Loading...
HomeMy WebLinkAbout2007-06-19; City Council; 19038; Award of contract for patrol cars and retrofitting11 CITY OF CARLSBAD - AGENDA BILL AB# 19,038 MTG. 06/19/07 DEPT. PW/GS AWARD OF CONTRACT FOR PATROL CAR Ol ITFITTING AND RETROFITTING <5FR\/IPF<5 DEPT. HEAD ^V^" CITY ATTY. xt^ CITY MGR. *\Sv>\\*\ RECOMMENDED ACTION: Adopt Resolution No. 2007-142 awarding a contract for Patrol Car Outfitting and Retrofitting Services to Thunderworks Mobile Electronics. ITEM EXPLANATION: New Police Patrol Vehicles are purchased from the manufacturer with specific performance features and paint schemes, but without the necessary electronic equipment and graphics to make them "patrol ready." In order to make the new vehicles ready to serve the public, the City contracts with vendors to install the necessary electronics and other features. In accordance with section 3.28.050 of the Municipal Code, on November 21, 2006, a Notice to Bidders was issued for Patrol Vehicle Outfitting and Retrofit Services. Five potential bidders received the bid package. Additionally, the bid opportunity was advertised in the North County Times on November 27, 2006. No bids were received at the bid opening on January 3, 2007. The City then entered into competitive negotiations with Thunderworks Mobile Electronics, the vendor who held the previous contract, and has reached a mutually acceptable agreement to provide these services. ENVIRONMENTAL IMPACT: This project is exempt from the environmental review process under Section 15301 of the California Environmental Quality Act Guidelines. FISCAL IMPACT: The maximum annual cost of this agreement will be $300,000. Staff estimates that in the first year of the agreement 13 Patrol Vehicles will need retrofitting and 8 vehicles will require complete outfitting. The estimated cost to retrofit and outfit the expected 21 patrol vehicles is $207,391. The remaining $92,609 will be used for unexpected contingencies due to damaged vehicle repairs or replacement, extra work items and unique or special build projects, such as outfitting a traffic or canine vehicle, or converting an SUV to a sedan or to outfit new vehicles procured to replace vehicles taken out of service due to collision damage. The actual annual payments to the contractor will be based on the costs of services provided, on a time and material basis, within each year of the agreement. The work completed will be inspected and verified by Public Works Department staff prior to authorization of each payment. FOR CITY CLERKS USE ONLY COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED d D P Dn CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES D D D D Page 2 The costs of the services anticipated in the agreement come from multiple sources. A chart outlining approximate expenses is shown below. The majority of funds are provided by the vehicle replacement fund. Vehicle retrofits are funded entirely by the vehicle replacement fund. Outfitting of new vehicles are funded by the Police Department block budget and outfitting of vehicles that replace damaged patrol units are funded from a combination of the vehicle replacement budget and Police Department contingency funds depending upon the amount the replaced vehicle has paid into the vehicle replacement fund. Police Patrol Vehicle Outfitting and Retrofitting Services-Funding Breakdown Purpose Vehicle Retrofits- replacement vehicles Outfitting New Vehicles Replacement of vehicles due to collision. Depends on amount vehicle has paid into replacement fund Special Builds (traffic and K9) and conversion of SUV to sedan. Funding Source Vehicle Replacement Fund Police Department Operating Budget Vehicle Replacement fund and Police Department Operating Budget Vehicle Replacement fund and Police Department Operating Budget # Vehicles 8 13 Unknown Unknown Total: Amount $ 97,991 $109,400 $ 45,000* $ 47,609* $300,000 *Estimated amounts All work performed under this agreement is contingent upon Council approval from the various funding sources. Staff recommends that the City execute a one-year agreement with Thunderworks Mobile Electronics, with the option of four additional one-year extensions. EXHIBITS 1. Resolution No.2007-142 awarding a contract for Patrol Car Outfitting and Retrofitting Services to Thunderworks Mobile Electronics. 2. Agreement for Patrol Vehicle Outfitting and Retrofitting Services. DEPARTMENT CONTACT: Gary Jenner, Public Works Supervisor 760-931 -2192 gjenn@ci.carlsbad.ca.us 'L 1 RESOLUTION NO. 2007-142 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, APPROVING THE AGREEMENT FOR POLICE PATROL VEHICLE OUTFITTING AND RETROFIT 4 SERVICES. 5 WHEREAS, the Carlsbad Police Department and Fleet Maintenance Department wish to 6 outfit new patrol cars with the necessary electronics, graphics and equipment to make these 7 vehicles patrol ready; and 8 WHEREAS, after a public bid process and negotiations, Police and Public Works staff 9 have selected Thunderworks Mobile Engineering to perform these outfitting and retrofitting 10 services; and 11 WHEREAS, Thunderworks Mobile Engineering has satisfactorily performed similar 12 duties for the city in the past; 13 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 14 California, as follows: 15 1. That the above recitations are true and correct. 16 2. That the agreement with Thunderworks, a copy of which is attached, is hereby 17 approved. 18 3. Funding for this agreement is authorized from the Vehicle Replacement fund, 19 and the Police Department's Operating Budget, in proportion to the expense 20 incurred. 21 4. That the Mayor is hereby authorized and directed to execute a contract for these 22 services, for and on behalf of the City of Carlsbad, for a period of one (1) year23 with the option for the City Manager to extend for four (4) additional one (1) year periods.25 ///26 27 '" 28 '" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 19th day of June, 2007, by the following vote to wit: AYES: Council Members Lewis, Hall and Packard NOES: None ABSENT: Council Members Kulchin and Nygaard ATTEST: (SEAL) 3. AGREEMENT FOR PATROL VEHICLE OUTFITTING AND RETROFIT SERVICES (THUNDERWORKS MOBILE ENGINEERING, A DIVISION OF DECATUR ELECTRONICS) THIS AGREEMENT is made and entered into as of the /Q day of fyusUL. , 200 7 . by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and THUNDERWORKS MOBILE ENGINEERING, a CA Corporation, ("Contractor"). RECITALS A. City requires the services of a Patrol Car Outfitting and Retrofit contractor that is experienced in retrofitting and installing specialty police equipment in various types of police cars. B. Contractor has the necessary experience in providing services and advice related to Outfitting and Retrofitting police cars. C. Selection of Contractor is expected to achieve the desired results in an expedited fashion. D. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of one year from the date first above written. The City Manager may amend the Agreement to extend it for four (4) additional one (1) year periods or parts thereof in an amount not-to-exceed three hundred thousand dollars ($300,000) per Agreement year. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. City Attorney Approved Version #11.28.06 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will not exceed three hundred thousand dollars ($300,000). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". If an increase in compensation for service in succeeding option years is requested, the Contractor must provide detailed supporting documentation to justify the requested rate increase. The requested increase will be evaluated by the City, and the City reserves the right to accept or reject the Contractor's requested compensation increase. This Agreement's annual compensation terms may be adjusted by a mutually agreeable amount based on and no greater than the San Diego Consumer Price Index changes over the previous year. Requests for price changes must be made by the Contractor in writing sixty + (60) days before the end of the then-current agreement year and is subject to negotiation or rejection by the City. 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withhold ings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. City Attorney Approved Version #11.28.06 7. CONTRACTOR'S WORKFORCE The Contractor proposes to perform the described services utilizing a fully competent and adequate workforce as indicated in Exhibit B, which is attached hereto and incorporated herein as though fully set forth at length. 8. SUBCONTRACTING If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. The name and place of business of each subcontractor who will perform work or labor or render service to the Contractor in performing this Agreement are contained in Exhibit C, which is attached hereto and incorporated herein as though fully set forth at length. 9. CONTRACTOR'S EQUIPMENT The Contractor proposes to utilize quality equipment of types and quantities necessary to perform the described work in an efficient and effective manner. Major items of said equipment are indicated in Exhibit D, which is attached hereto and incorporated herein as though fully set forth at length. The Contractor shall maintain all equipment in a clean, safe and fully operational condition. The Contractor shall replace all unserviceable or unsafe equipment in a timely manner so that the described work is not delayed or otherwise negatively affected. 10. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 11. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused in whole or in part by any willful misconduct or negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self- administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. City Attorney Approved Version #11.28.06 12. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:V". 12.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless City Attorney or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 12.1.1 Commercial General Liability Insurance. $1.000.000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 12.1.2 Automobile Liability (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 12.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 12.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 12.2.1 The City will be named as an additional insured on General Liability. 12.2.2 Contractor will obtain occurrence coverage, which will be written as claims-made coverage. City Attorney Approved Version #11.28.06 12.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 1 2.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 12.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 12.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 13. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 14. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 15. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 16. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. City Attorney Approved Version #1 1 .28.06 17. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City: For Contractor: Name: GaryJenner Name: Adam Serr Title: Public Works Supervisor Title: Dir. of Business Operations Department: PW/Gen Svc. Address: 10729 Wheatlands Ave City of Carlsbad Santee. CA 92071 Address: 2480 Impala Drive Phone No: (619)596-1925 Carlsbad. CA 92008 Phone No: (760)931-2192 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 18. CONFLICT OF INTEREST City will evaluate Contractor's duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City's Conflict of Interest Code is required of Contractor or any of Contractor's employees, agents, or subcontractors. Should it be determined that disclosure is required, Contractor or Contractor's affected employees, agents, or subcontractors will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700. Contractor, for Contractor and on behalf of Contractor's agents, employees, subcontractors and CONTRACTOR warrants that by execution of this Agreement, that they have no interest, present or contemplated, in the projects affected by this Agreement. Contractor further warrants that neither Contractor, nor Contractor's agents, employees, subcontractors and CONTRACTOR have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Contractor will file with the City an affidavit disclosing this interest. 19. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. City Attorney Approved Version #11.28.06 Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and CONTRACTOR'S that the services required by this Agreement. 20. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 21. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 22. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering ninety (90) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the actual work completed under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. City Attorney Approved Version #11.28.06 \\ 23. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 24. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq.. the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 25. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 26. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement or any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 27. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. City Attorney Approved Version #11.28.06 29. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR (sigrffiere) CITY OF CARLSBAD, a municii corporatio/r^f the. (print name/title) *By: (sign here) 70)91/I^^iLi ATTEST: RRAINEm WOOD = O:t (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation. Agreement must be signed by one corporate officer from each of the following two groups. "Group A. Chairman, President, or Vice-President **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney Deputy City Attorney City Attorney Approved Version #11.28.06 STATE OF Illinois COUNTY OF Macon I, Carol McClure, a Notary Public in and for said County and State, do hereby certify that Robert J. Sanner, CEO and President and Toni Caldwell, Asst. Secretary of Decatur Electronics, Inc., who are personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that they signed, sealed and delivered said instrument, for and on behalf of Decatur Electronics, Inc., for the uses and purposes therein set forth. Given under my hand and notarial seal, this 7th day of June, 2007. | OFFICIAL SEAL I CAROL MCCLURE | NOTARY PUBLIC, STATE OF ILLINOIS : * MY COMMISSION EXPIRES 5-30-2010 : Notary Public Agreement for Patrol Vehicle Outfitting and Retrofit Services Exhibit "A" Scope of Work 1. Contractor will perform patrol vehicle outfitting and retrofitting services as described below and incorporated herein as Exhibit "B", Manner of Performing Services. 2. Contractor will be reimbursed at the following rates for work performed, not to exceed $300,000 total compensation per agreement year: a. New Build Vehicle: $13,675.06 per vehicle, inclusive. 8 vehicles projected during contract year, $97,990.23 total. b. Retrofit Patrol Vehicle: $ 7,537.71 per vehicle, inclusive. 13 vehicles projected during contract year, $109,400.48 total. c. "Special Build" Vehicles (Traffic, Canine, Conversion of an SUV to a Sedan, etc.): Per Estimate to be provided by Contractor and Approved by Contract Manager on a case by case basis. d. "Extra Work": Shall be compensated as per Exhibit "B", section 5.00 "Extra Work". 3. Contractor shall ensure that all Vehicle Graphics are installed on vehicles as per the examples provided in Exhibit "C" incorporated herein as part of this agreement. All vehicle graphics shall be applied in a manner consistent with the description provided in Section 18.00 of Exhibit "B." City Attorney Approved Version #11.28.06 10 \ CITY OF CARLSBAD BID 07-09 PATROL VEHICLE OUTFITTING AND RETROFIT SERVICES EXHIBIT "B" MANNER OF PERFORMING SERVICES PARTI GENERAL SPECIFICATIONS I. INTENT OF AGREEMENT The intent of this agreement is to enter an agreement with a vendor to provide retrofitting and modification of vehicles with specialty equipment for use by law enforcement at a fixed cost basis or in the case of specialty vehicles a negotiated cost basis. The selected vendor is expected to perform all modifications to new vehicles provided by the City of Carlsbad that will allow a FULLY OPERATIONAL vehicle to be placed into service. II. CONTRACTORS BID AND PROPOSAL The CONTRACTOR shall set forth in its proposal a delivery schedule and implementation plan detailing the following items: • Implementation schedule detailing expected time period for construction of each type of vehicle outfitted or retrofitted including expected time period from notification of services required to completion and delivery of the FULLY OPERATIONAL vehicle by the vendor. • Parts acquisition, parts to be kept in inventory, lead-time for delivery of ordered parts and other components needed for providing service. • Transportation methodology for pick up and delivery of vehicles to/from the CITY fleet operations center. • Details regarding warranty and service work including normal expected time period from notification of warranty service to completion and delivery of vehicles requiring warranty service. City Attorney Approved Version #11.28.06 11 III. VEHICLE TYPES AND APPROXIMATE UNITS The standard patrol vehicles utilized by the CITY are Ford Motor Company Crown Victoria sedans. The CITY expects that this model vehicle will be utilized throughout the initial term of the agreement and any subsequent extension years allowed under the agreement. Expected quantities as listed below are estimates only to be used for bid comparison. Quantities are subject to change depending upon CITY budgets, CITY needs and other factors. The CONTRACTOR is advised that the cost portion of the Best Value evaluation will reflect the initial expected totals. A. Initial Agreement Year • (13) RETROFIT units. • (8) NEW BUILD units. B. Subsequent Agreement Years (Per Year) • (5) RETROFIT units. • (3) NEW BUILD units. The CONTRACTOR is advised that from time to time, the CITY may request specialty builds or retrofits. These specialty build items may include new builds of traffic units, retrofitting or new builds of canine units, conversion of sedans to SUV or conversions of SUV to sedans and or conversion of other vehicle types to/from canine units. The CONTRACTOR is advised that the CITY may request individual quotes for this non-standard work. The CONTRACTOR agrees that quotes for this non-standard work shall be in conformance with other similar retrofits and new builds excepting the added cost of specialty modifications required to outfit these specialty vehicles. CONTRACTOR quotes for specialty vehicle work are subject to acceptance, rejection or negotiation by the CITY. Specialty work shall be performed and paid in accordance with this section and Section 5.00 EXTRA WORK. The CONTRACTOR is advised that from time to time, the CITY may request that equipment included on the Equipment Build Sheets be deleted from certain patrol units. The CONTRACTOR is advised that the CITY may request individual credits for this non-standard work. The CONTRACTOR agrees that quotes for this non- standard work shall be in conformance with actual labor and equipment costs. CONTRACTOR quotes for deletion of work or equipment are subject to acceptance, rejection or negotiation by the CITY. City Attorney Approved Version #11.28.06 12 1 IV. DEFINITIONS Whenever the following terms are used in this agreement, they shall have the following meaning: A. "BID ITEM" - Individual items of work in the CONTRACTOR'S proposal at an agreed price for the work. B. "CITY" - The CITY of Carlsbad. C. "CITY MANAGER" - The fully appointed CITY MANAGER of the CITY or his authorized representative. D. "CONTRACT ADMINISTRATOR" - The PUBLIC WORKS DIRECTOR'S designee for bidding, awarding and administering the CONTRACTOR'S work under this agreement. E. "CONTRACTOR" - The managing individual of the contracting entity or his authorized employees or representatives. F. "DEFAULT" - Failure to meet or fulfill contractual or agreement obligations; failure to perform; and/or not satisfying the conditions of notice sent by the contract administrator or assigned designee. G. "EXTRA WORK" - New or unforeseen work that the CONTRACT ADMINISTRATOR has determined is not covered by Contract Unit Prices or stipulated unit prices. H. "FULLY OPERATIONAL" - In a condition to undertake the function to adequately function as a Police patrol vehicle. I. "NEW BUILD" - The installation of equipment into patrol cars scheduled to be placed into service, without the requirement of removing existing equipment from a patrol car not scheduled for decommission. All items are to be provided by the Vendor unless specifically identified as provided by the City of Carlsbad for vehicles listed in this bid item. J. "RETROFIT" - The removal of equipment from patrol cars scheduled for decommission and the installation of said equipment into patrol cars scheduled to be placed into service, or the installation of equipment, provided by the City of Carlsbad, into patrol cars scheduled to be placed into service. All items are to be provided by the Vendor unless specifically identified as provided by the City of Carlsbad for vehicles listed in this bid item. K. "PUBLIC WORKS DIRECTOR" - The official designated as the Public Works Director of CITY, or any of his authorized representatives. L. "WARRANTY OR WARRANTY SERVICE" - The repair of equipment installed by the CONTRACTOR, at its expense, that has been in use for less than the contractually required one (1) year warranty period. City Attorney Approved Version #11.28.06 13 1.00 STANDARDS OF WORK AND CONTRACTOR RESPONSIBILITY 1.01 The CONTRACTOR shall perform the work described herein in a thorough and professional manner so that the City is provided with reliable and high quality Patrol Vehicle Retrofitting at all times. If at any time the City determines that the CONTRACTOR'S retrofit services are not in compliance with the Contract documents, the CONTRACT ADMINISTRATOR may require the CONTRACTOR to repair or re-install any part of, or the entire equipment installations in question at no additional cost to the City. 1.02 The CONTRACTOR shall furnish, at CONTRACTOR'S own expense, all labor, equipment, and materials necessary, unless specifically excluded herein. 1.03 The CONTRACTOR shall furnish copies of valid driver licenses for all operators assigned to CITY, whether permanently or temporarily assigned to CITY. 1.04 PATROL CAR RETROFIT shall be performed in accordance with accepted standards for PATROL CAR RETROFIT services to the satisfaction of the CONTRACT ADMINISTRATOR or his designee. 1.05 The CONTRACTOR shall maintain a log listing the pick up and delivery time and date of each and every vehicle serviced by the CONTRACTOR. 1.06 The CONTRACTOR shall, during the term of this CONTRACT, respond to all callbacks for warranty service to the satisfaction of the CONTRACT ADMINISTRATOR, within forty-eight (48) hours of notification. Failure to comply with this requirement will result in a reduction in payment to the CONTRACTOR as determined appropriate by the CONTRACT ADMINISTRATOR. 1.07 The CONTRACTOR shall utilize new hardware (bolts, nuts, screws, clips etc.) when installing equipment in the retrofitted or new installation patrol vehicles. 1.08 The CONTRACTOR shall warranty all installations for a period of one (1) year from the date of delivery of the retrofitted vehicle to the City of Carlsbad. 1.09 The CONTRACTOR shall provide transportation of all vehicles serviced under this agreement, to and from the City of Carlsbad's Fleet Operations Center located at 2480 Impala Drive at its own expense. Transportation costs are to be included in the bid item price for retrofits, and new installations, and no additional compensation is allowed. In addition, the CONTRACTOR shall transport all vehicles requiring WARRANTY SERVICE at its own expense and no additional compensation is allowed. City Attorney Approved Version #11.28.06 14 1.10 CONTRACTOR shall notify CITY if the CONTRACTOR is unable to meet the delivery schedule due to circumstances beyond its control. The CONTRACT ADMINISTRATOR shall determine whether CONTRACTOR is released of completing a daily route based on the nature of the delay. The City has the authority to interrupt scheduled delivery should CITY have an emergency. 2.00 PAYMENT AND INVOICES 2.01 The CONTRACTOR shall present monthly invoices, for all work performed during the preceding month. Said invoice shall include all required certifications and reports as specified hereinafter. The invoice shall be submitted on or before the fifth (5th) day of each month in the amount of the compensation to be paid by the CITY for all services rendered by the CONTRACTOR under the terms and conditions of this CONTRACT. Said payment shall be made within thirty (30) days upon receiving the invoices, providing that all work performed during the preceding month has been inspected and accepted by the CONTRACT ADMINISTRATOR and that applicable certifications have been submitted in accordance with the provisions of this CONTRACT. 2.02 The CONTRACTOR'S monthly invoices shall be prepared and submitted in an electronic format, clearly indicating the Purchase Order number, unit price, total work performed and correctly extended totals for each individual BID ITEM or separate item of work. An invoice format shall be submitted to the CONTRACT ADMINISTRATOR for approval. 2.03 Separate invoices for approved EXTRA WORK shall be prepared and submitted in an electronic format acceptable to the CONTRACT ADMINISTRATOR, including attachments, such as copies of suppliers' invoices, which the CONTRACT ADMINISTRATOR may require to verify CONTRACTOR'S billing. Invoices for EXTRA WORK shall be submitted on separate invoices. Unless otherwise requested by the CONTRACT ADMINISTRATOR, one invoice shall be submitted for each discrete and complete item of EXTRA WORK. 2.04 In the event the CITY transfers title, maintenance responsibility, or changes service frequency of a portion thereof, this CONTRACT shall continue in full force and effect, except said portion, at the discretion of the CONTRACT ADMINISTRATOR, may be deleted from the sweeping schedule and the CONTRACT sum shall be reduced accordingly. The CONTRACT ADMINISTRATOR may, at his discretion, add new streets or lots to be swept and/or require additional services. The CONTRACTOR shall be compensated for the additional facilities or services that are designated after the date of the commencement of this CONTRACT based on the extension of bid item costs as submitted in the REQUEST FOR BIDS or as adjusted in accordance with subsequent amendments to the agreement. City Attorney Approved Version #11.28.06 15 The CONTRACTOR agrees that increases or reduction of quantities in an amount less than twenty-five (25) percent of any individual BID ITEM shall not be grounds for renegotiation of the agreed BID ITEM price. Increases or reduction in bid item quantities that exceed twenty-five (25) percent of an individual BID ITEM are subject to negotiation. Renegotiation of any BID ITEM, applies to that BID ITEM only. Other BID ITEMS shall not be affected by these provisions. Any negotiated changes in these bid item prices shall be contingent upon both parties executing a written amendment to this agreement. 3.00 ENFORCEMENT. DEDUCTIONS AND LIQUIDATED DAMAGES 3.01 The CONTRACT ADMINISTRATOR shall be responsible for the enforcement of this CONTRACT on behalf of CITY. In addition to deductions stipulated in other sections of this agreement, the CONTRACT ADMINISTRATOR may enforce deductions in accordance with Section 4.00. 3.03 If, in the judgment of the CONTRACT ADMINISTRATOR, the CONTRACTOR is deemed to be non-compliant with the terms and obligations of the CONTRACT, the CONTRACT ADMINISTRATOR, may, in addition to other remedies provided herein, withhold the entire monthly payment, deducted pro-rata from the CONTRACTOR'S invoice for work not performed. Notification of the amount to be withheld or deducted from payments to CONTRACTOR will be forwarded to the CONTRACTOR by the CONTRACT ADMINISTRATOR in a written notice describing the reasons for said action. The written notice shall constitute reason for any deductions so imposed. 3.04 The action above shall not be construed as a penalty but as adjustment of payment to CONTRACTOR to recover cost or loss due to the failure of the CONTRACTOR to complete or comply with the provisions of this CONTRACT. 4.00 INSPECTIONS. MEETINGS. & REPORTS 4.01 CITY reserves the right to perform inspections, including inspection of CONTRACTOR'S equipment, at any time for the purpose of verifying CONTRACTOR'S performance of CONTRACT requirements and identifying deficiencies. 4.02 The CONTRACTOR or his authorized representative shall meet with the CONTRACT ADMINISTRATOR or his representative at any site the CONTRACT ADMINISTRATOR determines is necessary, at the discretion and convenience of the CONTRACT ADMINISTRATOR, for inspections of the work performed or the work in progress. City Attorney Approved Version #11.28.06 16 B\ 4.03 At the request of the CONTRACT ADMINISTRATOR, the CONTRACTOR, or his appropriate representative, shall attend meetings and/or training sessions, as determined by the CONTRACT ADMINISTRATOR, for purposes of orientation, information sharing, CONTRACT revision, description of CITY policies, procedures, standards, and the like. 4.04 CONTRACTOR shall provide to the CONTRACT ADMINISTRATOR such written documentation and/or regular reports as the CONTRACT ADMINISTRATOR deems necessary to verify and review CONTRACTOR'S performance under this CONTRACT and to provide to the CONTRACT ADMINISTRATOR pertinent information relative to the services rendered under this agreement. 5.00 EXTRA WORK 5.01 The CITY may award Extra Work to the CONTRACTOR, or to other forces, at the discretion of the CONTRACT ADMINISTRATOR. New or unforeseen work will be classified as "Extra Work" when the CONTRACT ADMINISTRATOR determines that it is not covered by CONTRACT unit prices. Adjustment in payment for Extra Work shall be performed by agreement between the CONTRACT ADMINISTRATOR and the CONTRACTOR or on a NEGOTIATED PROPOSAL AND ACCEPTANCE basis in accordance with Section 7.00 or on a TIME AND MATERIALS basis in accordance with Section 8.00. 5.02 If the CONTRACT ADMINISTRATOR determines that the Extra Work can be performed by CONTRACTOR'S present work force, CONTRACT ADMINISTRATOR may authorize modification of the CONTRACTOR'S Routine Operations Schedule or Annual Calendar in order to compensate CONTRACTOR for performing said work. 5.03 Prior to performing any Extra Work, the CONTRACTOR shall prepare and submit a written proposal including a description of the work, a list of materials, and a schedule for completion. No work shall commence without written approval of the CONTRACTOR'S proposal by the CONTRACT ADMINISTRATOR. This proposal is subject to acceptance or negotiation by the CONTRACT ADMINISTRATOR. 5.04 In the event that CONTRACTOR'S proposal for Extra Work is not approved, the CONTRACT ADMINISTRATOR reserves the right to perform such work with other forces or to compel the CONTRACTOR to perform the work on a TIME AND MATERIALS Basis. Invoices for EXTRA WORK on a TIME AND MATERIALS basis are subject to CONTRACTOR markup in accordance with Section 7.02. City Attorney Approved Version #11.28.06 17 5.05 When a condition exists which the CONTRACT ADMINISTRATOR deems urgent, the CONTRACT ADMINISTRATOR may verbally authorize the work to be performed upon receiving a verbal estimate from the CONTRACTOR. However, within twenty-four (24) hours after receiving a verbal authorization, the CONTRACTOR shall submit a written estimate, consistent with the verbal authorization, to the CONTRACT ADMINISTRATOR for approval. 5.06 All Extra Work shall commence on the specified date established and CONTRACTOR shall proceed diligently to complete said work within the time allotted. 6.00 NEGOTIATED PROPOSAL AND ACCEPTANCE 6.01 The CITY may award work to the CONTRACTOR, at the discretion of the CONTRACT ADMINISTRATOR. New work will be awarded on a negotiated proposal and acceptance basis as when the CONTRACT ADMINISTRATOR determines that it is appropriate to negotiate a fixed price for work in lieu of utilizing unit prices. Payment for Work shall be performed by negotiated agreement between the CITY and the CONTRACTOR or on a TIME AND MATERIALS basis in accordance with Section 7.00. 6.02 Prior to performing any work, the CONTRACTOR shall prepare and submit a written proposal including a description of the work, a list of materials, and a schedule for completion. No work shall commence without written approval of the CONTRACTOR'S proposal by the CONTRACT ADMINISTRATOR. This proposal is subject to acceptance or negotiation by the CONTRACT ADMINISTRATOR. 6.03 All work shall commence on the specified date established and CONTRACTOR shall proceed diligently to complete said work within the time allotted. 7.00 TIME AND MATERIALS 7.01 In the event that the CONTRACT ADMINISTRATOR determines that work requested is of an unknown duration, not easily quantified or the CONTRACTOR'S proposal for work is not approved, the CONTRACT ADMINISTRATOR reserves the right to perform such work with other forces or to compel the CONTRACTOR to perform the work on a TIME AND MATERIALS basis. 7.02 The CONTRACT ADMNISTRATOR may direct CONTRACTOR to proceed by allowing him/her to use the following percentages as added costs for the markup of all overhead and profits: 1) Labor 20 2) Materials 15 3) Equipment Rental 15 4) Other Items and Expenditures ....15 City Attorney Approved Version #11.28.06 18 Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, Labor Surcharge and Equipment Rental Rates published by CALTRANS, current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the CONTRACTOR and subcontractor, if any. The labor surcharge rates published therein are not a part of this contract." 7.03 All work shall commence on the specified date established and CONTRACTOR shall proceed diligently to complete said work within the time allotted. 8.00 CONTRACTOR'S DAMAGES 8.01 All damages incurred to CITY owned vehicles by the CONTRACTOR'S operation shall be repaired or replaced, by the CONTRACTOR or by other forces, all at the discretion of the CONTRACT ADMINISTRATOR, all at the CONTRACTOR'S expense. 9.00 COMMUNICATIONS 9.01 The CONTRACTOR shall, during the term of this CONTRACT, maintain one twenty-four (24) hour telephone number. For hours beyond a normal 8 AM to 5 PM business day, an answering service shall be considered an acceptable substitute. Answering machines are not acceptable. 9.02 The CONTRACTOR shall maintain a written log of all communications, the date and the time thereof and the action taken pursuant thereto or the reason for non-action. Said log of complaints shall be open to the inspection of the CONTRACT ADMINISTRATOR at all reasonable times. 10.00 SAFETY 10.01 CONTRACTOR agrees to perform all work outlined in this CONTRACT in such a manner as to meet all accepted standards for safe practices during the performance op his duties and to safely maintain stored equipment, machines, and materials or other hazards consequential or related to the work; and agrees additionally to accept the sole responsibility for complying with all CITY, County, State or Federal requirements at all times so as to protect all persons, including CONTRACTOR'S employees, agents of the CITY, vendors, members of the public or others from foreseeable injury, or damage to their property. CONTRACTOR shall make weekly inspections for any potential hazards at said sites and keep a log indicating date inspected and action taken. City Attorney Approved Version #11.28.06 19 11.00 CONTRACTOR'S STAFF AND TRAINING 11.01 The CONTRACTOR shall provide sufficient personnel to perform all work in accordance with the specification set forth herein. 11.02 In cooperation with the Carlsbad Police Department, CONTRACTOR agrees to, and to pay for, background checks if required by the CONTRACT ADMINISTRATOR on all personnel providing services for this contract. In the event such background check reveals an item, which Carlsbad Police deems a security problem, City may request that such individual be removed from the list of personnel authorized to provide services to the CITY. 11.03 CONTRACTOR shall have a "Local" representative with authority to contractually bind CONTRACTOR in matters, which may arise during this agreement performance period. "Local" in the context of this agreement is defined as the southern California metropolitan area consisting of San Diego, Orange, and Los Angeles or Riverside counties. CONTRACTOR shall provide, prior to commencement of work under this Agreement, in writing to the CONTRACT ADMINISTRATOR, a statement indicating by name the specific authority vested in the "Local" representative. CONTRACTOR'S "Local" representative shall be responsible for instructing and training of CONTRACTOR'S personnel in the proper and specified work method and procedures; directing, scheduling, and coordinating all services and functions to completely accomplish the work as required by this Agreement. The "local" representative shall be available for consultation regarding problems on a daily basis at some time during regular working hours (8:00 a.m. to 5:00 p.m., Monday through Friday). 11.04 The CONTRACT ADMINISTRATOR may at any time give CONTRACTOR written notice to the effect that the conduct or action of a designated employee of CONTRACTOR is, in the reasonable belief of the CONTRACT ADMINISTRATOR, detrimental to the interest of the CITY. CONTRACTOR shall meet with representatives of the CONTRACT ADMINISTRATOR to consider the appropriate course of action with respect to such matter and CONTRACTOR shall take reasonable measures under the circumstances to assure the CONTRACT ADMINISTRATOR that the conduct and activities of CONTRACTOR'S employees will not be detrimental to the interest of the CITY. 11.05 The CONTRACT ADMINISTRATOR may at any time order any of the CONTRACTOR'S personnel removed from CITY property when, in the reasonable belief of the CONTRACT ADMINISTRATOR, said CONTRACTOR'S personnel is objectionable, unruly, unsafe, or otherwise detrimental to the interest of the CITY or the public. City Attorney Approved Version #11.28.06 20 11.09 The CONTRACTOR shall require each of his personnel to adhere to basic public works standards of working attire including uniform shirts and/or vests clearly marked with the CONTRACTOR'S company name and employee name badges as approved by the CONTRACT ADMINISTRATOR. Sufficient changes shall be provided to present a neat and clean appearance of the CONTRACTOR'S personnel at all times. Shirts shall be worn and buttoned at all times. CONTRACTOR'S personnel shall be equipped with proper shoes and other gear required by State Safety Regulations. 12.00 DRUG AND ALCOHOL FREE WORKPLACE 12.01 The CITY is committed to maintaining a work environment free from the effects of drugs and alcohol consistent with the directives of the Drug Free Workplace Act. As a condition of this agreement, CONTRACTOR and CONTRACTOR'S employees shall assist meeting the requirements of this policy as set forth in the "City of Carlsbad Drug and Alcohol Use Policy" incorporated by reference herein. CONTRACTOR agrees that CONTRACTOR and CONTRACTOR'S employees, while performing services for the CITY, on CITY property, or while using CITY equipment will not be in possession of, use, or be under the influence of drugs or alcohol. CONTRACTOR has the duty to inform all employees or agents of CONTRACTOR that are performing service for CITY on CITY property or using CITY equipment of the CITY'S objective of a safe, healthful and productive workplace and the prohibition of drug or alcohol possession, use or impairment from same while performing such service for CITY. CITY has the right to terminate, or declare this or any other agreement CONTRACTOR has with the CITY in DEFAULT if CONTRACTOR'S employees are determined by the CONTRACT ADMINISTRATOR to have breached the provisions of Section 13 herein as interpreted and enforced pursuant to the provision of the "City of Carlsbad Drug and Alcohol Use Policy". 13.00 ASSIGNMENT OF CONTRACT 13.01 CONTRACTOR shall not assign this contract or any part thereof and or monies due there under without the prior written consent of the CONTRACT ADMINISTRATOR. City Attorney Approved Version #11.28.06 21 CITY OF CARLSBAD BID 07-09 PATROL VEHICLE RETROFIT SERVICES EXHIBIT "B" PART II EQUIPMENT SPECIFICATIONS 14.00 RETROFIT VEHICLES 14.01 The CONTRACTOR shall remove existing police specialty equipment from decommissioned patrol vehicles and install said equipment into new vehicles. The CITY shall provide equipment either installed in a decommissioned vehicle or shall provide any equipment indicated in the attached specifications as provided by the CITY. Additionally, the CONTRACTOR shall provide all equipment in the attached specifications that are indicated to be provided by the vendor. CONTRACTOR provided equipment shall be as shown on the equipment list. Substitution of manufacturer or equipment model is not acceptable unless the CONTRACTOR can document that the specified make or model equipment is no longer manufactured, has been superseded by newer model equipment from the same manufacturer, is incompatible with the CITY'S vehicles or that an alternate manufacturers equipment is of the same or better quality than the specified equipment. If the CONTRACTOR requests a substitution of any item, a sample of the item(s) shall be delivered to the Fleet Operations Center prior to the deadline for bid submittal. The sample must be readily identified with the manufacturer's name, model/order number, and the supplier's name and phone number. All substitution requests must be clearly indicated in the proposal as a substitution request. In addition to the required sample, the CONTRACTOR shall provide with each substitution request, four (4) copies of submittals for review and approval prior to installing any non-specified equipment. Two (2) copies will be returned to the CONTRACTOR with the CONTRACT ADMINISTRATOR'S comments. All equipment provided by the CONTRACTOR shall be newly manufactured equipment. Used or refurbished equipment shall not be used. City Attorney Approved Version #11.28.06 22 The CONTRACTOR shall utilize new fastening hardware to mount all equipment whether the equipment is provided by the CITY or by the CONTRACTOR. New fastening hardware includes nuts, bolts, screws, clips or other fastening devices. Manufacturer's Equipment Specifications shall be mailed or facsimiled to CITY whenever substitution of equipment is requested. 14.02 The CONTRACTOR shall use reasonable care when removing and installing equipment. All equipment shall be mounted solidly and in accordance with the manufacturer's specifications. The CONTRACTOR shall thoroughly inspect each vehicle and CITY provided equipment, and shall immediately notify the CONTRACT ADMINISTRATOR in writing, of any damaged equipment. The CONTRACTOR shall be responsible for replacement of equipment that is serviceable when the CONTRACTOR takes delivery of the vehicles and damaged afterward by the CONTRACTOR'S operations. 14.03 The CONTRACTOR shall return all vehicles to the CITY in the same condition as when they were released to the CONTRACTOR. Any damage to vehicles, either new or decommissioned shall be responsibility of the CONTRACTOR. The CONTRACTOR shall thoroughly inspect each vehicle and shall immediately notify the CONTRACT ADMINISTRATOR in writing, of any existing damage. The CONTRACTOR shall be responsible for repair of equipment that is serviceable when the CONTRACTOR takes delivery of the vehicles and damaged afterward by the CONTRACTOR'S operations. 14.04 The CONTRACTOR shall provide and install all specialty police markings on new vehicles. Graphics for each vehicle type are included as an attachment. 15.00 NEW BUILD VEHICLES 15.01 The CONTRACTOR shall install police specialty equipment into new vehicles. The CITY shall provide any equipment indicated in the attached specifications as provided by the CITY. Additionally, the CONTRACTOR shall provide all equipment in the attached specifications that are indicated to be provided by the vendor. CONTRACTOR provided equipment shall be as shown on the equipment list. Substitution of manufacturer or equipment model is not acceptable unless the CONTRACTOR can document that the specified make or model equipment is no longer manufactured, has been superseded by newer model equipment from the same manufacturer, is incompatible with the CITY'S vehicles or that an alternate manufacturers equipment is of the same or better quality than the specified equipment. If the CONTRACTOR requests a substitution of any item, a sample of the item(s) shall be delivered to the Fleet Operations Center prior to the deadline for bid submittal. The sample must be readily identified with the manufacturer's name, model/order number, City Attorney Approved Version #11.28.06 23 and the supplier's name and phone number. All substitution requests must be clearly indicated in the proposal as a substitution request. In addition to the required sample, the CONTRACTOR shall provide with each substitution request, four (4) copies of submittals for review and approval prior to installing any non-specified equipment. Two (2) copies will be returned to the CONTRACTOR with the CONTRACT ADMINISTRATOR'S comments. All equipment provided by the CONTRACTOR shall be newly manufactured equipment. Used or refurbished equipment shall not be used. The CONTRACTOR shall utilize new fastening hardware to mount all equipment whether the equipment is provided by the CITY or by the CONTRACTOR. New fastening hardware includes nuts, bolts, screws, clips or other fastening devices. Manufacturer's Equipment Specifications shall be mailed or facsimiled to CITY whenever substitution of equipment is requested. 15.02 The CONTRACTOR shall use reasonable care when installing equipment. All equipment shall be mounted solidly and in accordance with the manufacturer's specifications. The CONTRACTOR shall thoroughly inspect each vehicle, or CITY provided equipment, and shall immediately notify the CONTRACT ADMINISTRATOR in writing, of any damaged equipment. The CONTRACTOR shall be responsible for replacement of equipment that is serviceable when the CONTRACTOR takes delivery of the vehicles and damaged afterward by the CONTRACTOR'S operations. 15.03 The CONTRACTOR shall return all vehicles to the CITY in the same condition as when they were released to the CONTRACTOR. Any damage to vehicles, either new or decommissioned shall be responsibility of the CONTRACTOR. The CONTRACTOR shall thoroughly inspect each vehicle and shall immediately notify the CONTRACT ADMINISTRATOR in writing, of any existing damage. The CONTRACTOR shall be responsible for repair of equipment that is serviceable when the CONTRACTOR takes delivery of the vehicles and damaged afterward by the CONTRACTOR'S operations. 15.04 The CONTRACTOR shall provide and install all specialty police markings on new vehicles. Graphics for each vehicle type are included as an attachment. 16.00 WIRING 16.01 All wiring runs, wiring locations and fuse layouts are to be identical on each patrol car and on NEW BUILD cars must match as closely as possible locations on the CITY'S existing fleet. The CONTRACTOR shall provide a diagram for approval prior to construction. The diagram shall be CAD generated marked "wiring diagram" and is subject to approval by the City Attorney Approved Version #11.28.06 24 CONTRACT ADMINISTRATOR. CONTRACTOR'S may contact the Fleet Supervisor at (760) 731-2192 prior to bidding, to schedule an appointment to inspect an example of our current fleet. 16.02 Non standard or specialty vehicle new builds or retrofits are subject to the provisions of 17.00 with the exception of the requirement for wiring layouts to be identical. 17.00 EQUIPMENT LAYOUT 17.01 All equipment locations and equipment layouts are to be identical on each patrol car. The CONTRACTOR shall provide a diagram for approval prior to construction. The diagram shall be CAD generated marked "equipment layout" and is subject to approval by the CONTRACT ADMINISTRATOR. 17.02 Non standard or specialty vehicle new builds or retrofits are subject to the provisions of 17.00 with the exception of the requirement for equipment layouts to be identical. 18.00 VEHICLE GRAPHICS 18.01 The CONTRACTOR shall provide all graphics and specialty markings for each vehicle newly built or retrofitted under this agreement. Specifications for vehicle graphics are covered in this section. The diagram shall be CAD generated marked "Graphics Layout" and is subject to approval by the CONTRACT ADMINISTRATOR. Photographs of patrol vehicles are included as Exhibit "C" to aid the CONTRACTOR in design and bidding of the required graphics. 18.02 All graphics locations and equipment layouts are to be identical on each patrol car. The CONTRACTOR shall provide a diagram for approval prior to construction. The diagram shall be CAD generated marked "Graphics Layout" and is subject to approval by the CONTRACT ADMINISTRATOR. 18.03 Non standard or specialty vehicle new builds or retrofits are subject to the provisions of 19.00 with the exception of the requirement for equipment graphic layouts to be identical on non standard vehicles. The CONTRACTOR'S quote for specialty builds must include the cost for all provisions of this section. 18.04 Bidders shall provide a quality vinyl graphic service to the City of Carlsbad for body panels of Crown Victoria Police Interceptors. Bidders or listed subcontractors must be reputable and licensed within the graphics industry to perform this service. City Attorney Approved Version #11.28.06 25 The included Exhibit "C" provides photographs of the graphic design to be produced for the City in reflective vinyl and printed using inkjet or similar technology to achieve the desired looks. Graphics to be produced include side door panels, rooftop areas, rear trunk area, and bumpers as shown. The CONTRACTOR or listed subcontractor shall install graphics and shall include the cost in the bid for NEW BUILDS or RETROFITS. The CITY must be made knowledgeable of any and all subcontractors being used in this contract. Therefore, bidders must list all subcontractors' with their bid submission. Bidders, if awarded a contract, are solely responsible for their performance and that of their subcontractors. 18.05 Materials: Graphics will be intermediate or better vinyl materials. All vinyl must be certified for a minimum of 5-years outdoor service, and warranted against peeling, cracking, fading, and blistering. Commercial brand vinyl made by 3- M, Calon and others are acceptable. Bidders must specify the brand of vinyl to be used in this effort. (Note: 3-M brand materials are highly desired). Vinyl base materials will then be printed to produce the gradient color scheme as shown in Exhibit "D" of this Request for Bids. All inks used for printing shall also be warranted against fading, running, smearing, must be waterproof or protected against water damage, and must remain of consistent color, tint, and hue regardless of when the graphic was produced. If awarded a contract, the CONTRACTOR must submit a completed graphic sample for approval, and the CITY reserves the right to first article approval. Upon approval, the sample may be held by the CITY for use as a standard by which all future graphics will be compared for compliance. Vendor must warranty the completed graphics for a period of not less than 5 years against all defects, including fading, cracking, peeling, color shift, running, blistering, or related effects,. Vendor will be responsible for the replacement graphic item and the installation. Graphic printing must be clean and registration is to be accurate. Ghosting, off registration, fading, non-uniform coverage, changes in color accuracy or hue are unacceptable. All graphics will be completely weeded of all excess materials prior to application of transfer tape. Graphics to be applied to the vehicle must be a single, continuous decal for each item. Splicing of a graphic is not permitted. Final product must be installed without folds or creases in the graphic. In the event that the enclosed EXHIBIT "C" is insufficient for your knowledge of the exact item we are requesting, a vehicle with these graphics will available for inspection at the CITY Fleet Operations Center at 2480 Impala Drive. Bidders may contact the Fleet Operations Supervisor at (760)931-2833 two business days in advance to schedule an appointment. Vehicles may be examined but not available for use outside of the Fleet Operations Center. City Attorney Approved Version #11.28.06 26 3\ BID 07-09 PATROL VEHICLE RETROFIT SERVICES EXHIBIT "C" TRAFFIC / PATROL CAR GRAPHICS 27 City Attorney Approved Version #11.28.06 28 City Attorney Approved Version #11.28.06 CANINE UNIT GRAPHICS K£EP AWAY POLICE DOG 29 City Attorney Approved Version #11.28.06 30 City Attorney Approved Version #11.28.06 31 City Attorney Approved Version #11.28.06 BID 07-09 PATROL VEHICLE RETROFIT SERVICES APPENDIX "B" EQUIPMENT BUILD SHEETS City Attorney Approved Version #11.28.06 32 APPENDIX B mobile engineering technologies A Division OF DEGATUB ELECTRONICS, irccT 10729 Wheatlands Ave. Santee, CA 92071 Estimate Date 12/22/2006 Estimate # 2115 Name / Address Carlsbad Police Department City of Carlsbad Attn: SandyWhiskin 163 5 Faraday Ave. Carlsbad, CA 92008-7314 Item SetinaLPP-Recess Freight In LagunaF2501 Freight In TW-SDSO-CV03-EQ... West Marine 540625 TW-CV-SB TW-SDSO-CV03-DGR San la Cruz SC-i Santa Cruz SC1-AR Santa Cruz SC- 1900 REO SI 7200-0 10 Misc. Parts PP-TW Antcnex MBS Maxrad BMLPVDBS... RFInd.T58C Antenex B8063 RF Ind. RFU600-6 K4S ! 3-1 00 K4S 13-101 Copeland Dockmaster nep Adam Description Lower partition panel w/recess Freight for partition Prisoner seat for 2007 Crown Vic w/ restraints Freight for prisoner seat Equipment mounting plate w/cover for right rear trunk; Crown Vic 7" Stainless steel, clear/red dome light Crown Vic Switch Bracket with over-ride switches and label CV Dual gun Rack Electric gun lock w/key override Gun lock w/key over-ride Butt plate Butt Shoe USB 2.0 Hub and cable Patrol Power power distribution with master rimed solenoid, SLX printed wire, and labeled cover. Antenna base w/cable Dual Band antenna (modern) TNC male connector for RG5S Crimp style (modem antenna) Black Housing, 806 - 866 MHz, 3db gam, 4-7/8" whip length (radio) Mini - UHF RG-58 (radio antenna) On-Off sealed switch for radio Momentary off-(on) switch for brake kill, (to be mounted and labeled to left side of steering wheel) Dockmaster power control module for computer shut-down Project 2007 New Patrol Qty 1 1 i 1 1 1 1 1 1 l 1 1 1 1 2 1 1 1 1 1 1 1 Total 48.67T 50.00 420.00T 75.00 120.00T 3 5. DOT 30.00T 125. DOT 75.00T 100.00T 20.00T 19.50T 50.00T 1,150.001 24.00T 45. GOT 1 .96T 25.00T 3.10T 10.60T 10.60T 195.00T There are (8) 2007 CV's to outfit with all new equipment. SalpS Tax (7 75°/ \ Total Signature Phone # (619)596-1925 Fax# (619)596-1909 E-mail adam@thunderworlcs.net Web Site www.thunderworks.net Page 2 Estimate mobile engineering technologies A D [VISION 8 f PTfTATUR ElECTBOMlCS, I ft gT 10729 Wheatlands Ave. Santee, CA 92071 Date 12/22/2006 Estimate # 2115 Name / Address Carlsbad Police Department City of Carlsbad Attn: SandyWhiskin 1635 Faraday Ave. Carlsbad, CA 92008-7314 Item Misc. Parts Subcontract Labor PS LABOR PS LABOR Kep Adam Description Install supplies, hardware, etc. Labor - Subcontract to provide and install patrol graphic package to include: roof vehicle #, front hood vehicle #, trunk "Carlsbad Police Department", (2) American flags, and (2) digital print "Carlsbad Police" for F/R doors. Public Safety Installation Labor to install emergency lighting and siren equipment to Carlsbad Police Department specifications. Disable dome light and door chimes. Public Safety Installation Labor to install the following Carlsbad provided equipment: 800MHz radio with TW provided, Data91 1 computer system, Placer 650 GPS with CPD provided antenna, RedWing modem with TW provided antenna, and Project 54. TW will connect all hardware and Carlsbad will be responsible for all software. Project 2007 New Patrol Qty 1 1 34 16 Total 100.00T 600.00T 2,550.00 1,200.00 There are (S) 2007 CV's to outfit with all new equipment. C-»l/-ie- Tiv IT 7K°/ \bales lax (/./5/0) $mgg T°tal ,,3,675.06 Signature Phone # (619)596-1925 Fax# (619)596-1909 E-mail adam@thunderworks.net Web Site www.thunderworics.net Page 3 mobile engineering technologies A DmsiQM 6F DECATUR ELECTRONICS, INC. 10729 Wheatlands Ave. Santee,CA 92071 Estimate Date 12/22/2006 Estimate # 2116 Name / Address Carlsbad Police Department City of Carlsbad Attn: SandyWhiskin 1635 Faraday Ave. Carlsbad, CA 92008-7314 Item FedSig Z865400C FedSigZ8654il3A FedSig ZS6541 HA FedSig ZS625113A-Q4 FedSig 413201-05 FedSig 4 1320 1-03 FedSig 6561 01 -06 FedSigRMK FedSig 750501 FedSig 750501 -00 FedSig UPKM-3 FedSig 413106 Go Rhino 503 STK Setina 1 1 1 West Marine 540C25 TVV-CV-SB Rep Adam Description End Dome cap for Radian light bar, clear (to replace faded and oxidized lightbar lenses) Dome, Radian, HotFoot, pass, front/driver rear, clear (to replace faded and oxidized lightbar lenses) Dome, Radian, HootFoot, driver front/pass, rear, clear (to replace faded and oxidized lightbar lenses) Lens, Raydian, front/rear runner, clear (to replace faded and oxid zed lightbar lenses) Hide-away Strobe Head Clear (strobe heads have a limited life cycle) Blue Hide-away strobe bulb (strobe heads have a limited life cycle) 2006+ CVP1 plug and play head light flasher, multi-flash pattern (required for 2006+) Mic extension cable (pre-installed in wire harness) AS 124 100W siren w/field replaceable diaphragm AS 124 bracket for 2007 Crown Vic Park Kill Module (new model) Ricochet power supply, 6 head (most older vehicles did not have a 6-channeI supply installed, required to keep fleet consistent) 2007 Crown Vic push bumper Transfer kit 2007 Crown Vic partition transfer kit 7" Stainless steel, clear/red trunk dome light (older vehicles were not outfitted with this option) Crown Vic Switch Bracket with over-ride switches and label (older vehicles were not outfitted with this option) There are (13) 2007 CV's to retro-fit Project 2007 Retro-Fit Patrol Qty 2 2 2 2 4 2 1 1 1 1 1 1 1 1 1 1 Total 90.00T 35.00T 35.00T 3 3. DOT 101. 59T 86.24T 77.00T 63.03T 115.35T 28. 1ST 36.19T 273. 45T 64.58T 115.00T 35.00T 30.00T Sales Tax (7.75%) Total Signature Phone # (619)596-1925 Fax# (619)596-1909 E-mail adam@thunderworks.net Web Site www.thunderworks.net Page 1 Estimate mobile engineering technologies A DIVISION OF PECATUR ELECTRONICS, \uc~. 10729 Wheatlands Ave. Santee, CA 92071 Date 12/22/2006 Estimate # 2116 Name / Address Carlsbad Police Department City of Carlsbad Attn: SandyWhiskin 1635 Faraday Ave. Carlsbad, CA 92008-7314 Item PP-TW Antenex MBS RF Ind. T58C RF Ind. RFU600-6 Misc. Parts Subcontract Labor PS LABOR PS LAB OR PS LABOR Rep Adam Description Patrol Power power distribution with master timed solenoid, SLX printed wire, and labeled cover. Antenna base w/cable TNC male connector for RG5S Crimp style (modem antenna) Mini - UHF RG-58 (radio antenna) Install supplies, hardware, etc. Labor - Subcontract to provide and install patrol graphic package to include: roof vehicle #, front hood vehicle #, trunk "Carlsbad Police Department", (2) American flags, and (2) digital print "Carlsbad Police" for F/R doors. Public Safety Installation Labor to remove existing equipment from out of service vehicles at the City of Carlsbad Police Station / Fleet Garage. Public Safety Installation Labor to install emergency lighting and siren equipment to Carlsbad Police Department specifications. Disable dome light and door chimes. Public Safety Installation Labor to install the following Carlsbad provided equipment: 800MHz radio with T\V provided, Data91 1 computer system, Placer 650 GPS with CPD provided antenna, RedWing modem with TW provided antenna, and Project 54. TW will connect responsible for all software. There arc (13) 2007 CV's to retro-fit all hardware and Carlsbad will be Project 2007 Retro-Fit Patrol Qty 1 2 1 1 i 1 6 34 16 Total U50.00T 24.00T 1.96T 3. JOT 100.00T 600.00T 450.00 2,550.00 1,200.00 Sales Tax (7.75%) Total Signature Phone # (619)596-1925 Fax# (619)596-1909 E-mail adam@thundervvorks.net Web Site wvAV.thunderworks.net Page 2 Estimate mobile Engineering technologies A DiTTsiDN OF DEEATOR ELECTRONICS. l?iic. 10729 Wheatlands Ave. Santee, CA 92071 Date 12/22/2006 Estimate # 21/16 Name / Address Carlsbad Police Department City of Carlsbad Attn: SandyWhiskin 1635 Faraday Ave. Carlsbad, CA 92008-7314 Item Rep Adam Description This is a modified equipment list than what is listed in the RPQ. This list includes the most common items required to retro-fit a Carlsbad PD vehicle and keep the current specification list. If any additional parts are required to perform the retro-fit, Th underworks will receive prior authorization from Carlsbad Police Department before said work is complete. There are (13) 2007 CV's to retro-fit Project 2007 Retro-Fit Patrol Qty Total Sales Tax (7.75%) $2W07 T°tal Signature Phone # (619)596-1925 Fax# (619)596-1909 E-mail adam@thunderworks.net Web Site www.thunderworks.net Page 3