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HomeMy WebLinkAbout2012-09-11; City Council; 20998; Approve Vehicle Outfitting Tetrofitting ServicesCITY OF CARLSBAD - AGENDA BILL AB# 20.998 DEPT. DIRECTOR MTG. 09/11/12 APPROVE AN AGREEMENT FOR VEHICLE OUTFITTING AND RETROFITTING SERVICES CITY ATTORNEY DEPT. PEM APPROVE AN AGREEMENT FOR VEHICLE OUTFITTING AND RETROFITTING SERVICES CITY MANAGER —- RECOMMENDED ACTION: Adopt Resolution No. 2012-215 approving the Agreement for Vehicle Outfitfing and Retrofitting Services with Johnson Equipment Company. ITEM EXPLANATION: Generally, emergency response vehicles are purchased from the manufacturer with specific performance features and paint schemes, but without various necessary components such as electronic equipment and lighfing that allow them to be "service ready." in order to make the new vehicles available to serve the public, the City contracts with vendors to purchase and install the addifional aftermarket electronics and accessories. In accordance with secfions 3.28.050 and 3.28.080 of the Municipal Code, on July 2, 2012, a Request for Proposals was issued for Vehicle Outfitting and Retrofit Services. Four proposals were received from contractors on July 16. 2012. A best value evaluafion was completed on all four proposals, considering cost, implementafion and delivery schedule, ability to provide service, previous performance and references and unspecified value added offerings with a maximum score of 500 points possible. The results ofthe best value evaluafion are shown in the table below: Vendor Total Weighted Score AEP 180 Airwave Communicafions 342.5 Johnson Equipment 375 10-8 Retrofit 260 Based on their expertise and familiarity with City equipment (Chevrolet Caprice Police Patrol Vehicles and the City's Fire Command vehicles and apparatus), proximity to Carisbad, pricing and ability to meet service demands, staff is recommending award of this contract to Johnson Equipment Company. DEPARTMENT CONTACT: John McKelvey 760-434-2992 iohn.mckelvev@carisbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL/BOARD ACTION: APPROVED CONTINUED TO DATE SPECIFIC • DENIED CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER-SEE MINUTES • AMENDED • Page 2 ENVIRONMENTAL IMPACT: Pursuant to Public Resources Code Secfion 21065, the award of a contract for vehicle outfitting and retrofitting services does not qualify as a "project" within the meaning of the California Environmental Quality Act (CEQA) in that it has no potenfial to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require environmental review. FISCAL IMPACT: The maximum annual cost of this agreement will be an amount not to exceed $300,000. Historically, vehicle outfitting contracts have been funded at this level to address known and unknown needs that may arise during the course of the agreement year. Staff estimates that in the first year of the agreement 13 Patrol Vehicles will need retrofitfing and 1 vehicle will require complete outfitfing. The esfimated cost to retrofit and outfit the expected 14 patrol vehicles is $105,243. The remaining funds will be used for unexpected confingencies due to damaged vehicle repairs or replacement, extra work items and unique or special build projects, such as outfitfing a traffic or canine vehicle, or to outfit new vehicles procured to replace vehicles taken out of service due to collision damage. This contract will also cover work on Fire Command vehicles and apparatus, as needed from fime-to-fime. 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 ofthe agreement. The work completed will be inspected and verified by Property and Environmental Management Department staff prior to authorizafion of each payment. This contract will be primarily funded by the Vehicle Replacement budget, but \NOU\6 use Police, Fire, or other Departmental Operating budgets for special work not associated with outfitting a new vehicle for service. Staff recommends that the City execute a one-year agreement with Johnson Equipment Company, with the option of four additional one-year extensions. EXHIBITS: 1. Resolufion No. 2012-215 approving the agreement for vehicle outfitting and retrofitfing services with Johnson Equipment Company. 2. Agreement for Vehicle Outfitting and Retrofitting Services, PEM585 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2012-215 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD. CALIFORNIA, APPROVING THE AGREEMENT FOR VEHICLE OUTFITTING AND RETROFITTING SERVICES WITH JOHNSON EQUIPMENT COMPANY WHEREAS, the Carisbad Police and Fire Departments and Fleet Maintenance Division need to outfit new emergency vehicles with the necessary electronics, lighfing and equipment to make these vehicles service ready; and WHEREAS, after a public request for proposal process and best value evaluafion. a selection committee comprised of staff from the Police, Fire, and Property and Environmental Management departments judged the firm of Johnson Equipment Company as being the apparent best value, responsive, and responsible proposer to perform these outfitfing and retrofitting services; and NOW, THEREFORE. BE IT RESOLVED by the City Council of the City of Carisbad, California, as follows: 1. That the above recitafions are true and correct. 2. That the agreement with Johnson Equipment Company, a copy of which is attached, is hereby approved, for an amount not to exceed $300,000 per agreement year. 3. Funding for this agreement is authorized from the Vehicle Replacement Fund, and the various Departmental Operafing Budgets that may require vehicle outfitting and retrofitfing services. 4. That the Mayor is hereby authorized and directed to execute a contract for these services, for and on behalf of the City of Carisbad, for a period of one (1) year with the opfion for the City Manager to extend for four (4) addifional one (1) year periods. /// /// 3 12 13 14 15 16 18 19 20 21 22 23 24 25 26 27 28 AYES: Council Members Hall, Kulchin, Blackburn, Douglas and Packard. NOES: None. 1 PASSED, APPROVED AND ADOPTED at a Regular Meefing of the City Council 2 of the City of Carisbad on the 11th day of September 2012, by the following vote to wit: 3 4 5 6 7 8 9 10 11 MATT HALL, r^layor ABSENT: None. ATTEST: LORRAINE M. WOOD, City Clerk (SEAL) ..^^^ivSBAo'V 17 ir^---'^'' 'I,, ^ ,»0 AGREEMENT FOR VEHICLE OUTFITTING AND RETROFITTING SERVICES JOHNSON EQUIPMENT COMPANY PEM 585 THIS ^REEMENT is made and entered into as of the // day of ^^ZLppl.^rr7 L/u- 20 /Pr by and between the CITY OF CARLSBAD, a municipal corporafion, ("City"), and JOHNSON EQUIPMENT COMPANY, a Sole Proprietorship ("Contractor"). RECITALS A. City requires the services of a Vehicle Outfitting and Retrofit contractor that is experienced in retrofitting and installing specialty equipment in various types of emergency vehicles. B. Contractor has the necessary experience in providing services and advice related to Outfitting and Retrofitting emergency vehicles. 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 pracficing 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 (1) year from the date first above written. The City Manager may amend the Agreement to extend it for four (4) addifional one 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 safisfactory review of Contractor's performance, City needs, and appropriafion of funds by the City Council. The parties will prepare a written amendment indicafing the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is ofthe essence for each and every provision of this Agreement. 1 of 25 6 PEM 585 5. COMPENSATION The total fee payable for the Services to be performed during the inifial Agreement term will be not to exceed three hundred thousand dollars ($300,000). No other compensafion 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%) retenfion unfil City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as oufiined in attached Exhibit "A". 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 compensafion to which Contractor is entified. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensafion insurance or unemployment contribufions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax. refirement contribufion, social security, overtime payment, unemployment payment or workers' compensafion 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 elecfion, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. 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 wrifing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 2 of 25 PEM 585 9. 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 by any negligence, recklessness, or willful misconduct 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' compensafion is included as a loss, expense or cost for the purposes of this section, and that this secfion will survive the expiration or eariy terminafion of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the durafion 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 connecfion 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 Rafing of not less than "A-:VII". OR with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rafing in the latest Best's Key Rating Guide of at least "A:X". 10.1 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 obligafions 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. 10.1.1 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. 10.1.2 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. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensafion limits as required by the California Labor Code. Workers' Compensafion will not be required if Contractor has no employees and provides, to City's safisfaction, a declarafion stafing this. 3 of 25 7 PEM 585 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. If box is checked. Professional ^ Liability City's Inifials Contractor's Inifials Insurance requirement is waived. 10.2. Addifional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on General Liability. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life ofthe 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 Nofice provisions of this Agreement. Providing Certificates of Insurance and Endorsements. Prior to City's execufion of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the opfion to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on exisfing 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. 10.5 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. 11. 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-fime. 12. 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 activifies related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 4 of 25 PEM 585 13. 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. 14. 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. 15. NOTICES The name of the persons who are authorized to give written notices or to receive written nofice on behalf of City and on behalf of Contractor under this Agreement. For Citv For Contractor Name John McKelvey Name Greg Johnson Tifie Management Analyst Title Owner Department Property and Env. Mgmt Address 21155 Wallace Avenue City of Carlsbad Perris, CA 92570 Address 405 Oak Avenue Phone No. 951 940 0606 Carisbad CA 92008 Phone No. (760)434 2992 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carisbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 17. 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 afl'ect the performance of the Services by Contractor. Contractor will at all fimes 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. 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 consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibifing discriminafion and harassment. 5 of 25 PEM 585 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Sen/ices the following procedure will be used to resolve any questions of fact or interpretation not othenA^ise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to wrifing. A copy of such documented dispute will be fonA/arded to both parties involved along with recommended methods of resolufion, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolufion within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter oufiining the disputes will be fon^/arded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solufion to the problem. In such cases, the action ofthe 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. 20. 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 nofice to Contractor. Upon notificafion of terminafion. 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 determinafion 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 thirty (30) 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 terminafion date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determinafion as to the portions of tasks completed and the compensation to be made. 21. 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 confingent upon, or resulfing from, the award or making of this Agreement. For breach or violafion of this warranty. City will have the right to annul this Agreement without liability, or, in its discrefion, to deduct from the Agreement price or considerafion, or othenA/ise recover, the full amount ofthe fee, commission, percentage, brokerage fees, gift, or confingent fee. 6 of 25 16 PEM 585 22. 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 anficipation of litigafion or in conjuncfion with litigafion. 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 secfions 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 entified to recover its litigafion 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 jurisdicfion is grounds for City to terminate this Agreement. 23. 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 jurisdicfion 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. 24. 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. 25. 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. 7 of 25 PEM 585 26. AUTHORITY The individuals execufing 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 condifions of this Agreement. CONTRACTOR Jy: CITY OF CARLSBAD, a municipal corporation of the State of California (sign here) ay or (print name/titl^ CJ^ ^ 3ETTY JEAN RUTH^ COMM. # 1978093 S NOTARY PUBUC - CALIFORNIA W RIVERSIDE COUNTY 0 1 ^^t^ss^ COMM. EXPIRES MAY 30,2016-^ Attest: (sign here) (print name/fitle) City Clerk If required by City, proper notarial acknowledgment of execution by ootAf^t^^^^y,<> must be attached. If a corporation, Agreement must be signed by one corpofslfe* officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer OthenA/ise, the corporation must attach a resolufion certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporafion. APPROVED AS TO FORM: RONALD R. BALL, City Attorney Assistant City Attorney 8 Of 25 ACKNOWLEDGMENT State of Califopia. - , County of /^yvf/O/yc .) On A^yv^)^ /y before me. (insert name and fifie of tljieTofficer) personally appeared LJ-'k^c^ who proved to me on the basis of/afisfactory evidence to be the person(^ whose name(^ is/cH:© subscribed to the within instrument and acknowledged to me that he/st»e/tb©y executed the same in his/her/theif authorized capacity(ie9>, and that by his/her/t+^ signature(^ on the instrument the person('s^, or the enfity upon behalf of which the person(V) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws ofthe State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. BETTY JEAN RUTH^ COMM. #1978093 S NOTARY PUBLIC - CALIFORNIA W RIVERSIDE COU^^Y 0 COMM. EXPIRES MAY 30. 2016 / ^ PEM 585 EXHIBIT "A" 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 retrofitfing 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 negofiated 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 PROPOSAL The CONTRACTOR shall set forth in its proposal a delivery schedule and implementafion plan detailing the following items: • Implementafion schedule detailing expected fime period for construcfion of each type of vehicle outfitted or retrofitted including expected fime period from notification of services required to complefion and delivery of the FULLY OPERATIONAL vehicle by the vendor. • Parts acquisifion, parts to be kept in inventory, lead-fime for delivery of ordered parts and other components needed for providing service. • Transportafion methodology for pick up and delivery of vehicles to/from the CITY fleet operations center. • Details regarding warranty and service work including normal expected fime period from notification of warranty service to completion and delivery of vehicles requiring warranty service. III. VEHICLE TYPES AND APPROXIMATE UNITS The standard patrol vehicles ufilized by the CITY are Chevrolet Caprice Police Patrol Vehicle sedans. The CITY expects that this model vehicle will be ufilized throughout the inifial 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 proposal comparison. Quantifies are subject to change depending upon CITY 9 Of 25 PEM 585 budgets, CITY needs and other factors. The CONTRACTOR is advised that the cost portion of the Best Value evaluafion will reflect the inifial expected totals. A. Inifial Agreement Year (15) RETROFIT units. (0) NEW BUILD units. B. Subsequent Agreement Years (Per Year) • (9) RETROFIT units. • (3) NEW BUILD units. The CONTRACTOR is advised that from fime 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 negofiafion by the CITY. Specialty work shall be performed and paid in accordance with this section and Secfion 5.00 EXTRA WORK. The CONTRACTOR is advised that from fime to fime, 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 delefion of work or equipment are subject to acceptance, rejection or negotiation by the CITY. IV. DEFINITIONS Whenever the following terms are used in this agreement, they shall have the following meaning: A. "PROPOSAL 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. 10 Of 25 /6 PEM 585 D. "CONTRACT ADMINISTRATOR" - The MUNICIPAL PROPERTY MANAGER'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 obligafions; failure to perform; and/or not safisfying the condifions of nofice 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 condifion to undertake the funcfion to adequately funcfion as a Police patrol vehicle. I. "NEW BUILD" - The installafion of equipment into patrol cars scheduled to be placed into service, without the requirement of removing exisfing 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 PROPOSAL 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 installafion of equipment, provided by the City of Carisbad, 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 PROPOSAL item. K. "MUNCIPAL PROPERTY MANAGER" - The official designated as the Property and Environmental Management Department, Muncipal Property Manager 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. 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 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 enfire equipment installafions in question at no additional cost to the City. 11 Of 25 '6. PEM 585 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 safisfaction of the CONTRACT ADMINISTRATOR or his designee. 1.05 The CONTRACTOR shall maintain a log lisfing the pick up and delivery fime 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 satisfacfion of the CONTRACT ADMINISTRATOR, within forty-eight (48) hours of notificafion. Failure to comply with this requirement will result in a reducfion in payment to the CONTRACTOR as determined appropriate by the CONTRACT ADMINISTRATOR. 1.07 The CONTRACTOR shall ufilize new hardware (bolts, nuts, screws, clips etc.) when installing equipment in the retrofitted or new installafion Vehicles. 1.08 The CONTRACTOR shall warranty all installafions for a period of one (1) year from the date of delivery ofthe retrofitted vehicle to the City of Carlsbad. 1.09 The CONTRACTOR shall provide transportafion of all vehicles serviced under this agreement, to and from the City of Carisbad's Fleet Operations Center located at 2480 Impala Drive at its own expense. Transportation costs are to be included in the PROPOSAL item price for retrofits, and new installafions, and no addifional compensafion is allowed. In addition, the CONTRACTOR shall transport all vehicles requiring WARRANTY SERVICE at its own expense and no additional compensafion is allowed. 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 complefing a scheduled delivery based on the nature of the delay. The City has the authority to interrupt scheduled delivery should CITY have an emergency. 1.11 CONTRACTOR shall complete all new build and retrofit builds for the CITY within 20 (twenty) working days of receipt of notice to proceed for patrol cars. In the event that CONTRACTOR does not complete build within twenty working days, the CONTRACT ADMINISTRATOR shall determine whether 12 Of 25 '? PEM 585 CONTRACTOR is released of complefing a scheduled delivery 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 certificafions 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 compensafion to be paid by the CITY for all services rendered by the CONTRACTOR under the terms and condifions 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 certificafions 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, cleariy indicafing the Purchase Order number, unit price, total work performed and correcfiy extended totals for each individual PROPOSAL ITEM (SEE SCHEDULE A) 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 submifiied 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 The CONTRACT ADMINISTRATOR may, at his discrefion, add addifional vehicles or require addifional services. The CONTRACTOR shall be compensated for the addifional services that are designated after the date of the commencement of this CONTRACT based on the extension of PROPOSAL item costs as submitted in the REQUEST FOR PROPOSALS or as adjusted in accordance with subsequent amendments to the agreement. The CONTRACTOR agrees that increases or reducfion of quanfifies in an amount less than twenty-five (25) percent of any individual PROPOSAL ITEM shall not be grounds for renegofiafion of the agreed PROPOSAL ITEM price. Increases or reducfion in PROPOSAL item quanfifies that exceed twenty-five (25) percent of an individual PROPOSAL ITEM are subject to negofiafion. Renegofiafion of any PROPOSAL ITEM, applies to that PROPOSAL ITEM only. Other PROPOSAL ITEMS shall not be affected by these provisions. 13 of 25 PEM 585 Any negofiated changes in these PROPOSAL item prices shall be confingent 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 addifion to deducfions sfipulated in other secfions of this agreement, the CONTRACT ADMINISTRATOR may enforce deducfions 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 obligafions of the CONTRACT, the CONTRACT ADMINISTRATOR, may, in addition to other remedies provided herein, withhold the enfire monthly payment, deducted pro-rata from the CONTRACTOR'S invoice for work not performed. Notificafion of the amount to be withheld or deducted from payments to CONTRACTOR will be fonA/arded to the CONTRACTOR by the CONTRACT ADMINISTRATOR in a written nofice describing the reasons for said acfion. The written notice shall constitute reason for any deductions so imposed. 3.04 The acfion 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. 3.05 Failure to deliver completed vehicles within the twenty (20) working day requirement may result in a penalty of fifty dollars ($50) per calendar day for each day the vehicle is not completed and delivered to the CITY ready for service. 4.00 INSPECTIONS. MEETINGS. & REPORTS 4.01 CITY reserves the right to perform inspecfions, including inspecfion of CONTRACTOR'S equipment, at any fime 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 discrefion and convenience of the CONTRACT ADMINISTRATOR, for inspections of the work performed or the work in progress. 4.03 At the request of the CONTRACT ADMINISTRATOR, the CONTRACTOR, or his appropriate representative, shall attend meefings and/or training sessions, as determined by the CONTRACT ADMINISTRATOR, for purposes of 14 Of 25 PEM 585 orientafion, information sharing, CONTRACT revision, descripfion 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 informafion 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 discrefion 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 6.00 or on a TIME AND MATERIALS basis in accordance with Secfion 7.00. 5.02 If the CONTRACT ADMINISTRATOR determines that the Extra Work can be performed by CONTRACTOR'S present work force, CONTRACT ADMINISTRATOR may authorize modificafion of the CONTRACTOR'S Roufine 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 descripfion of the work, a list of materials, and a schedule for complefion. No work shall commence without written approval of the CONTRACTOR'S proposal by the CONTRACT ADMINISTRATOR. This proposal is subject to acceptance or negofiafion 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. 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 esfimate, consistent with the verbal authorizafion, to the CONTRACT ADMINISTRATOR for approval. 15 Of 25 ^0 PEM 585 5.06 All Extra Work shall commence on the specified date established and CONTRACTOR shall proceed diligently to complete said work within the fime 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 negofiated proposal and acceptance basis as when the CONTRACT ADMINISTRATOR determines that it is appropriate to negotiate a fixed price for work in lieu of ufilizing unit prices. Payment for Work shall be performed by negofiated agreement between the CITY and the CONTRACTOR or on a TIME AND MATERIALS basis in accordance with Secfion 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 complefion. 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 7.03 All work shall commence on the specified date established and CONTRACTOR shall proceed diligently to complete said work within the fime 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 16 Of 25 PEM 585 forces, all at the discrefion 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 fime thereof and the action taken pursuant thereto or the reason for non-action. Said log of complaints shall be open to the inspecfion of the CONTRACT ADMINISTRATOR at all reasonable fimes. 10.00 SAFETY 10.01 CONTRACTOR agrees to perform all work oufiined in this CONTRACT in such a manner as to meet all accepted standards for safe pracfices during the performance op his duties and to safely maintain stored equipment, machines, and materials or other hazards consequenfial or related to the work; and agrees addifionally to accept the sole responsibility for complying with all CITY, County, State or Federal requirements at all fimes 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 inspecfions for any potenfial hazards at said sites and keep a log indicafing date inspected and acfion taken. 11.00 CONTRACTOR'S STAFF AND TRAINING 11.01 The CONTRACTOR shall provide sufficient personnel to perform all work in accordance with the specificafion set forth herein. 11.02 In cooperafion with the Carisbad 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 Carisbad 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 consisfing of San Diego, Orange, Los Angeles or Riverside counties. CONTRACTOR shall provide. 17 Of 25 PEM 585 prior to commencement of work under this Agreement, in wrifing to the CONTRACT ADMINISTRATOR, a statement indicafing by name the specific authority vested in the "Local" representative. CONTRACTOR'S "Local" representative shall be responsible for instrucfing and training of CONTRACTOR'S personnel in the proper and specified work method and procedures; direcfing, scheduling, and coordinafing 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 fime during regular working hours (8:00 a.m. to 5:00 p.m., Monday through Friday). 11.04 The CONTRACT ADMINISTRATOR may at any fime 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 fime 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 othenA/ise detrimental to the interest of the CITY or the public. 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 fimes. Shirts shall be worn and buttoned at all fimes. 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 meefing 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 18 Of 25 PEM 585 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 prohibifion 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. 19 Of 25 PEM 585 EXHIBIT "A" 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. Addifionally, 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. Substitufion 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 incompafible with the CITY'S vehicles or that an alternate manufacturers equipment is ofthe same or better quality than the specified equipment. If the CONTRACTOR requests a substitution of any item, a sample ofthe item(s) shall be delivered to the Fleet Operafions Center prior to the deadline for PROPOSAL 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 substitufion request. In addifion 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 ufilize 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 substitufion 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 wrifing, of any damaged equipment. The CONTRACTOR shall be responsible for replacement of 20 Of 25 PEM 585 equipment that is serviceable when the CONTRACTOR takes delivery of the vehicles and damaged aftenA/ard by the CONTRACTOR'S operafions. 14.03 The CONTRACTOR shall return all vehicles to the CITY in the same condifion 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 wrifing, of any exisfing damage. The CONTRACTOR shall be responsible for repair of equipment that is serviceable when the CONTRACTOR takes delivery of the vehicles and damaged aftenA/ard by the CONTRACTOR'S operafions. 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 specificafions as provided by the CITY. Addifionally, 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. Substitufion 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 incompafible with the CITY'S vehicles or that an alternate manufacturers equipment is ofthe same or better quality than the specified equipment. If the CONTRACTOR requests a substitufion of any item, a sample ofthe item(s) shall be delivered to the Fleet Operations Center prior to the deadline for PROPOSAL 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. 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 Specificafions shall be mailed or facsimiled to CITY whenever substitufion of equipment is requested. 21 Of 25 PEM 585 15.02 The CONTRACTOR shall use reasonable care when installing equipment. All equipment shall be mounted solidly and in accordance with the manufacturer's specificafions. The CONTRACTOR shall thoroughly inspect each vehicle, or CITY provided equipment, and shall immediately notify the CONTRACT ADMINISTRATOR in wrifing. 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 aftenA/ard by the CONTRACTOR'S operations. 15.03 The CONTRACTOR shall return all vehicles to the CITY in the same condifion 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 wrifing. of any exisfing damage. The CONTRACTOR shall be responsible for repair of equipment that is serviceable when the CONTRACTOR takes delivery of the vehicles and damaged aftenA/ard by the CONTRACTOR'S operafions. 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 locafions and fuse layouts are to be idenfical on each patrol car and on NEW BUILD cars must match as closely as possible locafions on the CITY'S exisfing fleet. The CONTRACTOR shall provide a diagram for approval prior to construcfion. The diagram shall be CAD generated marked "wiring diagram" and is subject to approval by the CONTRACT ADMINISTRATOR. Proposers may contact the Fleet Supervisor at (760) 931-2192 prior to proposing, 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 excepfion of the requirement for wiring layouts to be idenfical. 17.00 EQUIPMENT LAYOUT 17.01 All equipment locafions and equipment layouts are to be idenfical on each patrol car. The CONTRACTOR shall provide a diagram for approval prior to construction. The diagram shall be CAD generated (or equivalent), 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. 22 Of 25 c27 VEHICLE OUTFITTING AND RETROFIT SERVICES . ^ PROPOSAL SCHEDULE"A" PROPOSAL colarisonoX'^ The atTJ c T^:"^ " "^"'^"^ °' '"^ '^X^ value evaluation will be based on the extended price totals lor *eira?ag^ Jem year ' °' ^' The undersigned declares he/she has carefully examined the locations of the work read the Renn»«t f^r Proposal examined all specifications, and hereby proposes to furnish a" laboT maierials eQuinLm transportation and services required to do all the work in this Vehicle Out ittinTand SteinrSe^ic^ Agreement in accordance with the specifications of the City of Carlsbad and the General Prnv ^^Tn. h,! nelske will take .n full payment therefore ,he following unit oiesfoSchTtem couplet to vlit ' V consistenl wiih the J^J^^^l r ^ad^ CONTRACTOR .^fi be based on the CONTRACTOR S actual work Irtor'ned f"" -T^ rntTr!T°''^^^ "T «ocumenls, and may be different from tf,e exten<ted tot^Ss^siiS^^^^ The cost 10 transport vehicles will be a consideration of the total cost of servces bv the CITY cn^^&Trnf^l ^ K amount m the even the CITY transports a vehicle to CONTRACTOR s facHi^ CONTRACTOR should t»e prepared the CITY this The City of Carlsbad expects to outfit and retrofit the total number of POLICE PATROI VPHiri P« . ^ ^ . matrix the first agreement year. Estimates for future aarf^Jn^^nt ZlZ ^1^,1: * f * 7*°^ VEHICLES mdicated m the above and the number of units to be retroS or ouSd Nr?LTcVvf WctI! '° '^""^^ depending on funding availability on the CITY'S needs. outritted. Non.Police vehicles will be negotiated on a per vehicle basis, depending Schedule "A" Total Amount of PROPOSAL including items 1 ~ 3 in words- Schedule "A" Total amount of PROPOSAL including items 1- 3 in numbers: $ I ti^.. 7q 7/'^f Price(s) given above are firm for 90 calendar days after date of PROPOSAL opening -— ^— has/have been received and is/are included in this Addendum(a) No(s) PROPOSAL. TITLE DATE 23 of 25 Proposers Cost Per Equi|»ment tern (Per Vehicle Cost) Item Description Quantity Unit Cost Extended Cost Troy-CC-CPFS-10 Troy Products Console 8" shifter area/ 10" between seats 1 TroySP-CP-FS1-R Troy Products Caprice Shell for Federal Smart Siren 1 Troy DP-CAP11-DS Troy Products 2011-12 Caprice Rear Door Panel/Driver 1 Troy DP-CAP11-PS Troy Products 2011-12 caprkje Rear dcxjr Panel/Passenger 1 S1.H5 Troy WG-CAP11-H- DS Troy Products Horizontal Rear Window bars/driver 1 Troy WG-CAP11-H- PS Troy Products Horizontal Rear Window bars/passenger 1 TroyAC-CVTRAYSO Troy Products Half-Size trunk tray for Crown Vies, Impalas, Chargers 1 1 Troy AC-CAPTT-50 Troy Products Caprice Half Size Tray Mounting Kit 1 Troy CM-SDMT-SA- LED Troy Products Single Arm Console Side Computer Mnt 1 Troy AC-ARMMNT-FX Troy Products Shorter AC-ARMMNT for low- profile consotes (4x7 pad) 1 TroyAC-INBH-G Troy Products 4" Internal beverage holder w/rubber fingers 1 1 Set DOR Setina Ctoubte Vertical We^on Mounting System with Standard shotgun lock and universal lock 1 -^S(t_>< is 1 Set PB400 Setina High strength aluminum push bumper 1 Pro-Gard CC11A Pro-Gard Poly Va Metal Prisoner partition 1 C3 C3100U Code 3 lOOw Speaker with Universal Bracket 1 ^ \'D» o ''^ j C3 TRX6B Code 3 T-REX 6-up Blue with Black Bezel each side of push bumper at 45 degree 1 io "2 C3TRX6R Code 3 T-REX 6-up Red with Black Bezel each side of push bumper at 45 degree 1 C3 HB6PAK-R Code 3 6-LED tow profile Hide-A-Way Single color, Red for tail lights 2 C3 HB6PAK-B Code 3 6-LED low profile Hide-A-Way Single Cobr. Blue for tall lights 2 U)10 10 24 of 25 so ECVDMLTALOO — — • ••" •• - —- - 1 Universal LED Dome Light- 6" Round wl \ 1 Red Night Light 10/30 volt. White Lens. 1 White LEDS i FS LF12ES-LED Federal Signal 12' maplight 12", on/off switch control 1 SO ETULT12W LED Utility Light, 12" Strip Surface for trunk. 1 ^b,Sl 1 f '• — Str 22052 StreamLight Charger Sleeve for SL-20 Model Flashlights 1 r2it>j STR 22050 StreamLight direct wire charge cord 1 JOT 425-5071 Jotto Power Supply - 3 Outlet DC 1 AntP AP-CG-A-S11- BL Antenna Plus Tri Mode antenna, Black 1 ANT MBS Antennex Brass Mount.. No connector 1 ANT QW8000 806-896 MHz Unity 1/ 4 Wave Anttena 1 i LAG CC7501 Laguna transport seat w/ belt system 1 j TOMAR 970-4407 TOMAR SCORPION LIGHT BAR (See Attached) 1 Grand Total Per Vehicle 25 of 25 J6 Karen Kundtz From: Sent: To: Cc: Subject: Lisa Hildabrand Monday, September 10, 2012 3:38 PM Council Archive Karen Kundtz; Lorraine Wood FW: Agenda item # 2 From: John McKelvey Sent: Monday, September 10, 2012 12:41 PM To: Lisa Hildabrand Subject: Re: Agenda Item 2 HI Lisa, Johnson is located in Perris Ca. Either our Senior Volunteers from the PD will transport the cars to and / or from the vendor, or Johnson Equipment will transport for us for a fee ($100). We asked for a price in the RFP to compare vendors as we wanted this option. It's my understanding that we frequently do the transport using volunteers, but having the option to have the vendor transport gives us greater flexibility. The other serious contender was in Commerce, CA, and having driven up there during a morning rush hour to check their facility, it was quite a drive. For the record, two additional proposals were received from companies in Ontario and Santee. The Santee firm (AEP) has done work for us before, but due to cost and other factors, they were not considered for the award. John Sent via DroidX2 on Verizon Wireless"^ Original message From: Lisa Hildabrand <Lisa.Hiidabrand@carisbadca.qov> To: John McKelvey <John.McKeivev(S)Garisbadca.gov> Cc: Joe Garuba <Joe.Garuba(g)carlsbadca.gov> Sent: Mon, Sep 10, 2012 19:32:59 GMT+00:00 Subject: Agenda item 2 Hi John, Can you tell me where Johnson equipment is located and how the vehicles will be transferred there to be outfitted? Thanks Lisa Date: Distribution: City Clerk Asst. City Clerk Deputy Clerk Book