejected.
35. Once the award has been made and prior to the commencement of the job, the City's
Municipal Code (M.C. 5.04.005) requires that a Business doing business with the City,
obtain and maintain a valid City Business Registration Certificate during the term of the
Agreement.
35. Vendor (Contractor)/Consultant services agreement(s) (VSA/CSA). A signed
vendor/Consultant service agreement may be required between both parties prior to
commencement of the job.
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