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HomeMy WebLinkAbout2008/05/06 Item 6 CITY COUNCIL AGENDA STATEMENT ~\'1::. CITY OF .i?i:E (HULA VISTA 05/0612008 Item~ ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATnJG $325,000 FROM THE AVAILABLE BALANCE OF THE TRAFFIC SAFETY FUND FOR THE PURCHASE OF TRAFFIC SAFETY EQUIPMENT SUBMITTED BY: REVIEWED BY: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF II POLICE MOTORCYCLES TO HUNTINGTON BEACH HONDA CHIEF OF POLICE~ "DL...ePf, CITY MANAGER 4/5THS VOTE: YES X NO SUMMARY The City of Chula Vista Police Department receives funds from each traffic related ticket that is written. These funds are deposited into the Traffic Safety Fund. The Police Department is requesting to appropriate $230,000 from the Traffic Safety Fund for the purchase of police motorcycles and to accept bids and award a contract for the purchase of II police motorcycles to Huntington Beach Honda. The department is also requesting an additional appropriation of $95,000 from the Traffic Safety Fund to purchase traffic safety equipment. ENVIRONMENTAL REVIEW This proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it has been determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION Council adopt the resolutions. 6-1 05/06/2008, Item~ Page 2 of4 BOARDS/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION The City of Chula Vista receives funds from each traffic ticket that is deposited into a special Traffic Safety Fund. Funds from the Traffic Safety Fund "shall be used exclusively for official traffic control devices, the maintenance thereof, equipment and supplies for traffic law enforcement and traffic accident prevention..." (CVC 42200). The department proposes utilizing these funds to purchase 11 police motorcycles and additional traffic safety equipment such as LIDAR (light detecting and ranging) speed detection devices, electronic ticket writers, traffic accident reconstruction equipment, a traffic safety supplies trailer, and miscellaneous safety equipment for the Traffic Enforcement Unit. Police Motorcvcles The Police Department currently rides Kawasaki KZIOOO police motorcycles. Although these motorcycles have been a reliable and adequate motorcycle for traffic patrol, Kawasaki ceased making the police motorcycle in 2005. The current fleets of Kawasaki's are at the end of their life expectancy. That left only three manufactures of a police ready motorcycle. BMW, Honda and Harley-Davidson all produce a police version motorcycle for police departments. Staff from the departments Traffic Unit researched each of the remaining manufacturers to determine the best replacement motorcycle for the department. The table on the next page provides a brief summary of the [mdings for each manufacturer of police motorcycles. . . ". .." BMW Performance capability, agile, Expensive (both Overall a good police motorcycle, reliable, ABS Brakes purchase and however very expensive to maintenance), lack of purchase and maintain in local maintenance (only comparison to other brands. 2 shops in County work on BMW's - none in Chula Vista or immediate area) Honda Performance capability, agile, New to the police Overall good police motorcycle. reliable, ABS Brakes, Local repair motorcycle business Reliable and less expensive to facilities, history oflow maintain than BMW and Harley- maintenance fee's Davidson Harley- -- Heavy, reliability is a Weight and lack of Davidson concern, maneuverability maneuverability are serious is hampered due to concerns for daily motor patrol. weight The Department has decided to purchase the Honda STl300P police motorcycle. The STl300P provides sufficient of power, maneuverability and solid Honda craftsmanship which will result in lower maintenance costs than the comparable BMW police 6-2 05/06/2008, Item~ Page 3 of 4 motorcycle. There is also a Honda dealership within the City limits which will allow for easier maintenance and upkeep of the Honda motorcycles. The closest BMW dealer is on El Cajon Blvd off of the 15 freeway (11 miles one way). This proposal will also require the purchase of two new police radios to complete the outfit of all the motorcycles. A majority of the radios that are currently in use will be transferred over to the new motorcycles; however two radios will need to be replaced. Staff is also recommending appropriation of funds to pay for a maintenance contract to maintain the current fleet of Kawasaki's until the full complement of Honda's are received. There is not an in-house mechanic that is certified to work on motorcycles. Staff received only one bid based upon a Request for Proposal (RFP). The bid was reviewed to ensure compliance with the RFP. Based upon this review and low cost, Huntington Beach Honda is recommended to receive the contract for the purchase of these motorcycles. Huntington Beach Honda has guaranteed 2008 prices for the 2009 model year motorcycles that will be purchased. Traffic Safetv Trailer The Traffic Unit is also in need of a new traffic safety trailer to carry various traffic control supplies. The current trailer is in very poor condition and repairs would not be feasible due to extensive corrosion and rusting throughout the frame. The new trailer will be able to haul safety cones, delineators and can also serve to transport other small vehicles/equipment (motorcycles, electric car, etc) when required. LIDAR The Department is in need of new LIDAR (light detecting and ranging) units. LIDAR is similar to RADAR, except it uses a beam of laser light to calculate vehicle speed. The Department would like to purchase 20 portable LIDAR units to enhance the Departments ability to conduct speed enforcement operations. These LIDAR units have been tested and are compact enough to either fit in the small cargo bags ofthe motorcycles, or held in a small case if used by regular patrol officers. The addition of these 20 LIDAR units will enhance the 4 units that are available to regular patrol officers (each motor officer currently has one radar unit). Collision Investigation and Crime Scene Diagramming Software The department currently utilizes collision investigation and crime scene diagramming software which is approximately seven years old and is not supported anymore by the manufacturer. Many technology updates have occurred since we purchased the software which makes it much more effective and user friendly, which translates into more officers being able to utilize the software and more data being extracted from a collision investigation. Along with the data collected from a crash data retrieval hardware which will also be purchased, accident investigators will have the latest tools to improve the investigations and reduce the amount of time it takes to complete an investigation. Crash 6-3 05/06/2008, Item~ Page 4 of 4 data retrieval hardware pulls information from the "black box" of vehicles. This includes speed of vehicle, whether the car was operating normally, etc. This data is invaluable to investigators when trying to determining fault at an accident. Other Safetv Equipment The Department will also utilize funds to purchase various smaller cost items for the Traffic Unit such as helmets, headsets, flashlights (for traffic control), etc. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations section l8704.2(a)(1) is not applicable to this decision. FISCAL IMPACT Approval of this resolution will result in the appropriation of $325,000 from the available balance of the Traffic Safety Fund. There will be no impact to the general fund. Any savings that result from the procurement process will revert back to the Traffic Safety Fund balance. There will be a savings of approximately $60,000 per year to the Vehicle Replacement fund for the next three fiscal periods as no new motorcycles will need to be purchased as part of the normal vehicle replacement program. The Department will also stager the replacement of the new motorcycles to minimize the impact on the Vehicle Replacement fund once the motorcycles are due for replacement (estimated six year replacement cycle). ATTACHMENTS ATTACHMENT A: Request for Proposal for Honda ST1300P Motorcycles Prepared by: Edward Chew, Administrative Services Manager, Police Department 6-4 A -\-i-cc\Im en+-- A BID NO. 7-07/08A 1 ~\ft.. --- ~ 0lY Of CHULA VISTA NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN, THAT SEALED PROPOSALS ON A FORM OBTAINED FROM THE PURCHASING DIVISION WILL BE RECEIVED UNTIL 11:00A.M. ON THE 16th DAY OF APRIL, 2008 AT WHICH TIME THE PROPOSALS WILL BE PUBLICLY OPENED AND READ FOR FURNISHING THE CITY OF CHULA VISTA: HONDA ST1300 PA6 POLICE SPECIAL MOTORCYCLES WITH ACCESSORIES ALL BIDDERS ARE HEREBY REFERRED TO THE BIDDING INSTRUCTIONS, GENERAL PROVISIONS, SPECIFICATIONS, AND TERMS AND CONDITIONS ON FILE IN THE OFFICE OF THE PURCHASING DIVISION FOR FULL DETAILS AND DESCRIPTION OF MATERIALS AND/OR SERVICES REQUIRED. FOR FURTHER INFORMATION AND COPIES OF BIDDING INSTRUCTIONS, CONTACT THE PURCHASING DIVISION. Address: CITY OF CHULA VISTA PURCHASING DIVISION 276 FOURTH AVENUE CHULA VISTA, CA 91910 (P) 619/691-5141 (F) 619/691-5149 ALL BIDS MUST BE SUBMITTED TO THE PURCHASING DIVISION IN SEALED ENVELOPES PLAINLY MARKED WITH THE BID NUMBER AND TIME SET FOR OPENING. BIDS RECEIVED AFTER THE TIME SET FOR OPENING WILL BE REJECTED. BID OPENING WILL BE IN THE FINANCE DEPARTMENT CONFRENCE ROOM N-144, 276 4TH AVENUE, CHULA VISTA CA, 9191 0 AT 11 :30 A.M. ON WEDNESDAY, APRIL 16, 2008. THE CITY RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS OR ANY PORTION OF ANY BID, OR TO WAIVE ANY IRREGULARITIES OR INFORMALITIES IN THE BIDS OR IN THE BIDDING. SUZI BROOKS. PURCHASING AGENT DATED: MARCH 21, 2008 6-5 BID NO. 7-07/08A ~\~ --- 2 ~ 01Y Of CHUlA VISfA BID AND OFFER TO CONTRACT THE BIDDER, HEREINAFTER SOMETIMES CALLED CONTRACTOR OR VENDOR, SUBMITS A BID AND OFFERS TO ENTER INTO THIS CONTRACT WITH THE CITY OF CHULA VISTA, HEREINAFTER CALLED CITY, THIS 16TH DAY OF APRIL, 2008 AS FOLLOWS: THIS BID AND OFFER, SUBJECT TO THE SPECIFICATIONS, TERMS AND CONDITIONS, AND GENERAL PROVISIONS HEREIN, WHEN DULY ACCEPTED BY THE CITY SHALL CONSTITUTE THE CONTRACT BETWEEN THE PARTIES. IN CONSIDERATION OF THE PAYMENTS TO BE PROVIDED BY THE CITY, AND IN ACCORDANCE WITH THE CONDITIONS EXPRESSED IN THE BID FORMS AND SPECIFICATIONS ATTACHED AND BY THIS REFERENCE INCORPORATED HEREIN, CONTRACTOR AGREES TO FURNISH HONDA ST1300 PA6 POLICE SPECIAL MOTORCYCLES WITH ACCESSORIES TO THE CITY OF CHULA VISTA. 6-6 BID NO. 7-07/08A ~\(?- --- 3 ~ OTY OF CHUlA VISfA BID FORM THE UNDERSIGNED HEREBY OFFERS, SUBJECT TO ALL SPECIFICATIONS, TERMS AND CONDITIONS, AND GENERAL PROVISIONS HEREIN, TO FURNISH THE CITY OF CHULA VISTA THE FOLLOWING: Lot 1 Est Otv 11 Ea Description Honda ST1300PA6 Police Special Motorcycles with accessories in accordance with the attached specifications Unit Cost Extension Yr., Mfr., Model Delivery Warranty Days ARO Parts, Labor $ $ State of California tire recycling fee $ $ TOTAL $ Warranty period shall include all factory and aftermarket installed items. 6-7 BID NO. 7-07/08A ~\f?. --- 01Y OF CHUlA VISIA 4 The City is considering the trade-in the following Kawasaki KZ1000 police specials: Lot 2 YEAR 2002 2002 2002 2002 2002 2002 2001 1999 1999 1997 1996 1995 *Mileage as of Feb 1, 2008 TOTAL LOT 1 $ TOTAL LOT 2 GRAND TOTAL $ MAKE/MODEL KAW/KZ1000 KAW/KZ1000 KAW/KZ1000 KAW/KZ1000 KAW/KZ1000 KAW/KZ1000 KAW/KZ1000 KAW/KZ1000 KAW/KZ1000 KAW/KZ1000 KAW/KZ1000 KAW/KZ1000 ($ MILEAGE* 33,173 65,472 64,394 39,184 32,139 34,922 58,023 26,485 59,336 48,133 48,233 41,562 ) CITY EQ# 1030 1028 1032 1029 T2 T3 T4 1026 1022 1021 1024 1017 T1 TOTAL TRADE-IN VALUE $ $ $ $ $ $ $ $ $ $ $ $ $ The trade-in option will only be allowed if it is determined to be in the overall best interest of the City of Chula Vista. The City will be the sole judge to determine if prices offered are fair and reasonable. Payment Terms Terms: 0/0 Days Prompt payment discounts offered for less than fifteen (15) days will not be considered in evaluating bids for award. However, discounts offered of less than fifteen (15) days will be taken if payment is made by the City within the discount period. In the absence of terms, payment shall be Net Thirty (30) Days. 6-8 BID NO. 7-07/08A ~\r?- --- 5 01Y OF CHUlA VISTA Additional Motorcycles Does bidder agree to provide additional motorcycles at the same prices, terms, and conditions listed through December 31, 2008? Yes No If No, how long are prices firm for additional? Public Agency Participation Other public agencies (e.g. city, county, public corporation, political subdivision, school district, or water authority) may want to participate in any award as a result of this bid. The City of Chula Vista shall incur no financial responsibility in connection with any purchase by another public agency. The public agency shall accept sole responsibility for placing orders and making payments to the successful bidder. This option will not be considered in bid evaluation. Please indicate whether this will be granted. Yes No Alternate Fuel Option The City of Chula Vista is committed to purchasing clean fuel vehicles when economically feasible. As a result, alternate fuel options may be submitted as a separate attachment. Price, availability, and warranty information should be provided. The City will evaluate alternate fuel options presented, and reserves the right to purchase alternate fuel vehicles when in the City's best, overall, interest. 6-9 BID NO. 7-07/08A ~\ft.. -fi- 6 (J1Y OF CHULA VISrA The following section must be filled in completely: Company Name Address City State Zip Telephone Fax Name(Print) Title Signature Date Email address Web address 6-10 BID NO. 7-07/08A ~\f? -~- 7 01Y Of CHUlA VlSrA GENERAL CONDITIONS Delivery Instructions Vehicles bid shall be delivered complete and ready for operation. Vehicles shall be delivered with all documentation required by the California Department of Motor Vehicles for registration. Four (4) sets of keys shall be provided for each vehicle at no additional cost to the City. Vehicles shall be completely lubricated and fueled. In addition, all pre- delivery checks, services, and break-ins shall have been performed. State length of delivery time after receipt of order in space indicated on the Bid Form. Excessive delivery time, as determined solely by the City, may be grounds for rejection of bid. All new motorcycles shall be delivered at one (1) time. If trade-in option is allowed, pickup location of trade-in motorcycles shall be at FOB Point. Transportation costs for trade-in motorcycles shall be the responsibility of the successful bidder. FOB Point Prices quoted shall be FOB Destination. Receiving hours are 7:30 a.m. to 3:00 p.m., Monday through Friday. Ship-to point is: City of Chula Vista Equipment Maintenance Division 1800 Maxwell Road Chula Vista, CA 91911 Firm Prices Prices shall remain firm for vehicles specifically listed for a minimum of ninety (90) days from the bid opening date. Local Business Consideration Per the Chula Vista Municipal Code, Chapter 2.56.090, letter G, In accordance with Section 1011 of the Charter, in the event two or more bids are received which are for the same total amount or unit price and in all other respects are equal, the contract shall be awarded to a local bidder. In the event, however, that such tie bids are all from vendors either wholly inside or all outside of the city, then the contract shall be awarded by drawing lots in public. In evaluating bids for award, the City of Chula Vista considers the 1 % sales tax allocated back to the City from vendors located in Chula Vista. 6-11 BID NO. 7-07/08A ~v?- -11- 8 CI1Y OF CHUlA VISTA Business License A business license is required in the City of Chula Vista by any person who transacts, engages in or carries on any business within the corporate limits of the city (Chula Vista Municipal Code 5.02.020). Bid Submittal Within ten (10) calendar days following award of contract, the successful bidder shall provide the following additional documents: 1. Commercial Liability, Property Damage, and Automobile Insurance 2. Worker's Compensation Insurance Declaration 3. City of Chula Vista Business License 6-12 BID NO. 7-07/08A ~\~ -n- -- ~ 9 mY Of CHULA VlSfA Item 1 Specifications for Eleven (11) Honda ST1300PA6 Police Special Motorcycles with accessories These specifications describe eleven (11) new and unused Honda ST1300PA6 Police Special Motorcycles with accessories of current production model, with the latest standard design features. The motorcycles shall have the regular manufacturer's guarantee against defects in materials and workmanship. A copy of the warranty shall be included. The new vehicle warranty shall start the date the City of Chula Vista puts the unit into service. Any repairs or replacements required under these provisions shall be made promptly and to the satisfaction of the City's Fleet Manager and without cost to the City. The motorcycles shall be delivered fully serviced and ready for operation. The omission of any standard feature description shall not alleviate the bidder from the responsibility of furnishing a complete unit with all standard equipment of the manufacturer's latest improved model in current production. The silence of these specifications as to any details or the omission from them of a detailed description concerning any point shall be regarded as meaning that only quality material and correct type, size, and design are to be used. All workmanship is to be of first quality using standard motorcycle fabrication and assembly practices. All interpretations of this specification shall be made upon the basis of this statement. The following specifications are the minimum acceptable specifications. When the factory printed literature does not comply with these specifications, but the specifications must be met by modification, then such modifications must be stated in writing and submitted as part of the bid. The bidder's specification check-off sheet must be filled in completelv bv bidder. 6-13 BID NO. 7-07/08A 10 01Y OF CHUlA VISfA GENERAL CONSIDERATIONS It is the intent of these specifications to describe a Honda ST1300PA6 Police Special Motorcycle with accessories. MOTORCYCLE The motorcycle shall be a Honda ST1300PA6 Police Special of current production year. LIGHTS Front Facing by Windshield . 1 ea red facing forward (steady) Predator II SSM . 1 ea blue facing forward (flashing) Predator II SSM . 1 ea Headlight Wig Wag Flasher Shall include stainless steel mounting and hardware Side Mounted . 1 ea blue on left side of front lower cowl (flashing) Predator II SSM . 1 ea red on right side of front lower cowl (flashing) Predator II SSM . 1 ea blue surface mount on right side of radio box (flashing) Predator II SSM . 1 ea red surface mount on left side of radio box (flashing) Predator II SSM Shall include stainless steel mounting and hardware Rear of Motorcycle . 1 ea red and blue alternating flashing mounted high on rear Predator II DGS . 1 ea red flashing light on dash to warn of rear lights being on 1300-12vbfr . 1 ea license plate frame with integrated dual led brake and taillights and dual blue/red marker (pursuit) lights Shall include stainless steel mounting and hardware SIREN . 1 ea Unitrol UM80K siren with wail, yelp, PA and air horn integrated . 1 ea compact electronic speaker . 1 ea siren mount 1300-spk . 1 ea Unitrol power supply for siren UM80K . 1 ea ST13 wiring harness 1300-harness All siren brackets and mounting hardware shall be included in unit cost 6-14 BID NO. 7-07/08A ~\~ --- 11 01Y OF CHUIA VISTA ACCESORIES 1 set chrome front fairing and engine guards 1300-001 1 set chrome rear saddlebag guards 1300-002 1 pr Honda line heated handgrips 1 ea Honda line accessory harness for handgrips 1 ea Honda line 12 volt DC accessory outlet 1 ea Stream light LED rechargeable flashlight with DC charger SL20-XLED #20203 1 ea . flashlight holder on right front guard 1 ea . notepad holder mounted on fuel tank 1 ea . citation book holder 1 ea . baton holder on right front guard 1 ea . Pro Laser III holder mounted on right front guard 1 ea . radio push to talk button mounted on left handlebar 'Note: City representative shall pre-approve product type and mounting location BATTERY UPGRADE 1 ea high output battery 1 ea battery modification kit 1 ea Honda line battery charger EMERGENCY SIREN AND LIGHTING WIRING Emergency light/siren wired and color combination as follows: Position 1 - rear facing lights Position 2 - all lights Position 3 - yelp momentary Position 4 - wail on/off Position 5 - Garage Door Opener Air horn shall be wired to stock horn button BOOKS. MANUALS AND TECHNICAL INFORMATION Complete and accurate copies of the following items shall be furnished at the time of delivery of motorcycles to the City of Chula Vista. 11 ea Operator instruction manual 11 ea Complete maintenance manual 11 ea Lubrication instructions 3 ea Illustrated parts book 3 ea Air and hydraulic piping diagrams 3 ea Complete electrical schematics for the motorcycle, to include added accessories 1 ea Software and hardware compatible to diagnose engine and transmission performance 6-15 BID NO. 7-07/08A ~\ft.. --- 12 ~ CllY OF CHUIA VISTA Paint Lower front cowls and radio box shall be gloss black, remainder of paint shall be white RADIO INSTALLATION Install Motorola radio's and related equipment, provided bv the City. The City to provide radios, control heads and the following (Specific mounting instructions are indicated by italics): 11 ea Radios to be installed in radio box 11 ea Mobile radio interface w/PA broadcast PVP # PVSP-STP-U8/C 11 ea Radio control head bracket PVP # PVBracket-stcontrol (control head to be mounted on handle bars) 11 ea Antenna 3db low profile 762-870 mhz Motorola # HAF4018A 11 ea Microphone clip and bracket (to be mounted on left side of radio head) 11 ea Garage door opener (318 mhz) Keystone # P220-1 KA (to be hardwired to 12-volt power source, utilizing existing position "5" button on right handlebar or installing button if needed) 11 ea Radio power cable Motorola# HKN6032A 11 ea W7 Control head cable to radio Motorola# HKN6062B 11 ea Radio trunnion for Astro Digital Spectra Motorola# 0780086N02 11 ea Cable assembly Motorola # 308001 OR02 11 ea Radio trunnion for XTL 5000 Motorola # HAN6861 B 11 ea Millennium accessory connector plug Motorola # HLN6890A 11 ea W4 XTL 5000 radio remote mount Motorola# M20URSQPWIAN 22 ea 8 ohm speakers (installed in fairing with on/off switch) All additional mounting hardware shall be included in unit cost 6-16 BID NO. 7-07/08A ~\f? -f!- 13 01Y OF CHULA VJSrA Item 1 Specification Check-Off List Bidders Must Complete AI/Items On The Check-Off List Motorcvcle Completely as specified: yes no . alternatives listed below Front Iiahtina Completely as specified: yes no . alternatives listed below Side Iiahtina Completely as specified: yes no . alternatives listed below Rear Iiahtina Completely as specified: yes no , alternatives listed below Siren Completely as specified: yes no . alternatives listed below Radio Complete as specified: yes no . alternatives listed below Accessories Completely as specified: yes no . alternatives listed below Paint Completely as specified: yes no . alternatives listed below 6-17 BID NO. 7-07/08A 14 CI1YQf CHUlA V1SP. GENERAL PROVISIONS Please Read Carefully These Provisions Are a Part of Your Bid and any Contract Awarded The bidder agrees that: A. Bidder has carefully examined the specifications, and all provisions relating to the item(s) to be furnished or the work to be done; understands the meaning, intent, and requirements; and B. Bidder will enter into a written contract and furnish the item(s) or complete the work in the time specified, and in strict conformity with the City of Chula Vista specifications for the prices quoted. Note: Bidder is defined as any individual, partnership, or corporation submitting a bid, proposal, or quotation in response to a request for bid, request for proposal, or request for quotation. A bidder may also be referred to as consultant, contractor, supplier, or vendor. 1. Prices: All prices and notations must be in ink or typewritten. Mistakes may be crossed out and corrections typed or written with ink adjacent to the error; the person signing the bid must initial corrections in ink. Bids shall indicate the unit price extended to indicate the total price for each item bid. Any difference between the unit price correctly extended and the total price shown for all items bid shall be resolved in favor of the unit prices, except when the bidder clearly indicates that the total price for all items bid is based on consideration of being awarded the entire lot and that an adjustment of the total price is being made in consideration of receiving the entire bid. 2. Bidder's Security: A bid deposit in an amount equal to at least 10% of the bid may be required as a bid security by the City. The bid security may only be in cash, a cashier's check, a certified check made payable to the City of Chula Vista, or a bidder's bond. If the bid security is a bond, it shall be executed by a surety insurer authorized to issue surety bonds in the State of California. The bid security must be executed by the bidder and enclosed with the bid proposal in the sealed bid envelope. 3. Items Offered: If the item offered has a trade name, brand and/or catalog number, such shall be stated in the bid. If the bidder proposes to furnish an item of a manufacturer or vendor other than that mentioned on the face hereof, bidder must specify maker, brand, quality, catalog number, or other trade designation. Unless such is noted on the bid form, it will be deemed that the item offered is that designated even though the bid may state "or equal". 4. Brand Names: Whenever reference to a specific brand name is made, it is intended to describe a component that has been determined to best meet operational, performance, or reliability standards of the City, thereby incorporating these standards by reference within the specifications. An equivalent ("or equal") may be offered by the bidder, subject to evaluation and acceptance by the City. It is the bidder's responsibility to provide, at bidder's expense, samples, test data, or other documentation the City may require to fully evaluate and determine acceptability of an offered substitute. The City reserves the sole right to reject a substituted component that will not meet or exceed City standards. 5. Samples: Samples may be required for bid evaluation and testing purposes. Bidders shall agree to provide samples within forty-eight (48) hours upon request and at no additional cost to the City. 6-18 BID NO. 7-07/08A ~If?- --- 15 01Y OF CHULA VISTA 6. Verify Quotations: Prices shall be verified prior to bid submittal, as withdrawal or correction may not be permitted after the bid has been opened. 7. Finn Prices: Prices on bid shall be firm prices not subject to escalation. In the event the specifications provide for escalation, the maximum limit shall be shown, or the bid shall not be considered. In the event of a decline in market price below a price bid, the City of Chula Vista shall receive the benefit of such decline. 8. Modification or Withdrawal of Bids: Bids may be modified or withdrawn by written or facsimile notice received prior to the exact hour and date specified for receipt of bid. A bid may also be withdrawn in person by a bidder, or bidder's authorized representative, prior to the exact hour and date set for receipt of bids. Telephone withdrawals are not permitted. 9. Late Bids, Modifications, or Withdrawals: (a) Bids, modifications of bids, or bid withdrawals received after the exact time and date specified for receipt will not be considered unless receipt is before the contract is awarded and the City determines that late receipt was due solely to City error. (b) Modification of a successful bid that makes the terms of the bid more favorable to the City will be considered at any time. 10. Mistake in Bid: (a) If the bidder discovers a mistake in bid prior to the hour and date specified for receipt of bid, bidder may correct the mistake by modifying or withdrawing the bid in accordance with Items 8 and 9 above. (b) If within seventy-two hours of the bid closing and prior to the issuance of a purchase order or a contract, the apparent low and best bidder discovers a mistake in bid of a serious and significant nature which is unfavorable to bidder, bidder may request consideration be given to modifying the bid if it remains the lowest bid or to withdrawal of the bid if the result of the correction of the mistake makes another bidder lowest and best bidder. The mistake must be evident and provable. The right is reserved by the City to reject any and all requests for correction of mistakes in bids received after the hour and date of the bid closing. The decision of the Purchasing Agent is final as regards acceptance or rejection of requests for correction of bids. (c) A mistake in bid cannot be considered once a purchase order or contract is issued. 11. Signature: All bids shall be signed and the title and firm name indicated. A bid by a corporation shall be signed by an authorized officer, employee or agent with his or her title. 12. No Bids: If no bid is to be submitted, the bid should be marked "No Bid" and returned to maintain the bidder's name in the vendor file for future solicitations. A letter or postcard may be submitted. If a bidder fails to respond to a reasonable number of bids without returning a "No Bid", the Purchasing Agent reserves the right to delete the bidder from the vendor file for future solicitations. 6-19 BID NO. 7-07/08A ~\f~ --- 16 01Y Of CHUlA VISTA 13. Alternative Proposals: To be responsive to the bid, bidder must submit a proposal that meets all specific bid requirements. Once bidder has proposed a product which is responsive to the specification, bidder may include with the bid any additional proposals or alternative products that bidder believes can meet or exceed the City's requirements and that may offer additional advantages, benefits, or cost savings. The City reserves the right to evaluate, and accept or reject, such alternatives as though they were part of the original specifications without advertising for further bids, when in the best interests of the City. Any awards so made will be based on operational and cost analysis considerations that would result in the optimum economic advantage to the City. 14. Confidential Information: Any information deemed confidential or proprietary should be clearly identified by the bidder as such. It may then be protected and treated with confidentiality only to the extent permitted by state iaw. Otherwise the information shall be considered a public record. Information or data submitted with a bid will not be returned. 15. Quality: Unless otherwise required in the specifications, all goods furnished shall be new and unused. 16. Litigation Warranty: The bidder, by bidding, warrants that bidder is not currentiy involved in litigation or arbitration concerning the materials or bidder's performance concerning the same or similar materiai or service to be supplied pursuant to this contract of specification, and that no judgments or awards have been made against bidder on the basis of bidder's performance in supplying or installing the same or similar material or service, unless such fact is disclosed to the City in the bid. Disclosure will not disqualify the bidder. The City reserves the right to evaluate bids on the basis of the facts surrounding such litigation or arbitration and to require bidder to furnish the City with a surety bond executed by a surety company authorized to do business in the State of California and approved by The City of Chula Vista in a sum equal to one hundred percent (100%) of the contract price conditional on the faithful performance by bidder of the contract in the event the bid is awarded to bidder, notwithstanding the litigation or arbitration. 17. Royalties, Licenses and Patents: Unless otherwise specified, the bidder shall pay all royalties, license and patent fees. The bidder warrants that the materials to be supplied do not infringe any patent, trademark or copyright and further agrees to defend any and all suits, actions and claims for infringement that are brought against the City, and to defend, indemnify and hold harmless the City from all loss or damages, whether general, exemplary or punitive, as a result of any actual or claimed infringement asserted against the City, the bidder or those furnishing material to bidder pursuant to this contract. 18. Performance Standards: Performance of work and acceptability of equipment or materials supplied pursuant to any contract or award shall be to the satisfaction of the City. 19. Warranties: (a) All material, labor or equipment provided under the contract shall be warranted by bidder and/or manufacturer for at least twelve (12) months after acceptance by City. Greater warranty protection will be accepted. Lesser warranty protection must be indicated by bidder on the bid proposal as an exception. 6-20 BID NO. 7-07/08A 17 OTY OF CHULA VlSfA 19. Warranties (continued): (b) Bidder shall be considered primarily responsible to the City for all warranty service, parts and labor applicable to the goods or equipment provided by bidder under this bid or award, irrespective of whether bidder is an agent, broker, fabricator or manufacturers dealer. Bidder shall be responsible for ensuring that warranty work is performed at a local agency or facility convenient to City and that services, parts and labor are available and provided to meet City's schedules and deadlines. City may require bidder to post a performance bond after contract award to guarantee performance of these obligations. Bidder may establish a service contract with a local agency satisfactory to City to meet this obligation if bidder does not ordinarily provide warranty service. 20. Addenda: The effect of all addenda to the bid documents shall be considered in the bid, and said addenda shall be made part of the bid documents and shall be returned with them. Before submitting a bid, each bidder shall ascertain whether or not any addenda have been issued, and failure to cover in this bid any such addenda issued may render the bid Invalid and result in its rejection. 21. Specifications to Prevail: The detailed requirements of the specifications shall supersede any confiicting reference in these General Provisions which are in confiict therewith. 22. Taxes: The City will furnish Exemption Certificates for Federal Excise Tax. The City is liable for State, City and County Sales Taxes. Do not include this tax in the amount bid. However, tax is to be added by the successful bidder to the net amount invoiced. All or any portion of the City Sales Tax returned to the City will be considered in the evaluation of bids. 23. Conflict of Interest: No City employee or elected or appointed member of City government, or member of the employee's immediate family, may participate directly or indirectly in the procurement process pertaining to this bid if they: (a) Have a financial interest or other personal interest which is incompatible with the proper discharge of their official duties in the public interest or would tend to impair their independence, judgment or action in the performance of their official duties. (b) Are negotiating for or have an arrangement concerning prospective employment with bidder. The bidder warrants to the best of his knowledge that the submission of the bid will not create such conflict of interest. In the event such a conflict occurs, the bidder is to report it immediately to the Purchasing Agent. For breach or violation of this warranty, the City shall have the right to annul this contract without liability at its discretion, and bidder may be subject to damages and/or debarment or suspension. 24. Gratuities: The City may rescind the right of the bidder to proceed under this agreement if it is found that gratuities in the form of entertainment, gifts, or otherwise are offered or given by the bidder, or any agent or representative of the bidder, to any officer or employee of the City with the intent of influencing award of this agreement or securing favorable treatment with respect to performance of this agreement. 6-21 BID NO. 7-07/08A 18 mY Of CHUIA VISTA 25. Faithful Performance Bond: Successful bidder may be required to furnish the City with a surety bond conditioned upon the faithful performance of the contract. This may take the form of a bond executed by a surety company authorized to do business in the State of California and approved by the City of Chula Vista, an endorsed Certificate of Deposit, or a money order or a certified check drawn on a solvent bank. The bond shall be in a sum equal to one hundred percent (100%) of the amount of the contract price. Such bond or deposit shall be forfeited to the City in the event that bidder receiving the contract shall fail or refuse to fulfill the requirements and all terms and conditions of the contract. 26. Insurance: Should work be required on City premises, bidder shall provide proof of liability and property damage insurance prior to performance of duties. Coverage shall be from a company authorized to transact business in the State of California and shall be in an amount not less than $1,000,000 combined single limit (CSL), unless otherwise specified. The City of Chula Vista shall be named as an additional insured and thirty (30) days notice of cancellation shall be indicated. Worker's Compensation coverage for each employee engaged in work on City premises is required. Bidder is solely responsible for all insurance premium payments. 27. Indemnification: Bidder shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers, employees, and agents, from and against all claims for damages, liability, and expenses (including attorney's fees) arising out of this agreement and/or bidder's performance hereunder, except as to such damages, liability, and expenses due to the sole negligence or willful acts of the City, its officers, employees or agents. 28. Award of Contract: (a) Bids will be analyzed and award will be made to the lowest, responsive and responsible bidder whose bid conforms to the solicitation and whose bid is considered to be most advantageous to the City, price and other factors considered. Factors to be considered may include, but are not limited to: bidder's past performance, total unit cost, economic cost analysis, life cycle costs, warranty and quality, maintenance cost, durability, the operational requirements of the City and any other factors which will result in the optimum economic benefit to the City. (b) The City reserves the right to reject any item or items, to waive informalities, technical defects and minor irregularities in bids received; and to select the bid(s) deemed most advantageous to the City. The City will, however, consider bids submitted on an Aall or nothing basis if the bid is clearly designated as such. (c) The City reserves the right to award one or more contracts on the bids submitted, either by award of all items to one bidder or by award of separate items or groups of items to various bidders as the interests of the City may require, unless the bidder clearly specifies otherwise in his bid. (d) For the purpose of evaluating bids for multiple awards, the sum of $100.00 is considered to be the administrative cost to the City for issuing and administering each contract awarded under this solicitation, and individual awards will be made for the items and combinations of items which result in the lowest aggregate price to the City, including such administrative cost. (e) Upon acceptance by the City of Chula Vista, the solicitation, bid, proposal, or price quotation and a purchase order issued to the successful bidder shall be deemed to result in a binding contract incorporating those terms and these General Provisions without further action required by either party. Items are to be furnished as described in the bid and in strict conformity with all instructions, conditions, specifications, and provisions in the complete contract, as defined by this clause 28 or any related integrated agreement. 6-22 BID NO. 7-07/08A ~\~ --- 19 01Y OF CHUlA VISTA 29. Bid Results: To obtain bid results, either (1) attend bid opening or (2) provide a self-addressed, stamped envelope referencing bid number, and bid tabulation will be mailed to you upon verification of extensions or (3) visit the Purchasing Department no sooner than three working days after bid opening to review bid tabulation. Due to time constraints, bid results cannot be given out over the phone. 30. Protests: Protests by unsuccessful bidders to the selection for award shall be submitted in writing to the Purchasing Agent no later than ten (10) calendar days after award recommendation. The unsuccessful bidder shall have the right to appear at the City Council to protest any award to be confirmed by Council. Failure to submit a timely written protest to the Purchasing Agent shall bar consideration of such protest. 31. Documentation: Due to the time constraints that affect contract performance, all required documents, certificates of insurance and bonds shall be provided to the City within ten (10) calendar days following award or date of request by City, whichever is later. Any failure to comply may result in bid being declared non-responsive and rejected, and at City's option the bid bond may be attached for damages suffered. 32. Discounts: (a) Prompt payment discounts offered for payment within less than fifteen (15) calendar days will not be considered in evaluating bids for award. However, offered discounts of less than 15 days will be taken if payment is made within the discount period, even though not considered in the evaluation of bids. (b) In connection with any discount offered, time will be computed from date of delivery and acceptance, or invoice receipt, whichever is later. Payment is deemed to be made for the purpose of earning the discount on the date of mailing of the City check. (c) Any discount offered other than for prompt payment should be included in the net price quoted and not included in separate terms. In the event this is not done, the City reserves the right to accept the discount offered and adjust prices accordingly on the Purchase Order. 33. Seller's Invoice: Invoices shall be prepared and submitted in duplicate to address shown on the Purchase Order. Separate invoices are required for each Purchase Order. Invoices shall contain the following information: Purchase Order number, item number, description of supplies or services, sizes, unit of measure, quantity, unit price and extended totals. 34. Inspection and Acceptance: Inspection and acceptance will be at destination unless specified otherwise, and will be made by the City department shown in the shipping address or other duly authorized representative of the City. Until delivery and acceptance, and after any rejection, risk of loss will be on the bidder unless loss results from negligence of the City. 35. Lost and Damaged Shipments: Risk of loss or damage to items prior to the time of their receipt and acceptance by the City is upon the bidder. The City has no obligation to accept damaged shipments and reserves the right to return at the bidder's expense damaged merchandise even though the damage was not apparent or discovered until after receipt of the items. 36. Late Shipments: Bidder is responsible to notify the City department receiving the items and the Purchasing Agent of any late or delayed shipments. The City reserves the right to cancel all or any part of an order if the shipment 6-23 BID NO. 7-07/08A 20 01Y OF CHULA V1STA 36. Late Shipments (continued): is not made as promised. 37. Document Ownership: (a) All technical documents and records originated or prepared pursuant to this contract, including papers, reports, charts, and computer programs, shall be delivered to and become the exclusive property of the City and may be copyrighted by the City. Bidder assigns all copyrights to City by undertaking this agreement. (b) All inventions, discoveries, enhancements, changes, or improvements of computer programs developed pursuant to this contract shall be the property of the City, and all patents or copyrights shall be assigned to City, unless otherwise agreed. Bidder agrees that City may make modifications to computer software furnished by bidder without infringing bidder's copyright or any license granted to City. 38. Advertisements, Product Endorsements: City employees and agencies or organizations funded by the City of Chula Vista are prohibited from making endorsements, either implied or direct, of commercial products or services without written approval of the City Manager. No bidder may represent that the City of Chula Vista has endorsed their product or service without the Purchasing Agent's prior written approval. 39. City Provisions to Prevail: Except as indicated in the specifications, the City's standard General Provisions shall govern any contract award. Any standard terms and conditions of bidder submitted by bidder shall not be acceptable to City unless expressly agreed to by the City. The City reserves the right to reject bidder's bid as non- responsive, to consider the bid without bidder's standard terms and conditions, or to require bidder to delete reference to such as a condition of evaluation or award of the bid. If, after award of contract, bidder (contract vendor) shall provide materials to services accompanied by new or additional standard terms or conditions, they too shall be considered void and City may require deletion as a further condition of performance by vendor. To the extent not otherwise provided for by the contract documents, the California Commercial Code shall apply. 40. Invalid Provisions: In the event that anyone or more of the provisions of this agreement shall be found to be invalid, illegal or unenforceable, the remaining provisions shall remain in effect and be enforceable. 41. Amendments and Modifications: The Purchasing Agent may at any time, by written order, and without notice to the sureties, make a modification to the contract or an amendment to the Purchase Order, within the general scope of this contract, in (1) quantity of materials or service, whether more or less; (2) drawings, designs, or specifications, where the supplies to be furnished are to be specially manufactured for the City; (3) method of shipment or packing; and (4) place of delivery. If any such change causes an increase or decrease in the cost or the time required for the performance of this contract, an equitable adjustment shall be made by written modification of the contract or amendment to the Purchase Order. Any claim by the bidder for adjustment under this clause must be asserted within 30 calendar days from the notification date. 42. Assignment: Vendor shall not assign or delegate duties or responsibilities under this agreement, in whole or in part, without prior written approval of the City. 6-24 BID NO. 7-07/08A 21 01Y Of CHUIA VlSfA 43. Disputes: Except as otherwise provided in these provisions, any dispute concerning a question of fact arising under this contract which is not disposed of by agreement shail be decided by the Purchasing Agent, who shail reduce this decision to writing and mail a copy to the bidder. The decision of the Purchasing Agent shail be final and conclusive, unless bidder requests mediation within ten (10) calendar days. Pending final decision of a dispute, the 43. Disputes (continued): bidder shail proceed diligentiy with the performance of the contract and in accordance with the Purchasing Agent's decision. 44. Mediation: Should an unresolved dispute arise out of this agreement, any party may request that it be submitted to mediation. The parties shail meet in mediation within thirty (30) days of a request. The mediator shail be agreed to by the mediating parties; in the absence of an agreement, the parties shail each submit one name from mediators listed by either the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed-upon service. The mediator shail be selected by a Ablindfold@ process. The cost of mediation shail be borne equaily by both parties. Neither party shail be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settiement. The mediation process. once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than sixty (60) days, unless the maximum time is extended by both parties. 45. Lawful Perfonnance: Vendor shall abide by ail Federal, State and Local Laws, Ordinances, Regulations, and Statutes as may be related to the performance of duties under this agreement. In addition, ail applicable permits and licenses required shail be obtained by the vendor, at vendor=s sole expense. 46. Annual Appropriation of Funds: Multi-year term supply and service contracts and leases are subject to annual appropriation of funds by the City Council. Payments made under term contracts and leases are considered items of current expense. Purchase Orders are funded when issued; therefore, they are current expense items and are not subject to any subsequent appropriation of funds. In the event sufficient funds are not appropriated for the payment of iease payments or anticipated term contract payments required to be paid in the next occurring lease or contract term, and if no funds are legaily available from other sources, the lease or contract may be terminated at the end of the original term or renewal term and the City shail not be obligated to make further payments beyond the then current original or renewai term. The City will provide notice of its inability to continue the lease or contract at such time as the Purchasing Agent is aware of the non-appropriation of funds. However, failure to notify does not renew the term of the lease or contract. The City has no monetary obligation in event of termination or reduction of a term contract since such contracts represent estimated quantities and is not funded as a contract except to the extent of the Purchase Orders issued. 47. Extension: When in the City's best interest, this agreement may be extended on a daily, month-to-month, or annual basis by mutual agreement of both parties. Services and/or materials received under an extension shail be in accordance with pricing, terms, and conditions, as described herein. 6-25 BID NO. 7-07/08A ~\ft.. --- 22 OTY OF CHULA VISIA 48. Debannent: The Purchasing Agent may recommend to the City Council that the person or business be debarred from consideration for award of contracts. The period of debarment wiil be contingent upon the severity of cause. Causes for debarment include: (a) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or other offense indicating a lack of business integrity or business honesty which directly affects responsibility as a City bidder. 48. Debannent (continued): (b) Violation of contract provisions which is regarded by the Purchasing Agent to be so serious as to justify debarment action, including: (1) Deliberate failure without good cause to perform in accordance with the specifications or within the time limit provided in the contract; or (2) A recent record of failure to perform or of unsatisfactory performance in accordance with the terms of one or more contracts; (3) Two or more claims of computational error in bid submission within a two year period. (c) Debarment by another governmental entity. (d) Any other cause the Purchasing Agent deems to be so serious and compelling as to affect responsibility as a City bidder. A bidder may be permanently debarred for the following causes: (1) Collusion in bidding. (2) Conviction for commission of a criminal offense as an incident to obtaining or attempting to obtain a contract or subcontract with the City of Chula Vista or in the performance of such contract or subcontract. (3) Conviction under State or Federal antitrust statutes arising out of the submission of bids or proposals. 49. Termination: The City may terminate this agreement and be relieved of any consideration to the vendor should vendor fail to perform in the manner required. Furthermore, the City may temninate this agreement for any reason without penalty upon giving thirty (30) days written notice to the vendor. In the event of termination, the full extent of City liability shall be limited to an equitable adjustment and payment for materials and/or services authorized by and received to the satisfaction of the City prior to termination. 50. Venue: This agreement shall be governed by and interpreted according to the laws of the State of California, and venue for any proceeding shall be in the County of San Diego. 6-26 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $325,000 FROM THE AVAILABLE BALANCE OF THE TRAFFIC SAFETY FUND FOR THE PURCHASE OF TRAFFIC SAFETY EQUIPMENT WHEREAS, The City of Chula Vista receives a portion of every traffic citation paid which is deposited into the Traffic Safety Fund; and WHEREAS, these funds are limited in what they can be spent on in accordance to California Vehicle Code 42200; and WHEREAS, these expenditures are allowable in accordance to California Vehicle Code 42200; and WHEREAS, the Police Department is seeking to appropriate $325,000 from the available balance of the Traffic Safety Fund to offset the cost of purchasing equipment and supplies to support the Traffic Safety Program; and WHEREAS, the equipment and supplies will allow the Traffic Unit to continue its proactive traffic enforcement programs throughout the City. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby appropriate $325,000 from the available balance of the Traffic Safety Fund including $230,000 to the Equipment Replacement account and $95,000 to the Supplies and Services account for the purchase of traffic safety equipment. Presented by Approved as to form by u uJ/JUJV1~ Richard P. Emersony::tJ--c Police Chief { PjJL 6-27 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF 11 POLICE MOTORCYCLES TO HUNTINGTON BEACH HONDA WHEREAS, the Police Department currently maintains a fleet of Kawasaki police motorcycles for Traffic Enforcement duties throughout the City of Chula Vista, and WHEREAS, Kawasaki stopped production of their police motorcycle in 2005; and WHEREAS, staff from the Chula Vista Police Department's Traffic Enforcement Unit researched the three manufacturers of police motorcycles, BMW, Harley Davidson and Honda for cost, mission readiness and reliability; and WHEREAS, staff determined that the Honda ST1300P police motorcycle provided the lowest cost for purchase and repair, provided sufficient power and maneuverability, and has local repair facilities available; all of which support the mission of the Traffic Enforcement Unit; and WHEREAS, The City of Chula Vista recently published a Request for Proposal seeking bids for 11 Honda ST1300 Police Motorcycles; and WHEREAS, there was only one bid received by the stated deadline of April 16th, 2008; and WHEREAS, Staff has reviewed the bid and determined that Huntington Beach Honda provided all of the requirements from the RFP. NOW, THEREFORE, BE IT RESOLVED the City Council of the City ofChula Vista does hereby accept bids and award a contract for the purchase of 11 police motorcycles to Huntington Beach Honda. Presented by: Approved as to form by: Richard P. Emerson Police Chief 6-28