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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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BID NO. 7-07/08A
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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
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