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HomeMy WebLinkAbout17-Facilities Management From: James Sharer, Director tit Dept: Facilities Management Date: May 15, 2007 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Subject: Resolution authorizing the execution of a contract and issuance of a Purchase Order with four one-year renewal options, to NAES, dba Amtech Elevator Services, for elevator and escalator maintenance service at City buildings in the City of San Bernardino. MICC Meetin2 Date: June 4, 2007 Synopsis of Previous Council Action: None Recommended Motion: Adopt Resolution. Contact person: James Sharer ~~~~ // James W. Sharer ~ . Director of Facilities Mana ement Phone: 384-5244 e Supporting data attached: Staff Report, Resolution Ward(s): I FUNDING REQUIREMENTS: Amount: $34,200.00 Source:: 001-325-5507 Barbara Pachon Director of Finance Council Notes: Agenda Item No. /7 C,/lf/{)] e e CITY OF SAN BERNARDINO - REOUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT Resolution authorizing the execution of a contract and issuance of a Purchase Order with four one-year renewal options, to NAES, dba Amtech Elevator Services, for elevator and escalator maintenance service at City buildings in the City of San Bernardino. BACKGROUND The City operates ten elevators and two escalators for public conveyance at City Hall, Carousel Mall, Feldheym Library, Central Police Station and Arrowhead Stadium. OSHA requires periodic and documented maintenance of these systems, and the City contracts with an outside vendor for these specialized services. e Vendor FY08 FY09 FYIO FYII FYI2 Amtech 34,200 36,068 36,984 37,812 39,996 . Schindler 37,800 39,312 40,872 42,492 44,184 Excelsior 55,200 54,600 54,000 53,400 52,800 Request for Proposals # RFP F-07-31 was mailed to six vendors, the San Bernardino Chamber of Commerce, advertised in the Sun newspaper, and placed on the City Website. Three bids were received on May 3, 2007, and no local vendors responded. The bids were opened and reviewed by Deborah Morrow, Administrative Services Manager, and Tony Frossard Project Manager. The bid results with renewal options are as follows: NAES, dba Amtech Elevator Services is the lowest responsible bidder, and they meet all specifications of the bid. Staff recommends executing an Agreement for Services and issuance of a Purchase Order with four one-year renewal options to NAES dba Amtech Elevator Services in the bid amounts noted above. FINANCIAL IMPACT Elevator and escalator maintenance services at City Buildings is an annual budgeted expenditure in the Facilities Management budget, # 001-325-5507. The amount of $34,200 is included in the Facilities Management proposed budget for FY 07/08. e RECOMMENDATION Adopt Resolution. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT WITH AND ISSUANCE OF A PURCHASE ORDER, WITH FOUR ONE-YEAR RENEWAL OPTIONS, TO NAES, dba AMTECH ELEVATOR SERVICES FOR ELEVATOR AND ESCALATOR MAINTENANCE SERVCE AT CITY BUILDINGS IN THE CITY OF SAN BERNARDINO BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. NEAS, dba Amtech Elevator Services is the lowest responsible bidder for elevator and escalator maintenance services at City buildings in the City of San Bernardino. An Agreement for Services is awarded accordingly to said Contractor in a total amount of $34,200.00. Such award shall be effective only upon said agreement being fully executed by both parties. The Mayor and Common Council hereby authorize the City Manager to execute on behalf of the City an Agreement for Services, attached and incorporated herein as Exhibit "A". The Purchasing Manager is hereby authorized and directed to issue an armual purchase order with four one-year renewal options which references this Resolution to said vendor in the amount of $34,200 for FY07/08, $36,068 for FY08/09, $36,984 for FY 09/10, $37,812 for FYI 011 I, and $39,996 for FYI 1112. SECTION 2. Any amendment or modification thereto shall not take effect or become operative until fully signed and executed by the parties and no party shall be obligated hereunder until the time of such full execution. No oral agreements, amendments, modifications or waivers are intended or authorized and shall not be implied from any act or course of conduct of any party. This resolution is rescinded if the parties to the contract fail to execute it within sixty (60) days of the passage of this resolution. II//! A.}(!J 17 (J0/0Lf/07 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Approved as to form: 26 27 28 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT WITH AND ISSUANCE OF A PURCHASE ORDER, WITH FOUR ONE- YEAR RENEWAL OPTIONS, TO NAES, dba AMTECH ELEVATOR SERVICES FOR ELEVATOR AND ESCALATOR MAINTENANCE SERVICE AT CITY BUILDINGS IN THE CITY OF SAN BERNARDINO I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of ,2007, by the following vote, to wit: Council Members: NAYS ABSENT ABSTAIN AYES ESTRADA BAXTER BRINKER DERRY KELLEY JOHNSON McCAMMACK Rachel G. Clark, City Clerk The foregoing resolution is hereby approved this day of 2007. Patrick J. Morris, Mayor City of San Bernardino AGREEMENT FOR SERVICES This Agreement for Services is entered into this _ day of 2007, by and between NAES, dba Amtech Elevator Services ("CONTRACTOR") and the City of San Bernardino ("CITY"). WITNESSETH: WHEREAS, CITY desires to have a CONTRACTOR perform the services described herein below concerning the elevator and escalator service maintenance of City buildings; and WHEREAS, CONTRACTOR represents that it has that degree of specialized expertise contemplated within California Government Code, Section 37103, and holds all the necessary licenses to practice and perform the services herein contemplated; and WHEREAS, the CITY has elected to engage the services of CONTRACTOR upon the terms and conditions as hereinafter set forth: NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated, CITY hereby engages the services of CONTRACTOR to provide those services as set forth in Exhibit" 1", attached hereto and incorporated herein by this reference. 2. COMPENSATION AND EXPENSES. a. For the services delineated above, the CITY, upon presentation of an invoice, shall pay the CONTRACTOR the amount of $32,400, upon completion of the services set forth in Exhibit "I", as approved by the City Manager or his designee. b. No other expenditures made by CONTRACTOR shall be reimbursed by CITY. 3. TERM AND TERMINATION. a. The services of CONTRACTOR are to commence on July 1, 2007 and extend through June 30, 2008. This agreement shall expire upon completion of the work or as directed by the City unless extended by written agreement of the parties. CONTRACTOR shall have four one- year options to extend this agreement. b. This agreement may be terminated at anytime for the convenience of the CITY upon thirty (30) days written notice to CONTRACTOR. 4. INDEMNITY. CITY agrees to indemnify and hold harmless CONTRACTOR, its officers, agents and F:\CALKINS\Agreements\NAES.Agr for Services. wpdF:\CALKINS\Agreements\NAES.Agr for Services. wpd Page 1 volunteers from any and all claims, actions, or losses, damages and/or liability resulting from CITY's negligent acts or omissions arising from the CITY's performance of its obligations under the Agreement. CONTRACTOR agrees to indemnify and hold harmless the CITY, its officers, agents, and volunteers from any and all claims, actions, or losses, damages and/or liability resulting from CONTRACTOR's negligent acts or omissions arising from the CONTRACTOR's performance of its obligations under the Agreement. In the event the CITY and/or the CONTRACTOR is found to be comparatively at fault for any claim, action, loss, or damage which results from their respective obligations under the Agreement, the CITY and/or CONTRACTOR shall indemnify the other to the extent of its comparative fault. 5. INSURANCE. While not restricting or limiting the forgoing, during the term of this Agreement, CONTRACTOR shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory worker's compensation coverage in accordance with the laws of the State of California. CONTRACTOR shall file Certificate(s) of Insurance with the CITY's Risk Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an additional named insured in each Certificate ofInsurance provided hereunder. The Certificate(s) ofInsurance furnished to the CITY shall require the insurer to notify CITY of any change or termination in the policy. 6. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, CONTRACTOR shall not discriminate on the basis of race, creed, color, religion, sex, physical handicap, ethnic background or country of origin. 7. INDEPENDENT CONTRACTOR. CONTRACTOR shall perform work tasks provided by this Agreement, but for all intents and purposes CONTRACTOR shall be an independent CONTRACTOR and not an agent or employee of the CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for CONTRACTOR and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. CONTRACTOR warrants that it possesses or shall obtain, and maintain a business registration certificate pursuant to Title 5 of the San Bernardino Municipal Code, and any other licenses, permits, qualifications, insurance and approval of whatever nature that are legally required F:\CALKINS\Agreements\NAES.Agr for Services.wpdF:\CALKINS\Agreements\NAES.Agr for Services. wpd Page 2 1---- of CONTRACTOR to practice its business or profession. 9. NOTICES. Any notice to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: TO THE CITY: Director, Facilities Management 300 North "D" Street San Bernardino, CA 92418 Telephone: (909) 384-5244 TO THE CONTRACTOR: Daniel Buttrey NAES, dba Amtech Elevator Services 1550 S. Sunkist Street, Ste. A Anaheim, CA 92806 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 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. 11. ASSIGNMENT. CONTRACTOR shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the CONTRACTOR's interest in this Agreement without CITY's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for the termination of this Agreement. Regardless of CITY's consent, no subletting or assignment shall release CONTRACTOR of CONTRACTOR's obligation to perform all other obligations to be performed by CONTRACTOR hereunder for the term of this Agreement. 12. 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 the mandatory and not permissive in nature. F:\CALKINS\Agreements\NAES.Agr for Services.wpdF:\CALKlNS\Agreements\NAES.Agr for Services. wpd Page 3 13. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective heirs, representatives, successors, and assigns. 15. HEADINGS. The subject headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the construction or the interpretation of any of its provisions. 16. ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement and the understanding between the parties, and supercedes 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. IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: ,2007 CONTRACTOR NAES, dba Amtech Elevator Services By: Its: Dated ,2007 CITY OF SAN BERNARDINO By: Fred Wilson, City Manager Approved as to Form: JAMES F. PENMAN, City Attorney By: KINS\Agreements\NAES.Agr for Services. wpdF:\CALKINS\Agreements\NAES.Agr for Services. wpd Page 4 , EXHIB IT 1 RFP F-07-31 ! ~'\i! ~.. II liM ) PRICE FORM (To be submitted in a sealed envelope separate from proposal documents) REQUEST FOR PROPOSALS: RFP F-07-31 DESCRIPTION OF WORK: Elevator and Escalator Maintenance Service OFFEROR'S NAME/ADDRESS: NAES, DBA AKTECH ELEVATOR SERVICES 1550 S. SUNKIST STREET, STE. "An ANAHEIM, CA. 92806 NAME/TELEPHONE NO. OF AUTHORIZED REPRESENTATIVE JOHN HODGE, ACCOUNT MAKAGER PHONE:(714) 939-6516, FAX:(714) 939-6524 ANNUAL PURCHASE ORDER Effective on or about July 1, 2007 through June 30, 2008 plus four (4) single year options, for City's partial requirements, on an as-needed basis, with no guaranteed usage for "Elevator and Escalator Maintenance Service." Option year one, if exercised, shall be effective July 1, 2008 through June 30, 2009. Option year two, if exercised, shall be effective July 1, 2009 through June 30, 2010. Option year three, if exercised, shall be effective July 1, 2010 through June 30, 2011. Option year four, if exercised, shall be effective July 1, 2011 through June 30, 2012. Actual option year pricing shall be negotiated with the successful Offeror(s) prior to exercising of any given option year. Option years shall become effective only upon issuance by the City of a duly authorized Purchase Order. Please provide detailed Firm Fixed Price cost information in the spaces provided below, and any other incidental or additional costs required to complete the Technical Specification requirements. EXHIBIT 1 RFP F-07-31 Bid Price to.. Provide Elevator Maintenance Service as specified in proposal: Year Dates 9; orice Per 9; orice Per 1 7/1/07 to 6/30/08 $ 1 950.00 Month $ 2'l. 400 00 Year 2 7/1/08 to 6/30/09 $ 2,028.00 Month $24,836.00 Year 3 7/1/09 to $ 2,109.00 Month $25,308.00 Year 6/30/2010 4 7/1/2010 to $ 2,193.00 Month $25,668.00 Year 6/30/2011 5 7/1/2011 to $ 2,281.00 Month $27,372.00 Year 6/30/2012 Grand Total (five-year contract) $ 126 584.00 Bid Price to.. Provide Escalator Maintenance Service as specified in proposal: Year Dates 9; orice Per 9; orice Per 1 7/1/07 to 6/30/08 $ 900.00 Month $10,800.00 Year 2 7/1/08 to 6/30/09 $ 936.00 Month $1l,232.00 Year 3 7/1/09 to $ 973.00 Month $1l,676.00 Year 6/30/2010 4 7/1/2010 to $ Month $ Year 6/30/2011 1,012.00 12,144.00 5 7/1/2011 to $ 1,052.00 Month $12,624.00 Year 6/30/2012 Grand Total (five-year contract) I $58,476.00 Contractor Time-To successfully provide the requirements of complete maintenance listed above, the contractor agrees to furnish a mechanic for an average of 17.25 hours per month and a helper for an average of 2 hours per month, exclusive of regular or overtime call back hours. Standard Billing Rates-For the purposes of determining overtime and bonus hours, please list your standard current hourly billing rates for your company. Time Straight time Straight time Straight time Time and One- Staff Mechanic Helper Repair Crew Mechanic Price $ 200.00 $ 160.00 $ 360.00 $ 340.00 Per Hourly rate Hourly rate Hourly rate Hourly rate half Time and One- half Double time Double time Double time Hel - EXHIBIT 1 RFP F-07-31 per $306.00 Hourly rate anic $ 400.00 Hourly rate per $360.00 Hourly rate Crew $ 760.00 Hourly rate tes listed above annuallv at the effective date ance with the labor portion as stated in this Mech Hel Repair Contractor may adiust the ra of rate adiustment in accord proposal. EXHIBIT 1 RFP F-07-31 Contractor's References-Please provide the following information for all work performed within the past 12 months for organization similar in size and scope of work to the City of San Bernardino. Oraanization Contact Address Phone Numbe LOMA LINDA, JERRY RIVINI S 10935 PARKLAND UNIVERSITY DIRECTOR, FA . LOMA LINDA, CA. (909) 558-455f CITY OF SAN BERNARDIN JIM SHARER 300 N. D STREET (909) 384-524~ SAN BERNARDINO, CA. UNIV. OF CAL. RIVERSID TOM MAHONE 3401 WATKINS DR. RIVERSIDE, CA. (951)827-5040 CITY OF RANCHO COCA. TY QUAINTANC 10500 CIVIC DR RANCHO CUCKONCA, CA (909)477-2730 CITY OF ONTARIO PATRICK MALL y 303 N. "B" STREET ONTARIO, CA. (909) 395-261, RIVERSIDE USD. ALAN WILLE 3380 14TH STREET RIVERSIDE, CA. (951) 788-103' Contractor's License-Attach a copy of your current contractor's license number. License Number Class Exoiration Date 737286 C-ll 6/30/2007 EXHIBIT 1 Sl:ale 0 C~IJIDrn.i1 (j n.:;. CONTRACTORS STATE lICENSE !lOA~D . ,n. . ACTIV! ~IC!/1SE .. '11-> .-~~ 737286 ... CORP ...___ NAES ACQUISITION CORPORAT10N ".--.,. ell , I .....1 tel ....--. 0613DI2007 .. " . -, ... _ . " , "",,-~ EXHIBIT 1 RFP F-07-31 Are there any other additional or incidental costs that will be required by your firm in order to meet the requirements of the Technical Specifications? Yes / ~,) . (circle one). If you answered "Yes", please provide detail of said additional cOSTs: Please indicate any elements of the Technical Specifications which cannot be met by your firm. "'I { A , Have you included in your proposal all informational items and forms as requested? ~/ 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 ~ % Net thirty (30) days. days; unless otherwise stated, payment terms are: In signing this proposal, Offeror 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: N" !'UJ Received on: Addenda No: Addenda No: AUTHORIZED SIGNATURE: PRINT SIGNER'S NAME AND TITLE: DATE SIGNED: COMPANY NAME & ADDRESS: PHONE: (714) 939-6516 EXHIBIT 1 RFP F-07-31 4/30/2007 NAES. DBA AMTECH ELEVATOR SERVICES 1550 S. SUNKIST STREET STE. "A" ANAHEIM, CA. 92806 FAX:(714) 939-6524 IF NOT SUBMITTING AN OFFER, PLEASE STATE REASON(S) BELOW: EXHIBIT 1 RFP F-07-31 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-07-31. Business Name NAES. DBA AMTECH ELEVATOR SERVICES Business Add "A". ANAHEIM, CA. Signature of Offeror NAME OF OFFEROR COVINA, CA. 91722 Place of Residence Subscribed and sworn before me this .3...."'- day of fY1t;. 'f 20..Q.L. b'1 ;::Jol1.., ~/'lIIC4Ct' I-Iodee... ::112., Notary Public in and for the County of (!) 1rCI"'-!'I "'- California. , State of My commission expires ~-eol-. 11.4 ,20~. ~d~J"' N H~...., , v 1,.1I L ~~-~~-~-~--~~r ii' J. BHANDERI 7'-"'-, Commission # 1439279 ~ :f8~~~ - ~ Notary Public ~ California ~ , , Orange County '" . My Comm. expires Sep 14, 2007 EXHIBIT 1 , . ~ April 5, 2007 SUBJECT: NOTICE INVITING PROPOSALS RFP F-07-31 The City of San Bernardino (City) invites proposals frorn qualified vendors for Elevator and Escalator Service Maintenance. Parties interested in obtaining a copy of this RFP F-07-31 may do so by accessing the City of San Bernardino Web Page at www.sbcitv.org on or after April 5, 2007, or by faxing their request to (909) 384-5043, attention: Deborah R. Morrow. Please include the following inforrnation in your request: name and address of firm; name, telephone and facsimile number of contact person; specify RFP F-07-31. Copies of the RFP may also be obtained by calling Deborah R. Morrow at (909) 384-5086, Sylvia Londean at (909) 384-5348, or in person at: Citv Hall, 300 N. "0" St., 4th floor, Purchasinq Division, San Bernardino, CA 92418. Mandatory Job Walk: There will be a mandatory Job Walk at 10:00 a.m., PST, Thursday, April 12, 2007. Proposals will onlv be accepted from those who have attended this iob walk. Location: City Hall, 300 North "0" Street, 4th Floor Purchasing Division, San Bernardino CA 92418. Closing Date: Proposals must be submitted at or before 3:00 p.m., PST, Thursday, May 3, 2007 at the address listed above. Issuance of this RFP and/or receipt of proposals does not commit City to award a contract. Sincerely, Deborah R. Morrow Administrative Services Manager II. Technical Specifications Minimum Proposer ReQuirements RFP F-07-31 All Proposers must: 1. Should have a representative at the proposal conference as referenced in this Request for Proposal (RFP). 2. Have specific expertise in Elevator and/or Escalator Maintenance and repair. 3. Have no record of unsatisfactory performance as evidenced by complaints filed with State of California Department of Consumer Affairs and any related local agencies. 4. Meet participation requirements listed in this RFP. Services Contractor agrees to furnish to the City full maintenance service on the following listed City elevators and escalators. ~ Electric Traction Electric Traction Electric Traction Hydraulic Passngr. Hydraulic Passngr. Hydraulic Passngr. Hydraulic Passngr. Hydraulic Passngr. Hydraulic Passngr. Hydraulic Passngr. ~ Electric Electric Qtv 1 1 1 1 1 1 1 1 1 1 Qtv. 1 1 Elevators Make U.S. Elevator U.S. Elevator U.S. Elevator U.S. Elevator Oliver & Williams Dover Dover Thyssen Krupp Dover Dover 10# 53804 53743 53742 53898 53873 79668 79669 108161 106447 106448 Escalators Make Montgomery Montgomery ID# 51050 51049 LandinQs & OpeninQs 8 in 8 8 in 8 8 in 8 2 in 2 5 in 5 2 in 2 2 in 2 2 in 2 2 in 2 2 in 2 Direction Up Down Location City Hall City Hall City Hall City Hall Parking Garage Feldheym Library Feldheym Library SB Stadium Police Bldg Police Bldg Location Carousel Mall Carousel Mall RFP F-07-31 Scope of Work Contractor shall furnish the following work and materials on the above reference elevators and escalators: 1. Provide complete maintenance service as is necessary to maintain said elevators and escalators in good working order. 2. Complete maintenance services shall apply to all parts of the elevators and escalators, including: machine, motors, generators, brushes, controller selectors, worm gears, thrust bearings, brake magnet, coils, resistances for operating and motor circuits, magnet frames, leveling devices, belts, guide rails and supports, brake shoes, windings, commontators, armatures, coils, contacts, sheaves, shafts, bearings, solid state components, interlocks, interlock wiring and contacts for car doors or gates, car door operation devices, push buttons, annuciators, indicators, hall lanterns, bulb replacements, hydraulic cylinder packing, plunger pumps, valves, step, step tread, comb segment, handrail and other elevator or escalator signal scheduling and accessory equipment complete, where included as part of the elevator or escalator installations. 3. Complete maintenance for escalators shall also include (in addition to the above) the repair or renewal of guide rollers, adjustment or replacement of chains, equalizing of chain tension, replacement of fuses, repair of wiring for shaftway, operating stations, and repair or renewal of other accessory equipment. 4. Complete maintenance for elevators and escalators shall include an annual "maintenance 91'1g 8v8FAElt:tI" service. This annual service shall meet industry standards and shall include a thorough inspection, leaning and lubrications. All lubricants, leaning materials, paint, and cotton waste, etc., are to be supplied by the contractors. All lubricants shall be the proper grade for the purpose used. Annual service is to be provided by one mechanic and one helper (one team) under the supervision of the Facilities Manager or his designated representative. 5. Complete maintenance for elevators and escalators requires that the contractor make periodic tests and maintenance inspections of all elevator and escalator equipment as required by current applicable safety codes for elevators and escalators. Written reports of said tests shall be submitted to the City. In the Case of running safety tests, prior notification shall be given so that a representative of the City may witness said tests or tests (if required). 6. Complete maintenance for elevators and escalators require that the contractor supply, repair clean and replace all parts of every description RFP F-07-31 made necessary by wear and tear. Only parts that are correctly designed and suitable in all respects shall be used. The contractors shall have and maintain on hand locally, a supply of spare parts sufficient for the normal maintenance and repair of the elevators and escalators. Car tops, elevator pits and equipment rooms shall be kept clean by the contractor. 7. Complete maintenance for elevators and escalators requires that the contractor examine and equalize tensions of all hoisting ropes, renew all hoisting ropes, including governor ropes whenever necessary to ensure maintenance of adequate safety factors as designated by the State Elevator Inspector. Contractor shall replace and/or repair all electrical wiring and conductors extended to the elevators and escalators from the main line switch in the machine room and outlets in the hoistways. The main line switch, except fuses for the same, is excluded. Contractor shall keep the guide rails clean and properly lubricates, except when roller type guides are involved. No rail lubrication shall be used on this type. The Contractor shall also renew guide shoe gibs and rollers required to ensure smooth and quiet operation. All oil reservoirs shall be kept properly sealed to prevent leakage. 8. Complete maintenance requires that the contractor keep the exterior of the machinery and any other parts of the equipment subject to rust, properly painted and presentable at all times. The motor windings and controller coils are to be periodically treated with proper insulation compound. 9. While providing complete maintenance service, contractor will not alter elevator or escalator equipment parts and OEM (original equipment manufacturer) design with other manufacturers unless OEM has discontinued the item and the parts are no longer available. Parts manufactured by companies other that the OEM, but supplies to the OEM as part of their overall product may be acceptable, if said part is of the same design and character. Relays, selector parts, coils, rollers, touch buttons, proximity edges, etc. are duplicated by other nationally recognized manufacturers. These proven suppliers may be recognized as equal, so long as their product matches the existing part and the contractor obtains the City's written consent prior to installing such parts. The cost of any alternative source, modification or addition of parts or equipment purchased by contractor shall be included in the monthly contract price paid by the City to the contractor and shall not be an additional charge to the City, unless the replacement is for a part or component that is no longer manufactured or available. System upgrades for the above reason will not be absorbed by the contractor and will be paid for by the City. This type of work will require prior written approval of the City and work will not commence until such approval is received. RFP F-07-31 10. Except for emergency call back service, contractor shall perform all work on elevators and escalator asked for herein, during the regular working hours of the trade. The City may require that all major elevator and escalator repairs be made during overtime hours, depending on the City's need for the equipment, with the overtime portion being paid by the City. 11. A copy of mechanics' and helpers' signed time tickets shall be left with the City's Facilities Manger following completion of each normal and callback service. Emergency adjustment and replacement of minor parts and call back services shall be available on a 365 day a year, 7 day a week, 24 hour a day basis. 1. Contractor shall provide emergency service, which shall consist of promptly responding (within one hour) to request from the City by telephone or otherwise, for emergency adjustment or callback service. 2. The City may request that the contractor correct trouble, which develops with the elevator or escalator equipment between regular routine examinations. Under such circumstances, the contractor will absorb the cost of all labor expended, at and in traveling to and from the jobsite in performing the corrective work, except premium on overtime (detailed below). 3. The City may request that emergency callback service or repair work covered under this agreement be performed on overtime. (Contractor shall absorb the straight-time Labor charges plus straight-time fringe benefits.) The City will pay the contractor for the bonus hours at his regular hourly billing rates based upon the time and one-half or double-time pay schedule on the latest IEUC standard agreement, Article IV contract service. Exclusions Contractor shall not be responsible for the following work: a) Repairs required because of negligence, accident or misuse of the equipment by anyone other than the contractor, his employees, subcontractors, servants or agents, or other causes beyond the contractor's control except ordinary wear and tear. b) Repair or replacement of building items, hoistway or machine room walls and floors, car enclosures, car finish, floor material, hoistway entrance frames, doors and sills, telephone equipment and signal fixture faceplates. c) Underground piping to include feedline, plunger, casing or false casing, wiring, and conduit. d) Escalatory balustrades, trim, moldings, lighting and powerlines to the escalator, and the cleaning and polishing of escalator handrails, steps and comb plates. RFP F-07-31 e) Mainline and auxiliary disconnect switches, fuses and feeders to control panels. f) 110 volt lamps for cars and machine room illumination. g) Safety tests other than indicated above. h) Installation of new attachments on the elevators whether or not recommended or directed by insurance companies or by governmental authorities. i) Servicing of the following equipment: car enclosures (including removable panels, door panels, gar gates, plenum chambers, hung ceilings, light diffusers, light tubes and bulbs, mirrors and carpets), hoistway, enclosures, hoistway gates, doors, frames and sills. Conditions/Liabilitv a) Nothing shall be construed to mean that the contractor assumes any liability on account of accidents to persons or property except those directly and solely due to negligent acts of the contractor or its employees. When not working in, about, or on the said equipment, the contractor does not assume the management or control thereof. Any time the contractor's service personnel is servicing the equipment, the contractor is asserting possession and control only over the specific component being serviced at any given moment. Possession and control of the remainder of the equipment shall remain with the City. Contractor shall hold the City, its elected and appointed boards, commissions, officers, agents and employees harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from contractor's performance and operations. Contractor shall defend the City and its elected and appointed boards, commissions, officers, agents and employees from any suites or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid operations. b) The contractor shall, at its own expense, during the term of the agreement, maintain public liability insurance in the amount of $1,000,000 for injury or death to anyone person subject to the limit of $1,000,000 for anyone accident, and property damage insurance in the amount of not less that $1,000,000. Policies or certificates evidencing the above required coverage shall be filed with the City and shall include the city as an additional insured. c) The contractor shall not be held responsible or liable for any loss, damage, detention, or delay caused by accidents, strikes, lockouts, fire, floods, acts of civil or military authorities, or by insurrection or riot, or by any other cause that is unavoidable or beyond its control. In no event shall contractor be liable for consequential damages. d) The City agrees to give the contractor twenty-four (24) hours notice of any accident, alteration or change affecting the equipment of which the City has knowledge. The City also agrees to discontinue the equipment from service immediately, when it becomes unsafe or operates in a manner that might RFP F-07-31 cause injury to a user thereof. The City also agrees to maintain surveillance of the equipment for such purposes. e) In the event of a suit by the contractor or the City under the agreement or damages for its breach, the prevailing party shall be entitled to recover as part of the judgement in any such action reasonable attorney's fees and costs of the suit. f) Term-Agreement shall commence on July 1, 2007 and continue thereafter for a term of one (1) year, with four (each) optional one-year renewals. However, the agreement shall automatically terminate at the end of any City fiscal year in the event the Mayor and Common Council of the City fail to allocate funds for the purpose of the agreement. Inspection of Work The City shall have the right at all times to inspect or otherwise evaluate the work being performed and parts or equipment used by the Contractor. The City reserves the right to reject materials and workmanship found, at City's sole discretion, to be unacceptable. Contractor shall immediately remedy unacceptable workmanship at no expense to City. Damaae to City Property. Facilities. Buildinas or Grounds The Contractor shall repair, or cause to be repaired, at its own cost, and all damage to City vehicles, facilities, buildings or grounds caused by the willful or negligent acts of Contractor or employees or agents of the Contractor. Such repairs shall be made immediately after contractor becomes aware of such damage, but in no event later than thirty (30) days after the occurrence. If the Contractor fails to make timely repairs, The City may make any necessary repairs. All costs incurred by the City, as determined by the City, for such repairs shall be repaid by the Contractor by cash payment upon demand or City may deduct such costs from any amounts due to the Contractor from the City. Air. Water Pollution Control. Safety and Health Contractor shall comply with all air pollution control, water pollution, Safety and Health Ordinances and statutes which apply to the work performed pursuant to this contract, including any requirements specified in state government codes. Drua & Alcohol Free Workplace In recognition of individual rights to work in a safe, healthful and productive work place; as a material condition of this agreement, the Contractor agrees that the Contractor and the contractor's employees, while performing service for the City, on City property, or while using City equipment: . Shall not be in any way impaired because of being under the influence of alcohol or a drug. RFP F-07-31 . Shall not possess an open container of alcohol or consume alcohol or possess or be under the influence of an illegal drug. . Shall not sell, offer, or provide alcohol or a drug to another person. This shall not be applicable to a Contractor or Contractor employee who, as part of the performance of normal job duties and responsibilities, prescribes or administers medically prescribed drugs. The Contractor shall inform all employees that are performing service for the City on City property, or using City equipment, of the City objective of a safe, healthful and productive work place and the prohibition of drug or alcohol use or impairment from same while performing such service for the City. The City may terminate for Default or Breach this Agreement and any other Agreement the Contractor has with the City, if the Contractor, or Contractor employees are determined by the City not to be in compliance with above. Nonexclusive AQreement This is not an exclusive Agreement. The City reserves the right to enter into an Agreement with other contractors for the same or similar services. The City does not guarantee or represent that the Contractors will be permitted to perform any minimum amount of work, or receive compensation other than on a per vehicle basis, under the terms of this Agreement. Notice of Delavs Except as otherwise provided herein, when either party has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, that party shall, within twenty-four (24) hours, give notice thereof, including all relevant information with respect thereto, to the other party. Improper Consideration Vendor shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to, cash, discounts, service, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the City in an attempt to secure favorable treatment regarding the award of this proposal. The City, by written notice, may immediately terminate any contract resulting from this proposal process if it determines that any improper consideration as described in the preceding paragraph was offered to any officer, employee or agent of the City with respect to the proposal and award process. This RFP F-07-31 prohibition shall also apply to any amendment, extension or evaluation process once a contract has been awarded. Vendor shall immediately report any attempt by a City officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from Vendor. The report shall be made to the supervisor or manager charged with supervision of the employee or to the City Administrative Office. In the event of a termination under this provision, the City is entitled to pursue any available legal remedies. Conflict of Interest Contractor represents and warrants that no City employee whose position in the City enables him/her to influence the award of this contract or any competing contract, and no spouse or economic dependent of such employee is or shall be employed in any capacity by the Contractor herein, or does or shall have any direct or indirect financial interest in this contract. Record Retention and Inspection The Contractor agrees that the City or any duly authorized representative shall have access to and the right to examine, audit, excerpt, copy or transcribe any pertinent transaction, activity, time cards or other records relating to this contract as is authorized by law, except that patient confidentiality will not be violated. Records will be retained for at least the length of time specified by law. Revisions. Amendments and Rate Adiustments Any amendment to this contract including but not limited to prices or rates may only be provided by written amendment executed by authorized parties hereto. Validitv The invalidity in whole or in part of any provision of this contract shall not void or affect the validity of any other provision. Waiver No waiver of a breach of any provision of this contract by the City shall constitute a waiver of any other breach or of such provision. Failure of the City to enforce at any time or from time to time any provision of this contract shall not be construed as a waiver thereof. The remedies herein reserved to the City shall be cumulative and additional to any other remedies in law or in equity. RFP F-07-31 Default for Insolvency The City may cancel forthwith this contract for default in the event of the occurrence of any of the following: . I nsolvency of the Contractor. The Contractor shall be deemed to be insolvent if it has ceased to pay its debts in the ordinary course of business or cannot pay its debts as they become due, whether he/she has committed an act of bankruptcy or not, and whether insolvent within the meaning of the Federal Bankruptcy Law or not; . The filing of a voluntary petition to have the Contractor declared bankrupt; . The appointment of a Receiver or Trustee for the Contractor; or . The execution by the Contractor of an assignment for the benefit of its creditors. The rights and remedies of the City provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. Default The City may, by written notice of default to the Contractor, terminate the whole or any part of this contract in anyone of the following circumstances: . If the Contractor fails to perform the services within the time specified herein or any extension thereof; or . If the Contractor fails to perform any of the other provisions of this contract, or so fails to make progress as to endanger performance of this contract in accordance with its terms, and in either of these two circumstances does not cure such failure within a period of ten (10) days (or such longer period as the City may authorize in writing) after receipt of notice from the City specifying such failure. In the event the City terminates this contract in whole or in part as herein of this clause, the City may procure, upon such terms and in such manner as the City may deem appropriate, services similar to those so terminated, and the Contractor shall be liable to the City for any excess costs for such similar supplies or services; provided that the Contractor shall continue the performance of this contract to the extent not terminated under the provisions of this clause. RFP F-07-31 If, after notice of termination of this contract under the provisions of this clause, it is determined for any reason that the Contractor was not in default under the provisions of this clause, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to a termination for convenience. The rights and remedies of the City provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. Confidentialitv Contractor shall maintain the confidentiality of all its records including, but not limited to, billings and City records, in accordance with all applicable Federal, State and City laws, regulations, ordinances and directives relating to confidentiality. Contractor shall inform all of its officers, employees, and agents providing services hereunder of the confidentiality provisions of this contract. . . RFP F-07-31 V. GENERAL SPECIFICATIONS 1. Each proposal shall be in accordance with Request for Proposals (RFP) Number RFP F-O?- 31. All specifications are minimum. Offerors are expected to meet or exceed these specifications as written. Offeror shall attach to 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 who best meets our 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 or Offerors 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. 3. The City of San Bernardino reserves the right to purchase more or less than the quantities specified at unit prices offered. 4. Proposals shall be firm offers, subject to acceptance or rejection within 90 days of the opening thereof. 5. Regular dealer. No Offeror shall be acceptable who is not a reputable manufacturer, dealer or provider of services of such items as submitted for proposal consideration. 6. 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 shall submit with his proposal a copy of the proposed product specifications, complete detailed drawings, and other descriptive matter in sufficient detail to clearly describe the equipment, materials, services and parts offered. 8. Manufacturer and/or Contractor (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 must state in his 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 offered items at the earliest possible date following the award of the contract. 10. Each Offeror shall list in his 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. II. Contractor shall furnish and deliver to the City complete equipment and/or services 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. Offer shall include California sales tax, where applicable, computed at the rate of 7.75%, and an additional City of San Bernardino Transactions and Use Tax computed at the rate of 0.25%, where applicable (this will normally be shown as a separate line item on the price form). 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 Offerors priced invoice. 14. All "standard equipment" is included in any offer. Offerors furnishing proposals under these specifications shall supply all items advertised as "standard" equipment and/or services even . .. RFP F-07-31 if such items are not stipulated in the specifications, unless otherwise clearly excepted in the proposal. 15. The items which the Offeror 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 and/or services pursuant to this RFP specifications shall guarantee that equipment and/or services meet specifications as set forth herein. If it is found that equipment and/or services delivered do not meet requirements of these specifications the Contractor shall be required to correct the same at their own expense. 17. By submitting a bid, each Offeror 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. 18. 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 Administrative Services Manager 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 offered and in complete accordance with all provisions of RFP F-07-31. 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 confiict 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 notice inviting proposals, RFP F-07-31, the contractor's proposal, the written agreement executed by the parties, the purchase order and all documents referred to in the complete specifications and purchase order, and all modifications of said documents shall be construed together as one document. Anything called for in anyone 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 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 may stipulate in the 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 bid evaluation in the case of ties. 24. Inquiries. Direct all inquiries to Deborah R. Morrow at 909-384-5086. Technical questions may be sent via fax to 909-384-5043. The answers to material questions will be provided to all potential Offerors. 25. Proposal/Price forms. No proposal will be acceptable unless prices are submitted on the pricing forms furnished herein, the pricing forms are submitted in a separate sealed envelope, \ " <" . RFP F-07-3l and all required forms are completed and included with proposal. Deliver all proposals, signed and sealed to the Purchasing Division, Finance Department at 300 North "0" Street, 41h Floor, City Hall, San Bernardino, California 92418. CLEARLY MARK THE SPECIFICATION TITLE "Elevator and Escalator Service Maintenance" AND NUMBER RFP 1"-07-31 ON THE OUTSIDE OF THE ENVELOPE. 26. Time. All proposals must be received in the Purchasing Division no later than 3:00 p.m. PST, May 3, 2007, where at such time and said place proposals will be publicly opened, examined and declared. Any proposal may be withdrawn by Offeror 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 offered. 29. In submitting a proposal to a public purchasing body, the Offeror 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 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. 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 Manager 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. 32. "'^ITHFUL PER"'O'RMMICE BOND. Not reauired. Tho ContraGtor '",ill se re~uirod to furnish a cashior's GhoGk, Gertifiod chocl{ or failhful performance sOREi maae payablo to the Cily of San Bernardino in an ameunt equal to 1 99~t ef the proposal price Ie insure Ihe Gonlractor's fuithful performanco of Ihis conlraGt. Saia suroty shall se suBject Ie Iho approval of tho City of San Bernardino, bonds shall se in accGrdanco with OrainanGe ~lo. 821, Soction 2199, ana Iho corpGrnlion issuin~ saia sond shall have a ratinll in Bost's most rOGent insurance ~uido of "/\" orbotlor. 33. Written contract documents, duly authorized and signed by the appropriate authority, constitute the complete and entire agreement(s) that may result from the RFP. 34, City may, at its discretion, exercise option year renewals for up to 4 years, in one-year increments. 35, By submitting a proposal, Offeror 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 currentiy held by Offeror, and are valid and in full force and effect. Copies or legitimate proof of such licensure and/or certification shall be included in Offerors proposal. Proposals lackinq copies and/or proof of said licenses and/or certifications may be deemed non.responsive and may be reiected. ~