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HomeMy WebLinkAbout05.L- Public Works RESOLUTION (ID #2717) DOC ID: 2717 A CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Agreement/Contract From: Tony Frossard M/CC Meeting Date: 11/04/2013 Prepared by: Mark Raab, (909) 384-5140 Dept: Public Works Ward(s): 3,4,5,7 Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of an Agreement and Issuance of a Purchase Order to Fortel Traffic, Inc. for the Purchase of Solar-Powered Speed Feedback Signs (TC 08-003) Per Request for Bid (RFB 12997). (#2717) Current Business Registration Certificate: Not Applicable Financial Impact: Account Budgeted Amount: 8,999.00 Account No. 263-160-5504-7773-0025 Account Description: Local Circulation Systems Fee Fund Balance as of. 4/22/13: $8,999.00 Balance after approval of this item: $139 Account Budgeted Amount: 86,400.00 Account No. 242-160-5504-7773-0025 Account Description: Street Construction Fund Balance as o£ 4/22/13: $86,400.00 Balance after approval of this item: $0 Please note this balance does not indicate available funding. It does not include non-encumbered reoccurring expenses or expenses incurred,but not yet processed. Motion: Adopt the Resolution. Synopsis of Previous Council Action: 04/02/07 Adopted Resolution No. 2007-103 authorizing the submittal of four project applications for FY 2007 Highway Safety Improvement Program (HSIP) funding. 04/22/13 The Mayor and Common Council approved Resolution No. 2013-76, adopting the City's Final Budget Document for Fiscal Years 2012/13 and 2013/14. Background: This project proposes to install solar-powered radar speed feedback signs at 10 high-accident locations throughout the City of San Bernardino as follows: Northpark Blvd. (both directions) near "F" Street; Sierra Way (Southbound Only) near Sepulveda Ave.; "E" Street (both directions) near 25th Street; San Bernardino Ave. (both directions) between Tippecanoe Ave. and Mt. View Ave.; Valencia Ave. (both directions) near 28th Street; and Little Mountain Drive (southbound only) near Marshall Blvd. Vicinity Maps showing the approximate locations have been included in the attachments. The identified locations were selected in cooperation with the Police Department Traffic Enforcement Division based upon frequency of collisions, speed enforcement issues and citation complaints. Updated: 10/31/2013 by Georgeann"Gigi"Hanna A Packet Pg.230' 2717 The project was approved for Federal Aid funding under the Highway Safety Improvement Program (HSIP) Cycle 1 on June 20, 2007. Under this program, project costs are eligible for 90 percent Federal reimbursement. Authorization to proceed with the Construction phase of the project was received from the California Department of Transportation (Caltrans) on June 14, 2013. The request for bid documents for this project were completed and the project was advertised for public bidding on August 6, 2013. The project was advertised locally in the San Bernardino County Sun Newspaper, F. W. Dodge, Construction Bid Board, High Desert Plan Room, San Diego Daily Transcript, Sub-Hub Online Plan Room, Reed Construction Data, Bid America Online, Construction Bid Source, Bid Ocean, the City's web sites, and was also posted with the San Bernardino Area Chamber of Commerce. Sealed bids were received and opened on September 10, 2013 and the results are tabulated below: Name of Bidder City Amount of Basic Bid DDL Traffic, Inc. Chino, CA $ 44,306.73 Monitor Systems Dallas, TX $ 46,000.00 PTM General Engineering Riverside, CA $ 83,430.00 Fortel Traffic, Inc. Anaheim, CA $ 95,260.00 Engineer's Estimate $ 96,140.00 Based on review of the sealed competitive bids received, staff has determined Fortel Traffic, Inc. of Anaheim to be the lowest responsive and responsible bidder. Each of the other bidders failed to meet the technical specifications provided in the Request for Bid. The other bidders were notified that their bids failed to comply with the required product specifications (see attached letters). Staff recommends an award to Fortel Traffic, Inc. in the amount of$95,260.00. Further, staff recommends that the Mayor and Common Council authorize the execution of an agreement and issuance of a purchase order in an amount not to exceed $95,260.00 for the purchase of solar-powered speed feedback signs per Request for Bid(RFB 12997). A review of the other lower bids revealed that the products identified in their bids failed to meet the features and capabilities specified in the bid documents. Selection of any of these vendors would result in inferior equipment that would not perform as required by the project specifications. Ninety percent of the cost of this Project is eligible for Federal Fund reimbursement under the Highway Safety Improvement Program (HSIP). If approved, this project is expected to begin in November, 2013 and be completed by February 1, 2014. City Attorney Review: 0 Supporting Documents: Updated: 10/31/2013 by Georgeann"Gigi"Hanna A "Paoket Pg.231 5. ` 2717 reso 2717 (PDF) agrmt 2717 (PDF) Attachment 1 - RFB 12997 (TC08-003)Fortel Traffic, Inc. (PDF) Vicinity Maps (PDF) Letters to Non-Responsive Bidders (PDF) Updated: 10/31/2013 by Georgeann"Gigi"Hanna A Packet Pg. 232 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT 3 AND ISSUANCE OF A PURCHASE ORDER TO FORTEL TRAFFIC, INC. FOR THE PURCHASE OF SOLAR-POWERED SPEED FEEDBACK SIGNS (TC 08-003), PER REQUEST FOR BID (RFB 12997). 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE y 6 CITY OF SAN BERNARDINO AS FOLLOWS: a� 7 SECTION 1. The Mayor and Common Council hereby finds that the bids of DDL 8 Traffic, Inc.; Monitor Systems; and PTM General Engineering all failed to comply with the 9 a m required technical product specifications provided in Request for Bid RFB 12997, and a 10 U) L 11 therefore rejects these bids as nonresponsive to RFB 12997. ° L 12 SECTION 2. Fortel Traffic, Inc., 5310 E. Hunter, Anaheim, CA 92807, was the o 13 lowest responsive and responsible bidder for Solar-Powered Speed Feedback Signs (TC 08- o L 14 003),pursuant to Request for Bid RFB 12997. 3 a 15 SECTION 3. The City Manager is hereby authorized and directed to execute an 16 17 Agreement with Fortel Traffic, Inc., a copy of which is attached hereto marked Exhibit "A" 14 0 18 and incorporated herein. d 19 SECTION 4. Pursuant to this determination, the Director of Administrative Services ti 20 or his designee is hereby authorized to issue a Purchase Order to Fortel Traffic, Inc., in the H d 21 L amount of$95,260.00 22 E 23 SECTION 5. The Purchase Order shall reference this Resolution and shall read, w a 24 "Fortel Traffic, Inc. for purchase of Solar-Powered Speed Feedback Signs (TC 08-003) per 25 Request for Bid (RFB 12997), not to exceed $95,260.00" and shall incorporate the terms and 26 conditions of this Resolution. 27 28 1 Packet Pg.233 l 1 SECTION 6. The authorization to execute the above-referenced Purchase Order and 2 Agreement is rescinded if not issued and signed within sixty (60) days of passage of this 3 Resolution. 4 5 6 8 9 10 co 0 11 R 12 O U 13 0 14 3 a 15 ti 16 N 17 0 .N 18 > 19 ti 20 0 21 22 E U 23 a 24 25 26 27 28 2 Raeket Pg.234 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 2 OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND ISSUANCE OF A PURCHASE ORDER TO FORTEL TRAFFIC, INC. FOR THE 3 PURCHASE OF SOLAR-POWERED SPEED FEEDBACK SIGNS (TC 08-003), PER 4 REQUEST FOR BID (RFB 12997). 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor N 6 and Common Council of the City of San Bernardino at a meeting as 7 thereof,held on the day of , 2013,by the following vote,to wit: 8 d d Council Members: AYES NAYS ABSTAIN ABSENT LL 9 10 MARQUEZ cn L O 11 JENKINS L 12 VALDIVIA o U 13 SHORETT 14 3 VACANT a 15 ti 16 JOHNSON N N 17 MCCAMMACK = 0 2 18 > d 19 Georgeann Hanna, City Clerk ti 20 0 The foregoing resolution is hereby approved this day of ,2013. d 21 22 E 23 Patrick J. Morris,Mayor w City of San Bernardino a 24 25 Approved as to form: JAMES F. PENMAN, 26 City Attorney 27 By: A2� 28 3 Packet.P9..235 Exhibit"A" PURCHASE AGREEMENT This Purchase Agreement is entered into this day of , by and between FORTEL TRAFFIC, INC. ("VENDOR"), and the City of San Bernardino ("CITY"or"San Bernardino"). WITNESSETH: y rn WHEREAS, the Mayor and Common Council has determined that it is advantageous Y and in the best interest of the CITY to contract for the purchase of SOLAR-POWERED SPEED FEEDBACK SIGNS; and U- WHEREAS, the CITY did solicit and accept bids from vendors for the purchase of SOLAR-POWERED SPEED FEEDBACK SIGNS; and, `0 WHEREAS, VENDOR is the lowest responsive and responsible bidder to provide said w materials and products to CITY; and w c 0 NOW, THEREFORE,the parties hereto agree as follows: 0 1. SCOPE OF PRODUCTS AND MATERIALS. R Q For the remuneration stipulated, CITY hereby purchases from VENDOR those products and materials as set forth in RFB 12997, a copy of which is attached and incorporated herein as N Attachment"1". C 2. COMPENSATION AND EXPENSES. 00 .N a. For the products and materials delineated above, the CITY, upon presentation of an invoice, shall pay the VENDOR up to the amount of$ 95,260.00, for the purchase of solar-powered speed feedback signs pursuant to RFB 12997. N E L b. No other expenditures made by VENDOR shall be reimbursed by CITY. 3. TERM; TERMINATION. a) U This purchase shall be completed within sixty(60) days. a This Agreement may be terminated at any time by thirty (30) days' written notice by either party. The term of this Agreement shall remain in force unless amended by a written instrument executed by all parties to this Agreement. Page 1 of 5 Packet Pg,236 Exhibit"A" 4. WARRANTY. VENDOR expressly warrants that all products and services supplied to CITY by VENDOR under this Agreement shall conform to the specifications, drawings or other description upon which this purchase is based, shall be fit and sufficient for the purpose intended, merchantable, of good material and workmanship, free from defects and free and clear of all liens or encumbrances. Inspection, testing, acceptance or use of the goods by the CITY shall not affect VENDOR's obligations under this warranty, and such warranty shall survive P inspection, testing, acceptance and use. VENDOR agrees to replace or correct promptly defects of any goods or services not conforming to the foregoing warranty without expense to the CITY, when notified of such non-conformity by CITY. If VENDOR fails to correct the defects or d replace non-conforming goods or services promptly, CITY may, after reasonable notice to VENDOR, make such corrections or effect cover, or cure, at VENDOR's expense. "Reasonable notice" for purposes of this section shall not be deemed to require more than 60 calendars days N notice before commencement of efforts by the CITY to effect cover or a cure except upon o written agreement of the Parties. L M 5. INDEMNITY. 0 v w VENDOR agrees to and shall indemnify and hold the CITY, its elected officials, �° employees, agents or representatives, free and harmless from all claims, actions, damages and 3 liabilities of any kind and nature arising from bodily injury, including death, or property damage, Q based or asserted upon any actual or alleged act or omission of VENDOR, its employees, agents, ti or subcontractors, relating to or in any way connected with the sale of products or materials to N the CITY under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the CITY, its elected officials, employees, agents or representatives. c As part of the foregoing indemnity, VENDOR agrees to protect and defend at its own expense, y including attorney's fees, the CITY, its elected officials, employees, agents or representatives > from any and all legal actions based upon such actual or alleged acts or omissions. VENDOR hereby waives any and all rights to any express or implied indemnity against the CITY, its elected officials, employees, agents or representatives, with respect to third party claims against N the VENDOR relating to or in any way connected with the sale of products or materials to the E CITY under this Agreement. M i c 6. NON-DISCRIMINATION. E s U In the performance of this Agreement and in the hiring and recruitment of employees, a VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or sexual orientation, or any other status protected by law. Page 2 of 5 Packet Pg.237 Exhibit"A" 7. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. VENDOR warrants that it possesses or shall obtain, and maintain a business registration certificate as required under Title 5 of the San Bernardino Municipal Code, and any other license, permit, qualification, insurance and approval of whatever nature that are legally required of VENDOR to practice its business or profession. 8. NOTICES. U) Y Any notices to be given pursuant to this Agreement shall be deposited with the United States Postal Service,postage prepaid and addressed as follows: a� TO THE CITY: Public Works Director 300 North"D" Street c. San Bernardino, CA 92418 `1- Telephone: (909) 384-5140 w L TO THE VENDOR: Fortel Traffic, Inc. o 5310 E. Hunter Ave. Anaheim, CA 92807 ° ® Telephone: (714) 701-9800 3 Q 9. ATTORNEYS' FEES. ti In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, c including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its .y rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. 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 "attorneys' fees" for the purposes of this paragraph. Attorneys' fees for the City Attorney and members of his office shall w be calculated based on the market rate for comparable services. E 10. ASSIGNMENT. c d E VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior Q written consent. Any attempted assignment, transfer, subletting or encumbrance without the CITY's prior written consent shall be void and shall constitute a breach of this Agreement and cause for the termination of this Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR from performing VENDOR's obligations under this Agreement. Page 3 of 5 Packet Pg.238 Exhibit"A" 11. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the State courts located in the County of San Bernardino, State of California or the U.S. District Court for the Central District of California, Riverside Division. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. rn 12. GOVERNING LAW. `) Y V R This Agreement shall be governed by the laws of the State of California. d U. 13. SUCCESSORS AND ASSIGNS. d c. Cn This Agreement shall be binding on and inure to the benefit of the parties to this o Agreement and their respective heirs,representatives, successors, and assigns. �a L 14. HEADINGS. o U w The subject headings of the sections of this Agreement are included for the purposes of .°a convenience only and shall not affect the construction or the interpretation of any of its 3 provisions. Q ti I 15. SEVERABILITY. N If any provision of this Agreement is determined by a court of competent jurisdiction to = be invalid or unenforceable for any reason, such determination shall not affect the validity or y enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. r ti N 16. ENTIRE AGREEMENT; MODIFICATION. E a) cc This Agreement constitutes the entire agreement and the understanding between the parties, and supersedes any prior agreements and understandings relating to the subject manner E of this Agreement. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. w a Page 4 of 5 Exhibit"A" PURCHASE AGREEMENT FORTEL TRAFFIC,INC. N IN WITNESS THEREOF, the parties hereto have executed this Agreement on the date rn set forth below. U' Y V c0 Dated: , 2013 FORTEL TRAFFIC, INC. a� U- By: CL Name/Title: N 0 r L b.. 0 Dated , 2013 CITY OF SAN BERNARDINO v 0 L 3 a By: Allen J. Parker, City Manager N Approved as to form: c James F. Penman, City Attorney By: / E c a� E s r Q Page 5 of 5 Packet Pg.240 5.L.c Attachment '"1" City of San Bernardino Public Works Department ACCT NO.242-160-5504-7773-0025 c 0 U) e U m U_ v a� a� a L dill ��1�I'lliil' �Ipl) SV (9 L w 0 U 4- O L REQUtST FOR BID (RFB 12997) a ti SOLAR-POWERED SPEED FEEDBACK SIGNS (TC 08-003) L d ESQ 0 0 } t 616 O O O Ex . 3/31 15 U �t N Y v 1 N . 07 LL 0_' r C O E Date of Issuance: July 30, 2013 0 w a Deadline for Bid Submittal: September 10, 2013 at 2:00 P.M. Page 1 of 24 Packet Pg. 241 City of San Bernardin Public Works Department 1.0 SCOPE OF WORK The City of San Bernardino, Public Works Department requests bids for ten (10) Solar-Powered Speed Feedback Signs. The Solar-Powered Speed Feedback Signs shall conform to the requirements of the Technical Specification Data Sheet included with this Request for Bid (RFB). �, Pricing shall include all freight, shipping, packaging, and delivery fees. FOB, in terms of loss or damage, is Destination. Installation is not required; however, the RFB includes a line item for mounting hardware necessary to install the signs on the City's existing lighting standards. 2.0 INSTRUCTIONS TO BIDDERS u_ a� Name of Bid: Solar-Powered Speed Feedback Signs (TC 08-003) C Cn L 0 Date of Issuance: July 30, 2013 U L Deadline for Questions: September 3, 2013 before 2:00 p.m. o U Deadline for Bid Submittal: September 10, 2013 before 2:00 p.m. o L Submit Bid to: —> > —> SEALED BID: Solar-Powered Speed Feedback Signs 3 Submit in a sealed envelope. City of San Bernardino Q Address as indicated. Public Works Department 300 North "D"Street, 3rd Floor N San Bernardino, CA 92418 U C Method of Submittal: Mail Delivery, In Person Delivery, or Express Shipping (Submittals via FAX or e-mail are not acceptable) L F_ Contact Person: Jeffrey T. Schafer, P.E. zt City of San Bernardino �0 Public Works Department M 300 North"D"Street, 3rd Floor g San Bernardino, CA 92418 0o 0 U Email: schaferje @sbcity.org Phone: (909) 384-5902 FAX: (909) 384-5190 m U_ Submittal Documents Required: (1) Bid Submittal Form (2) Bid Signature Page H (3) Equal Employment Opportunity Certification ` c (4) Non-Collusion Affidavit E (5) Debarment and Suspension Certification (6) Non-Lobbying Certification for Federal-aid Contracts/ .0 (7) Disclosure of Lobbying Activities ✓ (8) Technical Specification Data Sheet (9) Descriptive Literature ✓ U f6 The bidder shall complete and submit all requested bid forms/documents. If the bidder Q concludes that a requested item of information or completion of a form is not applicable based on the Bidder's circumstances, the Bidder shall provide a notation on the item/form indicating that the item/form is"not applicable". 9 3 Page 2 of 24 Packet Pg.242 City of San Bernardino S.L.c Public Works Department The City is not responsible for delays occasioned by the U.S. Postal Service, the internal mail delivery system of the City, or any other means of delivery employed by Bidder. The City is not responsible for, and will not open, any bid responses that are received on or after the time stated above. Late submittals will be retained in the RFB file, unopened. No responsibility will be attached to any person for premature opening of a bid envelope that is not properly in identified. .a Requests for explanation or interpretation of the RFB shall be submitted in writing to the Contact Person no later than 2:00 p.m. on September 3, 2013. Explanations or interpretations U- of the RFB will be made in the form of written addenda. Written addenda shall become part of a the contract documents, and all bidders shall acknowledge receipt of addenda on the Signature r0 Page (Page 7). The Bidder shall be responsible for checking for addenda prior to bid submittal. c Addenda, if necessary, will be posted on the City's website 3 calendar days prior to the bid submittal deadline. City's Website: http://www.ci.san-bernardino.ca.us/services/request_for_bids/public works/default.asp 0 4- 0 A company representative who is authorized to bind the Company shall sign on behalf of the E company to indicate to the City that you have read, understand and comply with the a instructions and all terms and conditions stated in this RFB and all attachments. r 3.0 BID OPENING AND AWARD N Bids will be opened on September 10, 2013 at 2:00 p.m. in the Public Works Department = Conference Room, 300 North "D"Street, San Bernardino, CA. The purpose of the bid opening ci is to provide the names of all bidders and the total cost indicated for each bid. R Bids will be evaluated promptly after the bid opening by Public Works Department staff. Following the evaluation, a bid tabulation will be made available to all bidders and the public. �0 Bids may be withdrawn, by written request on company letterhead, any time prior to the M deadline for bid submittal. No bid may be modified or withdrawn for a period of ninety (90) o calendar days thereafter. CO Award will be made to the responsible Bidder submitting the lowest responsive bid with regard to the specifications and requirements set forth herein. The City reserves the right to accept or reject any or all bids; to request rebid; and to waive technicalities and formalities where it is r deemed advisable in protection of the best interests of the City. In the event of a tie bid, award m will be made to the bidder whose offered equipment, in the opinion the City Engineer, provides the highest overall performance value to the City. c a� 4.0 EXCEPTIONS TO BID REQUIREMENTS U The Bidder shall clearly state in their submittal any exceptions to, or deviations from, the Q minimum bid requirements, and any exceptions to the terms and conditions of this RFB. Such exceptions or deviations will be considered in evaluating the bids. Bidders are cautioned that exceptions taken to this RFB may cause their bid to be rejected. E U B 5.0 DELIVERY Q Following receipt of a signed purchase order from the City of San Bernardino, the lowest responsible bidder shall deliver the equipment items covered by the purchase order to the City Page 3 of 24 Packet Pg. 243 City of San Bernardino Public Works Department of San Bernardino within thirty (30) calendar days of receipt of the purchase order. FOB point in terms of loss or damage is destination. Equipment shall be delivered to the City Yard at 234 South Mountain View Avenue, San N Bernardino, CA 92408. Delivery shall occur during the City's business hours. The Operations and Maintenance Division at 909-384-5045 shall be notified at least two working days prior to in delivery. o M 6.0 INSURANCE REQUIREMENTS m d U_ The Bidder, at its own expense, shall procure and maintain workers compensation, general 0 liability, and vehicle liability insurance appropriate to cover risks which might arise directly or 0. indirectly from the Bidder's obligations and activities related to the bid. The Bidder shall furnish o the City with a copy of the declarations page of the Bidder's insurance policies if requested by 0 the City. c 0 7.0 PURCHASE ORDER AND PAYMENT c) 4- 0 Issuance of a purchase order for the Solar-Powered Speed Feedback Signs will be at the discretion of the City of San Bernardino Mayor and Common Council. Following authorization by 3 the Mayor and Common Council, the City will issue a purchase order to the lowest responsible a bidder. Following delivery of the items covered by the purchase order, the City of San r Bernardino will transmit the quoted payment to the lowest responsible bidder. N J c 8.0 CANCELLATION cc The City reserves the right to withdraw the RFB, reject bids for noncompliance with the RFB provisions, and/or cancel the procurement process at any time if it is determined to be in the best interest of the City. �i M O O 9.0 FEDERAL LOBBYING RESTRICTIONS o U H Section 1352, Title 31, United States Code prohibits Federal funds from being expended by the recipient or any lower-tier sub-recipient of a Federal-aid contract to pay for any person for influencing or attempting to influence a Federal agency or Congress in connection with the awarding of any Federal-aid contract, the making of any Federal grant or loan, or the entering m into of any cooperative agreement. If any funds other than Federal funds have been paid for the same purposes in connection with this Federal-aid contract, the recipient shall submit an executed certification and, if required, E submit a completed disclosure form as part of the bid documents. U r A certification for Federal-aid contracts regarding payment of funds to lobby Congress or a Q Federal agency is included in the Bid Book. Standard Form — LLL,"Disclosure of Lobbying Activities,"with instructions for completion of the Standard Form is also included in the Bid book E shall constitute signature of the Certification. a The above referenced certification and disclosure of lobbying activities shall be included in each a subcontract and any lower-tier contracts exceeding $100,000. All disclosure forms, but not 10 certifications, shall be forwarded from tier to tier until received by the Engineer. y 1 Page 4 of 24 Packet Pg.244 City of San Bernardino Public Works Department The Contractor, subcontractors and any lower-tier contractors shall file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed by the Contractor, subcontractors and any lower-tier contractors. An event that materially affects the accuracy of the information reported includes: Y V (1) A cumulative increase if $25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered federal action; or U_ (2) A change in the person(s) or 'individual(s) influencing or attempting to influence a covered federal action; or °- (3) A change in the officer(s), employee(s), or member(s) contacted to influence or attempt Y to influence a covered Federal Action. O 0 U O L 3 Q ti T N V LL r O U. M O O O U U.ti rn N r r r-' C d E t V O a+ Q C E t U t4 r+ a+ Q Page 5 of 24 Packet Pg. 245 City of San Bernardino '�'c Public Works Department BID SUBMITTAL FORM Pricing shall include all freight, shipping, packaging, and delivery fees. FOB, in terms of loss or damage, is Destination. Items shall be provided in accordance with the attached specifications. _ M Item Quantity Unit Description Price Per Unit Total Price Y No. (U.S. Dollars) (U.S. Dollars 1 10 Each Solar-Power Speed Feedback Sin ) ��' }Ui�, cU. 2 10 Each Mounting hardware c. required to install a N complete Solar-Powered n n Speed Feedback Sign on an J4, existing City light standard. c o 3 1 LS Technical Documentation 0 and Su pp _ 4 1 LS Software licensing allowing 3 installation of required a software on not less than t' � j ti three (3) personal ti computers _ - 12-Sales Tax: �JV. � . .S iE Total Cost: d MANUFACTURER'S DESCRIPTIVE LITERATURE: C Bidder's shall include with the bid submittal manufacturer's literature describing the components M to be furnished. The manufacturer's descriptive literature will be used by City staff to evaluate °o the bids; however, the Bidder is responsible for noting any deviation from the technical Co specifications on the technical specification data sheet contained herein. L) v For the components to be furnished indicate component description, manufacturer, and models numbers sufficient to identify the furnished components within the manufacturer's literature. m LL Component Manufacturer Model/Identification Number MS p i Ce E w } a E Bidder's Company Name: I(0f;r1c.-r-� -+ Authorized Signature: Date: a Print Name and Title: Lou rte 6 Page 6 of 24 Packet Pg.246 City of San Bernardino Public Works Department BID SIGNATURE PAGE The undersigned Bidder, having examined these documents and having full knowledge of the condition under which the work described herein must be performed, hereby proposes that he/she will fulfill the N obligations contained herein in accordance with all instructions,terms, conditions, and specifications set forth; and that he/she will furnish all required products/services and pay all incidental costs in strict conformity with these documents, for the stated prices as payment in full. Additionally, the undersigned co Bidder agrees if this bid is accepted, that he/she will execute a purchase agreement with the City of San Bernardino, in the form of the Sample Purchase Agreement contained herein (See pages 21 to 24). CD 0 packaging and delivery fees. Prices included on the Bid Submittal Form include all freight, shipping, p N '0 FOB, in terms of loss or damage, is Destination. Offered prices shall remain firm for a minimum of ninety (90)days after the Bid Submittal Deadline. a L ° II Bidder's Company Name: w I 0 _ U Address: " ° L 3 City: 40(11 °`.fv� State: Zip Code: 22-f6) 7 a ti i T Authorized Representative: n - � Title: Authorized Signature: ' Date: -' 1,4 )3 t `' FAX Number: f2/(( � �7 0 Phone Number: , ` 1 4� U- M O O Email: °D U H ti as N Addenda (The bidder shall be responsible for checking for the issuance of addenda. m See Section 2, page 3) The authorized representative hereby acknowledges receipt of the following addenda: E Addenda Number: Date: w Addenda Number: Date: a d Addenda Number: Date: E 0 w a Page 7 of 24 Packet Pg.247 City of San Bernardino Public Works Department (THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL t SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A PART OF THIS PROPOSAL) C EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION Y U f0 'O The bidder `(C- 1 _ proposed U. subcontractor hereby certifies that he has Q Cn has not participated in a previous contract or subcontract subject to the equal ,o U opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where 0 U required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal o M Contract Compliance, a Federal Government contracting or administering agency, or the former 3 a President's Committee on Equal Employment Opportunity, all reports due under the applicable ti N filing requirements. U w r.. L Note: The above certification is required by the Equal Employment Opportunity Regulations of 7@ the Secretary of Labor(41 CFR 60-13(b)(1)), and must be submitted by bidders and 0 proposed subcontractors only in connection with contracts and subcontracts, which are M subject to the equal opportunity clause. Contracts and subcontracts which are exempt o, from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only o contracts or subcontracts of$10,000 or under are exempt.) ti Currently, Standard Form (EEO-1) is the only report required by the Executive Orders or N their implementing regulations. m LL X Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should not that 41 CFR 60-1.7(b)(1) prevents the award of contracts and d subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, r Office of Federal Contract Compliance, U.S. Department of Labor. a r E a Page 8 of 24 Packet Pg. 248 City of San Bernardino Public Works Department NONCOLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) _ To the CITY of SAN BERNARDINO DEPARTMENT OF PUBLIC WORKS. in Y U R In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the LL bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, a Cn partnership, company, association, organization, or corporation; that the bid is genuine and not 0 collusive or sham; that the bidder has not directly or indirectly induced or solicited any other 0 bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, 0 connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall 3 a refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by r ti agreement, communication, or conference with anyone to fix the bid price of the bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder u has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the 0 M contents thereof, or divulged information or date relative thereto, or paid, and will not pay, any fee o co 0 to any corporation, partnership, company association, organization, bid depository, or to any ti member or agent thereof to effectuate a collusive or sham bid, N m LL 2 ll' r Note: The above Noncollusion Affidavit is part of the Proposal. Signing this Proposal on the a) signature portion thereof shall also constitute signature of this Noncollusion Affidavit. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. a c I � E w Q Page 9 of 24 Packet Pg. 249 City of San Bernardino Public Works Department DEBARMENT AND SUSPENSION CERTIFICATION TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other co person associated therewith in the capacity of owner, partner, director, officer, and manager: Is not currently under suspension, debarment, voluntary exclusion, or determination of CD a ineligibility by any federal agency; 0 Has not been suspended, debarred, voluntarily excluded or determined ineligible by any L federal agency within the past 3 years; ° U 4.- 0 Does not have a proposed debarment pending; and 10 Has not been indicated, convicted, or had a civil judgment rendered against it by a court of a ti competent jurisdiction in any matter involving fraud or official misconduct within the past 3 N years. — U t0 If there are any exceptions to this certification, insert the exceptions in the following space. d 0 U- co 0 U t7 Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exceptions noted above, indicate below to whom it applies, initiating N agency, and dates of action. m LL C d E U t6 a-. Note: Providing false information may result in criminal prosecution or administrative sanctions. a The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification. E U fC r Q Page 10 of 24 Packet Pg. 250 - City of San Bernardino Public Works Department NONLOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the in undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, U- the making of any federal loan, the entering into of any cooperative agreement, and the a extension, continuation, renewal, amendment, or modification of any federal contract, N L grant, loan, or cooperative agreement. ,0 (2) If any funds other than federal appropriated funds have been paid or will be paid to any Y person for influencing or attempting to influence an officer or employee of any federal 0 agency, a Member of Congress, an officer or employee of Congress, or an employee of a — Member of Congress in connection with this federal contract, grant, loan, or cooperative 0 agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of 3 Lobbying Activities," in accordance with its instructions. a ti This certification is a material representation of fact upon which reliance was placed when this N transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who c fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and J not more than $100,000 for each such failure. L The prospective participant also agrees by submitting his or her bid or proposal that he or she Z shall require that the language of this certification be included in all lower tier subcontracts,which 0 exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. M 0 0 0o 0 U H r 0 0 N r m U- ix r y C N E t U f0 r Q C CD E t U t0 a� Q Page 11 of 24 Packet Pg. 251 City of San Bernardino .0 Public Works Department DISCLOSURE OF LOBBYING ACTIVITIES COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352 1. Type of Federal 2. Status of Federal 3. Report Type: Action: Action: Ela. contract a. bid/offer/application Fla. initial b. grant b. initial award b. material change c. cooperative agreement c. post-award ca .G d. loan For Material Change Only: d e. loan guarantee year_ quarter at f. loan insurance date of last report u" .O 4. Name and Address of Reporting Entity 5. If Reporting Entity in No.4 is Subawardee, d Enter Name and Address of Prime: Q- Prime Subawardee L Tier if known ra L C Congressional District,if known Congressional District,if known O U 6. Federal Department/Agency: 7. Federal Program Name/Description: o 13 L R CFDA Number,if applicable— Q 8. Federal Action Number,if known: 9. Award Amount,if known: T N 10. a. Name and Address of Lobby Entity b. Individuals Performing Services (including c (If individual,last name,first name,MI) address if different from No. IOa) ti (last name,first name,MI) w ry L Z (attach Continuation Sheet(s)if necessary) 1� O LL 11. Amount of Payment(check all that apply) 13. Type of Payment(check all that apply) M $ E] Actual planned a. retainer o 0 b. one-time fee c 12. Form of Payment(check all that apply): c, commission 8 a, cash d. contingent fee b. in-kind; specify: nature c deferred Cn value f. other,specify N 14. Brief Description of Services Performed or to be performed and Date(s)of Service,including M officer(s),employee(s),or member(s)contacted,for Payment Indicated in Item 11: LL (attach Continuation Sheets)if necessary) C m 15. Continuation Sheet(s)attached: Yes El No El E 16. Information requested through this form is authorized by Title V 31 U.S.C.Section 1352. This disclosure of lobbying reliance Signature: was placed by the tier above when his transaction was made or Q entered into. This disclosure is required pursuant to 31 U.S.C. Print Name: 1352. This information will be reported to Congress semiannually and will be available for public inspection. Any d person who fails to file the required disclosure shall be subject Title: t to a civil penalty of not less than$10,000 and not more than v $100,000 for each such failure. Telephone No.: _ Date: Authorized for Local Reproduction Q Federal Use Only: Standard Form-LLL Sinndard Form LLL,Rev.09-12-97 Page 12 of 24 Packet Pg.252 City Ci of San Bernardino r Public Works Department INSTRUCTIONS FOR COMPLETION OF SF-LLL, ' DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity,whether subawardee or prime federal C recipient,at the initiation or receipt of covered federal action or a material change to previous filing co pursuant to title 31 U.S.C. Section 1352.The filing of a form is required tb1&Ugh,.pavment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of M any agency,a Member of Congress an officer or employee of Congress or an employee of a Member of m Congress in connection with a covered federal action.Attach a continuation sheet for additional a) LL information if the space on the form is inadequate.Complete all items that apply for both the initial filing -a and material change report. Refer to the implementing guidance published by the Office of Management a and Budget for additional information. cn L W 1. Identify the type of covered federal action for which lobbying activity is and/or has been secured to influence,the outcome of a covered federal action. 2. Identify the status of the covered federal action. io 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a ,) material change to the information previously reported,enter the year and quarter in which the 0 change occurred. Enter the date of the last, previously submitted report by this reporting entity 3 for this covered federal action. Q 4. Enter the full name,address,city, State and zip code of the reporting entity. include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the N subawardee,e.g.,the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. _ 5. If the organization filing the report in Item 4 checks "Subawardee"then enter the full name, address,city, State and zip code of the prime federal recipient. Include Congressional District,if known. 6. Enter the name of the federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example,Department of Transportation, c United States Coast Guard. 7. Enter the federal program name or description for the covered federal action(item 1). If known, c enter the full Catalog of Federal Domestic Assistance(CFDA)number for grants,cooperative o9b agreements, loans and loan commitments. v 8. Enter the most appropriate federal identifying number available for the federal action identification in item 1 (e.g.,Request for Proposal(RFP)number,Invitation for Bid(IFB) ti as number,grant announcement number,the contract grant. or loan award number,the N application/proposal control number assigned by the federal agency). Include prefixes,e.g., m "RFP-DE-90-001." u- 9. For a covered federal action where there has been an award or loan commitment by the Federal agency,enter the federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. cam, 10. (a)Enter the full name,address,city, State and zip code of the lobbying entity engaged by the s reporting entity identified in item 4 to influenced the covered federal action. (b)Enter the full names of the individual(s)performing services and include full address if different from 10(a). Enter Last Name,First Name and Middle Initial(MI). a It. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4)to the lobbying entity(item 10). Indicate whether the payment has been made(actual)or E will be made(planned). Check all boxes that apply. If this is a material change report,enter the cumulative amount of payment made or planned to be made. a 12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in- kind contribution, specify the nature and value of the in-kind payment. 13. Check the appropriate box(es). Check all boxes that apply. If other,specify nature. Page 13 of 24 Qacket Qg.253 �I City of San Bernardino Public Works Department 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s)of any services rendered. Include all preparatory and related activity not just time spent in actual contact with federal officials. Identify the federal officer(s)or employees)contacted or the officer(s)employee(s)or Member(s)of Congress that N were contacted. a� 15. Check whether or not a continuation sheet(s)is attached. N 16. The certifying official shall sign and date the form,print his/her name title and telephone number. .Q Public reporting burden for this collection of information is estimated to average 30 minutes per response, ti including time for reviewing instruction,searching existing data sources,gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the a burden estimate or any other aspect of this collection of information,including suggestions for reducing N this burden,to the Office of Management and Budget, Paperwork Reduction Project(0348-0046), Washington,D.C.20503. SF-LLL-Instructions Rev.06-04-90((ENDIF)> ca c O U O L 3 a T ti N L) C H Z if O LL M O O O O U by ti O 07 N T- ca LL C d E t V c0 r a E a Page 14 of 24 r, - City of San BernardinoK: Public Works Department TECHNICAL SPECIFICATION DATA SHEET FOR SOLAR-POWERED SPEED FEEDBACK SIGNS N C Instructions: rn n X Bids shall include a copy of this Specification completed by the Bidder. Specification provisions are included in the left-hand column. If the Bidder takes no exception to the specification rovisi n the Bidder shall write"As Specified" djacent to the s ecific tion U_ provision. If an exception is taken, the Bidder shall describe in detail the nature of the exception, and provide complete information regarding the component/system function n that will be provided in lieu of that required by the specification. `o w w Note"As S eclfied"or describe ex Lion. L 1.0 General o U 1.1 All equipment shall be new, unused, o not refurbished, and of the highest quality in durability and workmanship. a 1.2 Each solar-powered speed feedback N sign shall be fully self-contained and capable of providing passing motorists real-time feedback regarding their � �i vehicle's speed via radar speed detection. 2 1.3 Vehicle speed shall be detected using a radar module mounted within the sign ry 4 S �° enclosure. O co 1.4 The sign enclosure shall be made of L) heavy gauge (0.09 inch) continuous ~ formed aluminum. The surface of the enclosure shall be powder coated black. S ` N in LL 1.5 The display window shall be made of 3/8-inch shatter resistant polycarbonate. ao ec.�i e r - E 1.6 The housing shall be provided with ,r, tamper proof fasteners. a 1.7 The housing shall be weather proof to c NEMA 3R specifications or better. r 1.8 The housing shall be a non-sealed, f� a vented type that will prevent moisture las accumulation. Page 15 of 24 Packet Pg. 255 i - City of San Bernardino Public Works Department 1.9 The sign shall conform to the requirements of the 2012 California Manual of Uniform Traffic Control Devices (MUTCD) Section 26.13. The alpha- 4 ' _ numeric characters of the sign shall be S �' yellow (amber) on a black background. 2.0 Dis a U- 2.1 The sign shall include a two row a alphanumeric display. Each row shall be //� Cn capable of displaying five (5) 4-inch wide o w by 6-inch high characters. 2.2 Each alphanumeric character shall 0 consist of 270 discrete LEDs individually 0 aimed to provide even light distribution �� S L6r within the viewing area. a 2.3 The sign shall include a speed display consisting of two (2) seven segment solid- ' N state numeric displays. 2.4 The numeric characters (speed display) shall be 9-inch wide by 16-inch high. d t _ p 2.5 Each display segment shall consist of M 42 discrete LEDs which are individually o aimed to provide even light distribution S � ' � CO within the viewing area. 2.6 The display light intensity shall be N programmable to different times of day to n m provide optimum view ability under all ► ` U- ambient light conditions. r ' 2.7 The display shall be designed to avoid E distracting the attention of motorists away from the road, by prevention of viewing from acute angles outside the motorist's a normal field of view. The viewable area I % shall enclose an area up to a maximum ' included angle of 30 degrees from the roadside. a Page 16 of 24 �- !acke't Pg.256 City of San Bernardino Public Works Department 2.8 The display shall be capable of multi- mode operation. �,6 � 2.9 The display pixels shall have a � CO minimum ten (10) year design life. ]e� Sn� Y 2.10 he display shall have a two (2) year parts warranty. U- 2.11 The pixels shall have a Mean Time CL Before Failure (MTBF) of 100,000 hours. 0A � � � m n L 3.0 Power 3.1 Each sign shall be solar powered and /i 0 capable of fully autonomous operation 24 o hours per day, 365 days per year. 3.2 Solar panel shall be 85 Watt, 12 VDC. a r 3.3 The charging system shall use two (2) - batteries. The batteries shall be valve regulated, absorbed glass mat type, 12 - VDE, 79 Ah. 01 S w L mm3.4 The charging control system shall be d a solar industry standard item with LL temperature compensating charging , M voltage. 0 _ o 3.5 The battery cabinet shall be powder coated, and vandal and tamper resistant (including assembly hardware). - N m 3.6 The battery cabinet shall house the batteries, solar controller, and lightning �1 ' �� " ►{ protection device. E 4.0 Controller Functions a 4.1 The controller shall include an on- board real-time clock with built in daylight savings. Clock setting shall be programmable using an SD card. a 4.2 The clock shall have a battery backup ` with three-year shelf-life ca aci y. Page 17 of 24 Packet Pg. 257 X ­1 City of San Bernardino Public Works Department 4.3 The controller shall allow the radar to operate independently from the display so that the sign can collect data while the display is blank or off. _ 4.4 The Controller shall have three (3) programmable speed thresholds to trigger three (3) independent user-defined d messages. d Q 5.0 Sign Programming Software N L 5.1 Sign programming software shall be compatible with Windows 98, 2000, XP, 3 � , Vista, and web-enabled cell phones. U o 5.2 Sign software shall provide data collection, data analysis, and sign programming capability. a4 ti ti 5.3 Sign communication shall be achieved , using an SD card. Y 5.4 The sign communication port shall allow uploading and downloading of traffic , data, sign logs, firmware updates, and 4 configurations. ° u_ _ M 5.5 The sign shall include an SD Card port o as a standard feature to facilitate sign programming and traffic data downloads. ti 6.0 Mounting Hardware N M 6.1 Each sign shall include the mounting hardware required to mount the sign, battery cabinet, and solar panel to the d City's existing light standards. E 6.2 The mounting hardware shall be a conform to the sign manufacturer's installation requirements. a Page 18 of 24 Packet Pg. 258 City of San Bernardino 5.Lc Public Works Department 7.0 Warranty 7.1 The minimum warranty for equipment, materials, and technical support shall be for a period of two years N from the date of delivery of the `tom Y equipment. The warranty shall cover manufacturer's defects and parts. LL 8.0 Technical Support d Q CO 8.1 Sign delivery shall include three (3) w sets of manufacturer's operation, rGr installation, and user manuals. r _ 0 8.2 Included with the sign purchase, the c sign manufacturer shall provide technical support training to instruct City staff on 3 installation and initial setup of the radar , a speed feedback signs. Additionally, the ;, f r sign manufacturer shall be routinely engaged in providing free on-going d technical support and trouble-shooting to sign owners. 0 U_ M O O OD O Bidder's Company Name: ���� I „ '+jc., ti rn ' N # _ m Authorized Signature: Date: /ry it 3 _ E Print Name and Title: je/� Mc n — U w Q r a� E a ..r Page 19 of 24 Packet Pg. 259 City of San Bernardino Public Works Department GENERAL TERMS AND CONDITIONS 1 The bid and resul tpurchase order shall be governed by and construed in accordance . resulting p with the laws of the State of California. The bidder agrees and consents to the exclusive N jurisdiction of the courts of the State of California for all purposes regarding the bid and resulting purchase order, and further agrees and consents the venue of any action 6 hereunder shall be exclusively in the County of San Bernardino, California. 2. The bidder shall, at no cost to the City, promptly correct any and all defects in the 0) items/services provided hereunder. The bidder shall also reimburse the City for any U- costs incurred as a result of defect(s). The term of this warranty shall be ninety (90) 0 days from the date of the City acceptance of the item/service. Bidder warrants that ca items may be shipped, sold and used in a customary manner without any violation of o any law, ordinance, rule or regulation of any government or administrative body. 3. Bids and related submittal documents shall become the exclusive property of the City. o All such documents become a matter of public record and shall be regarded as a public U record. Exceptions will be those elements in the California Government Code section o 6250 et. seq. (Public Records Act) and which are marked "trade secret", `confidential", or"proprietary". The City shall not in any way be liable or responsible for the disclosure of any such records. Q 4. All bids shall be typewritten or clearly printed in ink. No erasures will be permitted. Mistakes shall be crossed out and corrections typed/inked adjacent, dated and initialed. Li 5. Bid prices shall be shown in U.S. dollars. 6. Bids shall submitted on the forms contained within the Request for Bid. Alterations of the bid forms shall not be permitted. V- 0 M7. In case of a discrepancy between the unit price and the total price, the unit price shall prevail. ° 0 CO 8. The bidder shall complete and submit all requested bid forms/documents. If the bidder 0 concludes that a requested item of information or completion of a form is not applicable based on the Bidder's circumstances, the Bidder shall provide a notation on the item/form indicating that the item/form is"not applicable". r m U- o: c a E U r a r E U t4 Y 4 Page 20 of 24 Packet Pg.260 City of San Bernardino Public Works Department SAMPLE PURCHASE AGREEMENT This Purchase Agreement is entered into this day of u^, by and between ("Vendor')and the City of San Bernardino("City"or"San F0 Bernardino"). WITNESSETH: ,�' WHEREAS,the Mayor and Common Council has determined that it is ad tagacous U. and in the best interest of the City to contract for the purchase of _. Q WHEREAS,the City of San Bernardino did solicit and accept quotes from va' , lc Vendors for the purchase of �o NOW,THEREFORE,the parties hereto agree as lollow. 0 U 1. SCOPE OF SERVICES. 0 For the remuneration stipulated, San B a ino lier b engages c.. do 0 (avide L_ [either the followingproducts:, or, those pro(i to is sel on {ached hereto a and incorporated herein]. �✓ r— 2. COMPENSATION AND EXI �.4. a. For the products and/or servi ,i. c 1tctrtc:(I 1( () �.the City,upon presentation of an J invoice, shall n R the Vendor a t( ll anlonnt It _ ...___for, _ � [or, the�rtxc(( stye ' "rrl, it�k ' �cl r r>and iarrnrjrc�r�rrc�rl herein) b. No other cxpciu't� of b etido s aI I be reimbursed by City. o 3. '11"It ; I Q1MINATIt This l) r �c-`sl�tlI be con) le sd within[either, FY09/10, or, sixty(60)days]. ,0 This A (c -►nei I< �e term a ed at any time by thirty(30)days'written notice by either party. TI • rms e inicnt shall remain in force unless mutually amended, o 0 4. WARRA A/tt(lor c.xl rc-sly warrants that all products and services supplied to City by Vendor ct It-Ball conform to the specifications,drawings or other description upon N kVtllCil this 1 t.l 2C 1 I S! is based,shall be fit and sufficient for the purpose intended, merchanta a of good material and workmanship,free from defects and free and clear of all m LL li y,►S01. ill l n1branc es. Inspection,testing,acceptance or use of the goods by the City shall not 111-(�illior's obligations under this warranty,and such warranty shall survive inspection, testing,acceptance and use. Vendor agrees to replace or correct promptly defects of any goods or services not conforming to the foregoing warranty without expense to the City,when notified E of such non-conformity by City. If Vendor fails to correct the defects in or replace non- U conforming goods or services promptly,City may,after reasonable notice to Vendor,make such a corrections or effect cover,or cute,at Vendor's expense. "Reasonable notice"for purposes of this section shall not be deemed to require more than 60 calendar days notice before commencement of efforts by the City to effect cover or a cure except upon written agreement E of the Parties. r Q Page 21 of 24 Packet Pg. 261 5.L.c City of San Bernardino Public Works Departrnent 4.5, INDEMNITY. Vendor agrees to and shall indemnify and hold the City, its elected officials, employees, agents or representatives, free and harmless from all claims, actions, damages and liabilities of any kind and nature arising from bodily injury, including death, or property damage, based or a, asserted upon any actual or alleged act or omission of Vendor, its employees, agents, or Y subcontractors, relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement, unless the bodily injury or property d< ryaue was actually caused by the sole negligence of the City, its elected officials, Cuiploy• s,�. recut~ or LL representatives. As part of the foregoing indemnity, Vendor agrees to protect lt:i'end at its .c own expense, including attorney's fees, the City, its elected officials, emit�i ICS. <tg -ti s or representatives from any and all legal actions based upon such actual or ?i Ic i s or Q- omissions. Vendor hereby waives any and all rights to any types of expres.• o implied f,/N> indemnity against the City, its elected officials, employees, agems or represeWit 'v 4. with' respect to third party claims against the Vendor relating to ti i any way connected) vi lowe accomplishment of the work or performance of services under till., 'reemciit. o U 6. INSURANCE. a While not restricting or limiting the IbTl ie term o' I e n F —� CIA, Vendor shall maintain in effect policies of Cann r liensivC i ic, general i t,,,a Wntobilc Q liability insurance,in the amount of$1,( I0,000. i it et single limit,im shall file copies of said policies with the City's Risk Mani re prior to I I taking any work under this Agreement. City shall be set forth as an additional ti iii W1.insured ' i c ich policy of insurance provided hereunder. The Certificate of insurance ti s d to tilt t' shall require the insurer to notify City of any change or tern iity,,ttion in the ci is 7. NON-DISCRIMI In the icricirinance of' is 'Ie, a it Intl in ie hiring and recruitment of employees, �— Vendor shall tot ggage in,nor i •r it its o ` cars, employees or agents to engage in, t > of s is because of their race,religion,color,national origin, i° dtscrimuiatul'in t�tr ntcnt i g ancestry, age, i e ti tS •till disc i y,medical condition,marital status,sexual gender or i; sexual oriewatic ii,or tni o its protected by law. c 00 0 8. BUSINE, S �,(;IS*FRATION CERTIFICATE AND OTHER REQUIREMENTS. (or wa•rt its that it possesses or shall obtain, and maintain a business registration rt' Cato s Cyuit 'c under Chapter 5 of the Municipal Code, and any other license, permits, rn _tit alitiCatiai S. insurance and approval of whatever nature that are legally required of Vendor to m practice its a iiiess or profession. LL 9. Any notices to be given pursuant to this Agreement shall be deposited with the United States Postal Service,postage prepaid and addressed as follows: E TO THE City: _ _ o 300 North"D"Street a San Bernardino,CA 92418 Telephone: (909) a TO TAE Vendor: Q Page 22 of 24 Packet Pg. 262 5.L.c City of San Bernardino Public Works Department 10. ATTORNEYS'FEES In the event that litigation is brought by any party in connection with this Agreement,the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees,incurred by the prevailing party in the exercise of any of its a, rights or remedies hereunder or the enforcement of any of the terms,conditions or provisions hereof. Attorneys'fees for the City Attorney and members of his office shall be caleulatecl based on the market rate for comparable services. , at 11. ASSIGNMENT. a Vendor shall not voluntarily or by operation of law assign,transfer, sub �t r enctn 1 cr W all or any part of the Vendor's interest in this Agreement without City's prior�Wri �I c ,s,,� CL L Any attempted assignment,transfer, subletting or encumbrance shall be void and. < 11 � 0 a breach of this Agreement and cause for the termination of this Agi—cenicnt. Itegardlc-s ' City's consent,no subletting or assignment shall release Vend( o'Vendor's obligation w perform all other obligations to be performed by Vendor lteretim r the term of this o Agreement. v o 12. VENUE. The parties hereto agree that all actio s r hroc, tIi gs arising i e ection with this Q Agreement shall be tried and litigat%I -ither in III ' at codas located it the County of San Bernardino, State of California or the 1J..' Distric C srt for the Central District of California, Riverside Division. The ati7rctncnti( le I hc>icc A title is intended by the parties to be mandatory and not permissive in nature. 13. GOVERNING 1, W. This Agreement slid b vG A I} the k s )I*the State of California. 14. SUC 't.. . RS AND A. ;NS. This g 14 shall be it ing on and inure to the benefit of the parties to this 0 Agreement an( tI -ir r cG e heirs, c resentatives, successors,and assigns. 0 o HEADI :0 ' �"` o The subjc t adings of the sections of this Agreement are included for the purposes of F con men• • only a d shall not affect the construction or the interpretation of any of its ti U r.1011'. N 6. SE le tABILITV. U. provision of this Agreement is determined by a court of competent jurisdiction to h'e�nval.d or unenforceable for any reason,such determination shall not affect the validity or r enforceability of the remaining terms and provisions hereof or of the offending provision in any = other circumstance,and the remaining provisions of this Agreement shall remain in full force s and effect. a 17. REMEDIES; WAIVER ; All remedies available to either party for one or more breaches by the other party are and shall be deemed cumulative and may be exercised separately or concurrently without waiver of E any other remedies. The failure of either party to act in the event of a breach of this Agreement by the other shall not be deemed a waiver of such breach or a waiver of future breaches,unless a such waiver shall be in writing and signed by the party against whom enforcement is sought. Page 23 of 24 Packet Pg. 263 5.L.c City of San Bemardino Public Works Department 18. ENTIRE AGREEMENT;MODIFICATION. This Agreement constitutes the entire agreement and the understanding between the parties, and supersedes any prior agreements and understandings relating to the subject manner of this Agreement. This Agreement may be modified or amended only by a written instrument �, executed by all parties to this Agreement. Cl) IN WITNESS THEREOF, the parties hereto have executed this Agreement j>si`i it: day and date set forth below. LL Dated: 12013 VENDOR CD CL cn By: U Its. c 0 U 0 Dated '2013 C " F SA 11 ;IZNAR E 3 a ti 3y._. Allen r �r, City Manager U Approved as to Form: James F. 1'Cm1 Mi.City Attorn � a� 0 By: O O O O U H N r m U- C GS E U tC r Q _ d E L V Q Page 24 of 24 Packet Pg. 264 Quote p ` Date FTI Quote# rAnaheim, ic,Inc. nter Avenue 9/4/2013 5333 CA 92807 4)701-9800 Fax:(714)6 93-8627 teltraffic.corn email:contact forteltraffic com fn Customer Name Ship To .c Jeffrey T. Schafer,P.E. San Bernardino City City of San Bernardino Tommy Mayers,Engineering Asst. Li Public Works Department Development Services Department -0 300 N. "D" Street 300 N. "D" Street ai San Bernardino,CA 92418 San Bernardino,CA 92418 CO CL L Project 5333 VCaltn VMS(10) 10-22-09 12 r v ca L i+ Terms Rep FOB Contact Phone Fax Freight 0 x- 1%/20 Net 30 LC/KL Destination Jeffrey Schafer,P.E. 909 384-5902 909-384-5190 Prepaid/Incl... °a L �Q Item Description Qty U/M Price Each Total Q VCALM-VM... VCalm©VMS, SOLAR, 45"X 28.5"X 4.5" 10 8,800.00 88,000.001 T Complete unit includes 85w solar panel,SD N card technology,mounting brackets,solar "r controller,radar,battery box and 2 batteries 79 = amp.,and VSpeed(TM)Online centralized management system. (Retail$10,615. Price w reflects 10+quantity discount) d 0 U. Thank you for the opportunity to bid! Laurie M 0 0 0 0 U F r• a� 0 N � r m tY r rr C d E t v a +Thank you for the R.F.Q. Subtotal $88,000.00 E Sales Tax (8.25%) $7,260.00 V Thank you for the opportunity to quote. Total $95,260.00 Packet Pg.265 r-------------------------------_-_-____-------_-------------_-------------------------------------- - 1 � City of San Bernardino, California ` Development Services Depart/Public Works, Division 1 1 I I I D I t Northpark Ave @'T' Street(Both Dir.) ,= 1 C , I Y I t I � 1 1 r 1 LL r d 1 56TH ST W 56TH ST ¢ tiv W I, a , W C` r DR $ ST W o ¢ ¢ c W c 00 DR � T MOUNI-AIN 900 W z z z o 1 Q � CREST 1 DR c>r � =� N(1 �✓ ca ST SUNCREST w _ oz 3JJ SF91I01A KpAK V� � ST 'a Q CIR N r° > Ca SUNBROOK `x U N �- w i" Q i ' 1 ...z z ° �R '^ '`° ST Sr 400 I RR V, I Lo > N Q 300 z i s W 51ST Lu '� o ST w rx I— r I l .. LU ¢ cn d M >, 1 ' - T �z C') �G N N F- a 3 I v 0.i r-+ �. to o - - w c Q r LA = Z c > v L W > } z W v 49TH ST C-) 49TH ¢ I- - W 49TH ST ST Q ' z " 600 500 W 48TH 00 48TH ST 700 ,..., Q 7 a H- Q 1 s z 1 = �w W MELROSE W 500 46TH ST = u o DR N N CHERRY Uj ch $ C9W Thomas Bros.Map I t 1 I I VICINITY MAP � r N.T.S. I I ' - Packet Pg. 266 �2 � i i M a. City of San Bernardino, California Development Services Deparll Public Works, Division € i i 6 � i i G Sierra Way(ct)Sepulveda Ave(SB only) � Y V i V A i � i t � I E t t t t •a I N E 7sST t i 520 i o Cr-t C FISTfi sr o 50TH r U cn E 2 r- r i p W W 44TH ST, PTH f ST _ T . E 14GTd ST z a W 49TH ST GTH E 48TH S 3 _ ST ,I� � E '49TH ST Q � m_ ti W 4 A ST - s «•; , i , E 47TH ST 1111 G1MOOD 1 x ar s ,o .- .. i F— s is '' I' i rn 4 1r � 46TH 5746TH `i' S7 i r z W 3 ' 5WI 46TH ST u COW• fir w.. .. . i c� I,A i u E 45TH ST qFMAIP � z � I s E 44TH ST ,a .. vim+ z ST O;W 447,1 I Q LU.. w 4.W uj E 43RD ST s w a 4390 _ ST i v z u ST m 42140 ST a I ¢ ° W 42ND ST z I t a E 41ST ST Q RAY oil/ *z 41 T iG9i tnomas 8rue.x t ohm 1 I f i VICINITY AMP f i 1 N.T.S. r i f ------------------------------- Packet Pg. 267 -------------------------------------------------------------------------- _. � I 1 1 City of San Bernardino, California Development Services Depart/ Public Works, Division t ^ti 1 1 4 1 1 1 I 1 I t C1 "E" Street @27th Street and 28th(Both Dir.) 1 1 C I ai a 1 1 T. _ ;: ►� pp 1 - 3 1 r 3 MID t CL IW HIGHLANg AV ' PO1 E y I 8760111�ONM61�0i�6Ws { 1 1 C i t f i I VICINITY MAP I 1 1 1 N.T.S. ----------------------------_ _...--_..----------------__--_- --- i �--- : - 1 1 1 1 City of San Bernardino, California Development Services Departl Public Works, Division 1 1 � 1 i 1 f i 1 i i Y 1 San Bernardino Ave between Tippecanoe Ave and Mt. View Ave(Both Dir.) �, �r Cn i d LL L 1 d r - « " w ` E CEN R FAIM OFATOIIS+ ry_ O E AM ST�4 i 3 .y I I a i ti { E� •- i�; �Ec.�v�b� z � r- ti _ 1 V i RA GE '�^ f YAi.IACt " CT Q. — t SAN BERNARD N AV M a z � W�f "fIiFY AV °' E c;OQiEY (P V 1 � w y ,..-4 I rt i t C j ! F o ,.IVICTOPIA AY_ w 3 - a� M?TT %T E WCT__ j .a �C1 U�.', 0'C IMF ST g C 'idRUT 1 3' .s E 6RIER ['P. 1 GODU ST .T 1 ONIA AV 1 j « s > ST E wool moms.eme rpi' 1 j 1 I j I i I WCI l(��/j I.i .i�(j''�Yj� MAP 1 N.Ts. 1 « i 1 I 1 I L-----------------------------.---------.-.._..-..........-----.--------_-.-»..._.....,.....----------.-__--_ Packet Pg. 269 ___------_-°---------------------------------------------------------------------°--------------------------- --, City of San Bernardino, California Development Services Depart/Public Works, Division r � r r r r a Valencia Ave.�?a 28th Street(Both Dir.) x r ka �} MOCK I Nq RC ! g a LN a zF a W HOLLY t r i A s E 29TH ST E ' " ST ¢ c jp, r C MtRADA ST o 29TH � � _ " E COUNTRY CLUB �. � yr __. _ _ c) RD w. LN rr. Z o `28TH ST E 28TH ? 5T hi �_ALb E W ¢ E Q ' SALEwER r °` w Q _ a1iCER AV ' " E E E 27TA I ST 27TH ST 26TH 5T Igor — E 26TH ST N t J t; t ! ! J _E _ 26T41._ ST a v E 25TH_ 5T 25TH m E NORBERT '� z ! _ r w oc E 24TH r E - a ST F z z E ORCHID--- ce SST r i E p DR x & _ ST �r P IS Z E E 3RD x E 23RD ST AL o 23RD ST r E HIGH t� Q r m FWIS Arta ; PAW ° r r ' r ' r ' r ' i r i VICINITY MAP N.I S. ' Packet Pg.270 5.L.d r----------------°----------------------------------------------------------------------------------------- -------- _. ! t , City of San Bernardino, California Development Services Depart/Public Works, Division , , ! , ! ! I ! t ! t 6 ' t ! t � Little Mountain Drive @Marshall Drive(SB only) t r Y M L,_ CD CO t t1���• cr'` f , r_ C s' r t Y MARSHALL W BUSSEY ST I sit ' 31ST W Sr CN i .� SST qONITA I M ,t 3 Rya 1t LY � �1 � Owl n s W 0TH T >s t ! IIRA W QLI t = i kE P QAKMOOC " dR 'x i ' V M[RACA t R[ a r W 28TH ST slam tiwam tro.r..>, t i t VICI HY MAP t N.TS. � f ! t I 1 t i t L— -------------------------------------- -------------------------------------- .. -------------•----------1 Packet Pg. 271 5.L.e CITY OF SAN BERNARDINO Tony Frossard-DIRECTOR PUBLIC WORKS DEPARTMENT 300 North "D"Street San Bernardino,CA 92418-0001 909.384.5140 San Bernar ino N C al Cn October 15, 2013 M a� a Dan Eichmann DDL Traffic, Inc. 14658 Central Avenue cn Chino, CA 91710 0 r Subject: Solar-Powered Speed Feedback Signs (TC 08-003) (RFB 12997) C 0 Dear Mr. Eichmann 0 Thank you for submitting a proposal for the subject project. We acknowledge the work that went into your proposAl and your efforts are appreciated. a As you are aware, your proposal included some exceptions to the Technical Specifications included with the Request for Bid. The exceptions taken include but are not limited to the following: (1) The proposed equipment would not provide the message/display capability L specified; (2) The proposed equipment did not provide separate displays for messaging and speed; and (3) The proposed equipment did not offer sign communication using an SD card. Additionally, the proposal did not include the first page of the technical specification data sheet. m Staff considers these exceptions and missing items to be significant and for this reason, on N November 18, 2013, staff will recommend that the Mayor and Common Council award the o contract to another firm. y a� We look forward to your firm submitting proposals for future projects. If you have any questions c or require additional information, please contact the Public Works Department at (909) 384- z 5140. ° 0 N L Sincerely, aD J C d E Lisen�beisz,i obert R.C.E. Q City Engineer RE Js Packet Pg. 272 CITY OF SAN BERNARDINO Tony Frossard—DIRECTOR PUBLIC WORKS DEPARTMENT 300 North 1)"Street San Bernardino, CA 92418-0001 909.384.5140 Srn Berner tno 2M in October 15, 2013 a U_ Ken Elder Monitor Systems 10737 Colewood Lane ,o Dallas, TX 75243 �a L W Subject: Solar-Powered Speed Feedback Signs (TC 08-003) (RFB 12997) o U r- Dear Mr. Elder 0 L Thank you for submitting a proposal for the subject project. We acknowledge the work that a went into your proposal and your efforts are appreciated. ti As you are aware, your proposal included some exceptions to the Technical Specifications included with the Request for Bid. The exceptions taken include but are not limited to the L following: (1) The proposed equipment would not provide the message/display capability CD specified; and (2) The proposed equipment did not provide separate displays for messaging and speed. Staff considers these exceptions to be significant and for this reason, on November 18, m 2013, staff will recommend that the Mayor and Common Council award the contract to another 2 firm. c I CL N CD We look forward to your firm submitting proposals for future projects. If you have any questions or require additional information, please contact the Public Works Department at (909) 384- c 5140. z 0 Sincerely, r a� J _ d L V obert Eise""nb sz, R.C,E. w City Engineer a RE:js Packet Pg. 273 S.L.e CITY OF SAN BERNARDINO Tony Frossard—DIRECTOR PUBLIC WORKS DEPARTMENT 300 North 'V"Street San Bernardino,CA 92418-0001 909.384.5140 fan Becnar ino N C _P Y V tC October 15, 2013 a� LL Elizabeth H. Mendoza de McRae a PTM General Engineering Services, Inc. cn 5942 Acorn Street ,o Riverside, CA 92504 L .F. Subject: Solar-Powered Speed Feedback Signs (TC 08-003) (RFB 12997) o U r- Dear Ms. Mendoza de McRae ° M L Thank you for submitting a proposal for the subject project. We acknowledge the work that a went into your proposal and your efforts are appreciated. As you are aware, your proposal included some exceptions to the Technical Specifications included with the Request for Bid. The exceptions taken include but are not limited to the i following: (1) The proposed equipment would not provide the message/display capability specified; (2) The proposed equipment did not provide separate displays for messaging and speed; and (3) The proposed equipment did not offer sign communication using an SD card. m Staff considers these exceptions to be significant and for this reason, on November 18, 2013, N staff will recommend that the Mayor and Common Council award the contract to another firm. o CL V) We look forward to your firm submitting proposals for future projects. If you have any questions or require additional information, please contact the Public Works Department at (909) 384- o 5140. Z 0 Sincerely, a� J C N t� L obert Eisen is R.C.E. w City Engineer Q RE:'J s Packet Pg. 274