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HomeMy WebLinkAbout2013-06-11; City Council; 21248; Acceptance Agreement Signal Program PN 6320CITY OF CARLSBAD - AGENDA BILL AB# 21.248 ACCEPTANCE OF BIDS AND AWARD OF MASTER PURCHASE AGREEMENT FOR THE PROCUREMENT OF TRAFFIC SIGNAL PREEMPTION EQUIPMENT FOR THE TRAFFIC SIGNAL PROGRAM, PROJECT NO. 6320 DEFT. DIRECTOR OH^ MTG. 6/11/13 ACCEPTANCE OF BIDS AND AWARD OF MASTER PURCHASE AGREEMENT FOR THE PROCUREMENT OF TRAFFIC SIGNAL PREEMPTION EQUIPMENT FOR THE TRAFFIC SIGNAL PROGRAM, PROJECT NO. 6320 CITYATTY. DEPT. PW ACCEPTANCE OF BIDS AND AWARD OF MASTER PURCHASE AGREEMENT FOR THE PROCUREMENT OF TRAFFIC SIGNAL PREEMPTION EQUIPMENT FOR THE TRAFFIC SIGNAL PROGRAM, PROJECT NO. 6320 CITY MGR. ^^Q^ RECOMMENDED ACTION: Adopt Resolution No. 2Q13-128 accepting bids and awarding a master purchase agreement for the procurement of traffic signal pre-emption equipment for the Traffic Signal Program, CIP Project No. 6320. ITEM EXPLANATION: As part of the city's continued investment in traffic signals, staff will be updating the emergency vehicle pre-emption equipment. Pre-emption equipment allows emergency vehicles to interrupt (i.e., pre-empt) traffic signal operations and implement a green signal indication serving the movement of the approaching emergency vehicle while all other approaches receive a red indication. This equipment significantly reduces response times and the potential for collisions when emergency vehicles maneuver through signalized intersections during emergency responses. The existing equipment is now dated and allows illegal units to be used by drivers of non-emergency vehicles. These illegal units unnecessarily disrupt traffic flow increasing the chance of collisions and causing unnecessary delay to others. The equipment upgrade will block the use of illegal units and implement a management system that can track signal pre-emption activity. The proposed equipment will be installed in existing traffic signal cabinets or mounted on existing traffic signal poles. The bids establish unit prices that will be used for the master purchase agreement. The engineer's estimate for this bid was $1,000,000. City staff and the traffic signal maintenance contractor (Siemens, Inc.) will install this equipment as part of a separate contract. The vendor will assist with the Installation of equipment. Three (3) responsive bids were received as follows: CONTRACTOR BID TOTAL \ 1. DDLTrafficJnc. $399,098 3. KM Enterprise, Inc. $1,170,757 2. Southwestern Traffic Systems, Inc. $1,181,950 DEPARTMENT CONTACT: Doug Bilse 760-688-8600 Doug.Bilse(5)carlsbadca.gov FOR CLERK USE. • COUNCIL ACTION: APPROVED • CONTINUED TO DATE SPECIFIC • DENIED • CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER- SEE MINUTES • AMENDED • REPORT RECEIVED • The lowest bidder, DDL Traffic, Incorporated (DDL) submitted a bid in the amount of $399,098. The third- party consultant that prepared the equipment specifications reviewed the bid documents and determined that the DDL bid is a responsive bid. The bids were evaluated using a "best value" approach, and the lowest cost bid was also the highest scoring bid. Therefore, staff recommends that DDL be awarded the contract. FISCAL IMPACT; The enclosed bid items establish unit costs for traffic signal pre-emption equipment through a five-year master purchase agreement. The resolution allows the City Manager to use the master purchase agreement to approve procurement of traffic signal pre-emption equipment for a total of $800,000 over the five-year contract. The difference between the bid price and recommended contract spending limit is related to optional equipment (e.g., extended warranty) and additional units that may be replaced over the next five years as part of on-going maintenance costs after the CIP project is completed. There are adequate funds remaining in the CIP Infrastructure Replacement Fund for this amount. ENVIRONMENTAL IMPACT; The project is exempt from the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15301(c) - minor alteration of existing facilities, including streets, sidewalks, gutters, and similar facilities involving negligible or no expansions. EXHIBITS; 1. Resolution No. 2013-128 accepting bids and awarding a master purchase agreement for the procurement of traffic signal pre-emption equipment. 2. Master Service Agreement for Traffic Signal Preemption Equipment DDL Traffic, Inc. 3. Request for Bid. 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 N0.2Q13-128 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING BIDS AND AWARDING A MASTER PURCHASE AGREEMENT FOR THE PROCUREMENT OF TRAFFIC SIGNAL PRE-EMPTION EQUIPMENT FOR THE TRAFFIC SIGNAL PROGRAM CIP PROJECT NO. 6320 AND TRAFFIC SIGNAL MAINTENANCE PROGRAM WHEREAS, the City Council of the City of Carlsbad, California, has determined it necessary, desirable, and in the public interest to maintain the traffic signals and improve signal operations; and WHEREAS, the project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301(c); and WHEREAS, three (3) sealed bids were received on April 11, 2013 for the project; and WHEREAS, the highest ranking bid for the project was submitted by DDL Traffic, Incorporated in the amount of $399,098; and WHEREAS, there are sufficient funds available in the in the Infrastructure Replacement fund for the Traffic Signal Program (CIP Project No. 6320) and the General fund for the traffic signal maintenance program for this project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the bid submitted by DDL Traffic, Incorporated in the amount of $399,098 is hereby accepted and the Mayor is hereby authorized to execute a master purchase agreement based on this bid for the procurement of the Traffic Signal Program CIP Project No. 6320, in accordance with the specifications, contracts, and master purchase agreement documents on file with the Purchasing Officer. 3. That the City Manager is hereby authorized to approve additional equipment procurement up to the amount of $800,000 to DDL Traffic, Incorporated for the Traffic Signal Program, CIP Project No. 6320 and traffic signal maintenance program based on the unit prices included in the master purchase agreement with DDL Traffic, Incorporated. 3 1 4. That the award of this contract in a form as approved by the City Attorney is 2 contingent upon DDL, Incorporated executing the required master purchase agreement and 3 submitting the required bonds and insurance policies, as described in the contract, within twenty 4 (20) calendar days of adoption of this resolution. The City Manager may grant reasonable ^ extensions of time. 6 II 7 // 8 // 9 10 11 12 13 14 // 17 18 19 20 23 24 25 26 27 28 // // // // 15 // 16 // // // // 21 // 22 // // // // 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 11^^ day of June , 2013, by the following vote to wit: AYES: NOES: Council Members Hall, Packard, Wood, Blackburn and Douglas. None. ABSENT: None. ATTEST: TRAN1011 "mis A )6ration, he MASTER PURCHASE AGREEMENT FOR TRAFFIC SIGNAL PREEMPTION EQUIPMENT (DDL TRAFFIC, INC.) AGREEMENT is made and entered into as of the ' day of , 20^. by and between the CITY OF CARLSBAD, a municipal corp6r6tion, hereinafter referred to as "City", and DDL Traffic, Inc. a California corporation, hereinafter referred to as "Seller" or "Contractor." RECITALS A. The parties to this exclusive Agreement will purchase from Seller and Seller will sell to City, traffic signal communications equipment during the term of this Agreement. B. To expedite these contemplated purchases, the parties are willing to enter into this exclusive Agreement that sets forth the terms and conditions that will govern all such transactions between them. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein. City and Contractor agree as follows: 1. DEFINITIONS 1.1. Buyer. With respect to purchase orders issued by City, the term "Buyer" means City of Carlsbad. 1.2 Products. The term "Product" means those goods and services listed in Exhibit 1 for which Buyer issues to Seller a purchase order during the term of this Agreement. Products and specific terms are described in Exhibit 2 - Request for Bid, which are attached hereto and incorporated herein by this reference in accordance with the terms and conditions set forth in this Agreement. 2. ISSUANCE OF PURCHASE ORDERS Buyer may issue purchase orders to Seller from time to time for the purchase of Products. Each purchase order shall contain a description of the Products ordered, the quantities and prices, the terms and place of delivery, and will reference City of Carlsbad Bid #13-04. Every purchase order issued by Buyer to Seller following the date of this Agreement and bearing such a notation shall be governed by and be deemed to include the provisions of this Agreement. In the event of an inconsistency between any term(s) and condition(s) of this Agreement, Exhibit 1 or the placed purchase order, the inconsistency will be resolved in the following descending order of precedence: (1) this Agreement, (2) Exhibit 1, and (3) the purchase order. The City will indicate its specific requirements on its purchase order documents including, but not limited to delivery address and instructions. There will be no minimum order and all items must be available for the term of this Agreement. All items will be delivered F.O.B. Destination, Freight Prepaid and Allowed, and at the prices set forth in Exhibit 1. 3. TERM This Agreement will be effective for a period of three (3) years from the date first above written. This Agreement may be amended to extend its term for up to two (2) additional one (1) year periods, subject to Seller's continued satisfactory performance under this Agreement and the annual appropriation of funds by the City. In such event, the parties will prepare a written amendment, indicating the effective date of the amendment and the length of the extended Agreement. 4. COMPENSATION The cumulative total for all purchases allowed pursuant to this Agreement will not exceed eight hundred thousand dollars ($800,000) per the agreement term in its entirety. 5. TERMINATION City may terminate this agreement at any time with thirty (30) days written notice to Seller. Seller may terminate this Agreement at any time with ninety (90) days written notice to the City. 6. DELIVERY A. The delivery for purchase orders placed pursuant to this Agreement shall be as specified in the City's purchase order. B. Time is of the essence on orders and delay in delivery will cause injury to the Buyer. Should the Contractor be obstructed or delayed in the production or delivery of Product(s) required hereunder by any act or omission of the City or by strikes, an act of God, or by no fault of the Contractor in its ability to obtain materials ("Delaying Event"), then the time for delivery of the order shall be extended for such period as may be either agreed to between Contractor and City or equal to the period of time of the Delaying Event. C. Notwithstanding any other provision of this Agreement, if delivery cannot be made within forty five days after receipt of a purchase order. Buyer may, upon knowledge of the fact and regardless whether or not the delay would be excusable, terminate the purchase order by written notice to Seller. The termination shall be without cost to Buyer and shall discharge all obligations and liabilities of the Buyer/Seller under the purchase order except as to Products previously delivered and accepted by Buyer. 7. PASSAGE OF TITLE AND RISK OF LOSS Unless otherwise specified in a particular purchase order placed pursuant to this Agreement, title to and risk of any loss of or damage to the Products shall pass from Seller to Buyer when the Products are accepted in writing by the Buyer using a shipping acknowledgement form submitted by the Seller with each shipment. Seller shall inspect and test all Products prior to shipment to Buyer. In addition, all Products shall be subject to final inspection and acceptance by Buyer at Buyer's facility. Final inspection and acceptance or rejection will be made by Buyer within thirty (30) days after receipt of Products, and failure of Buyer to reject any Product within thirty (30) days after receipt shall constitute acceptance. Should Buyer reject any Product for failure to conform to the requirements of a purchase order. Buyer shall notify Seller in writing of the rejection, giving detailed reasons for the rejection. Seller shall then have the option to repair or replace the nonconforming Product within ten (10) days at Buyer's designated delivery facility. If Seller fails to act to correct any nonconforming Product within this time period, then Buyer may return any nonconforming Product(s) to Seller. Rejected items to be returned to Seller shall be shipped at Seller's risk and expense. City Attorney Approved Version 1/30/13 8. WARRANTY Seller warrants to Buyer that all Products delivered under this Agreement shall be free from defects in materials and workmanship, that all Products will conform to the requirements of the order including, but not limited to, the applicable descriptions, specifications, and drawings agreed to by the parties and, to the extent the items are not manufactured pursuant to detailed designs furnished by Buyer, that all Products will be free from defects in design and suitable for the intended purposes. In addition, Seller warrants that all Products will, at the time of delivery, be free from any security interest or other lien or encumbrance. 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 attorney's 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. 10. INSURANCE Seller will obtain and maintain during the term of this Agreement, and any subsequent amendments to it, insurance for personal injury and property damage arising out of or in connection with Seller's performance under this Agreement. Required are: Policies of commercial general liability insurance, a combined policy of workers' compensation, employers liability insurance, automobile insurance, from an insurance company authorized to transact the business of insurance in the State of California which has a current rating in the Best's Key Rating guide of at least A-:V in an amount of not less than one million dollars ($1,000,000) each, unless otherwise authorized and approved by the City Attorney or the City Manager. Seller will obtain occurrence coverage. The insurance will be in force during the life of this Agreement and will not be canceled without thirty (30) days prior written notice to the City by certified mail. Contractor will furnish certificates of insurance to the City's Purchasing Department, prior to City's execution of this Agreement. 11. NOTICES All notices and other communications required or authorized under this Agreement shall be given in writing either by personal delivery or by first class mail addressed to the respective party. 12. COMPLIANCE WITH LAWS Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment and, if required, will obtain and maintain a City of Carlsbad Business License for the term of this Agreement and any amendments to the Agreement. 13. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, Government Code sections 12650, et seq.. and Carlsbad Municipal Code Sections 3.32.025, et seq. Contractor further acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to terminate this Agreement. 14. VENUE AND JURISDICTION Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any 3 City Attorney Approved Version 1 /30/13 disputes between the parties arising out of this Agreement is the Superior Court of California, County of San Diego, California. 15. ASSIGNMENT Contractor may not assign this Agreement or any part of it, nor may it assign any monies due or that may become due under it, without the prior written consent of City. 16. AMENDMENTS This Agreement may be amended by mutual consent of City and Contractor. Any amendment will be in writing, signed by both parties, with a statement of estimated changes in charges or time schedule. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// City Attorney Approved Version 1/30/13 1 17. 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. Executed by Contractor this day CONTRACTOR DDL TRAFFIC, INC., a California corporation 2013. CITY OF CARLSBAD, a municipal corporation of the State of California ^ (sign here) ^ (print name/title) By: A (sign/fere) ATTEST: City Clerk (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: CELIA A. BREWER, City Attorney BY: Assistant City Attorney ^ City Attorney Approved Version 1/30/13 0 EXHIBIT 1 -Ir} A^e^/v^nt Master Price and Fee Schedule for RFB #13-04 Opticom PRODUCT NUMBER MODEL PRODUCT NAME UNIT PRICE 78-8009-6556-4 138 Detector Cable 500 ft. (152.4 m ) Spool Priced per foot $0.21 78-8009-6557-2 138 Detector Cable 1000 ft. (304.8 m) Spool Priced per foot $0.21 78-8009-6393-2 138 Detector Cable 2500 ft. (762.0 m) Spool Priced per foot $0.21 78-8060-1634-7 575 Confirmation Light Kit $81.90 78-8095-3852-9 711 Detector, Single Channel, One Direction $425.60 78-8095-3853-7 721 Detector, Single Channel, Two Directions $241.95 78-8095-3854-5 722 Detector, Two Channel, Two Directions $337.55 78-8009-5667-0 708 Span Wire Clamp (3/8" [.95 cm] diameter) $18.90 78-8114-5920-1 755 Four Channel Adapter Card $52.50 78-8114-5300-6 760 Card Rack with PI Harness Assembly $168.00 78-8118-6560-5 760-Pl Harness Assembly $68.25 76-1000-1056-0 762 Phase Selector (2 channel) * $879.38 76-1000-1054-0 764 Multimode Phase Selector * $1,375.50 76-1000-1059-0 768 Multimode Auxiliary Interface Panel (AlP) $150.00 76-1000-1039-0 794H LED Emitter (High priority) * $497.50 76-1000-1040-0 794L LED Emitter (Low priority) * $995.00 76-1000-1043-0 RC790 Remote Coding Unit (For use with Model 794 LED Emitters only, Batteries not included) $300.00 78-8113-4965-9 793S Emitter Switch (On/Off Control Box) $70.00 76-1000-1041-0 794R LED Emitter (Range Control) */** $995.00 76-1000-1047-0 794T LED Emitter (Low priority for Transit Only) * $995.00 78-8113-4960-0 793B Emitter Switch (On/Off "L" bracket) $75.00 78-8118-6441-8 793R Emitter Switch (Range Control Box) $330.00 78-8113-4540-0 792H Emitter (High priority) $995.00 26-1014-5721-1 — Serial Communication Cable (RS-232 Serial Cable for 790CS Emitter Programming) $20.00 78-8113-4559-0 — 790CS Emitter Programming Y-Cable ** $350.00 75-0301-4462-2 770 Gate Opener Card Rack with 100 ft. [30.48m], 138 Cable $315.00 78-8118-6978-9 1010 GPS Radio Unit (Mast Mount) $1,340.00 78-8125-0421-1 1070 GPS Installation Cable - 500 ft. (152.4 m) Spool Price per Foot $0.30 78-8125-0422-9 1070 GPS Installation Cable -1000 ft. (304.8 m) Spool Price per Foot $0.30 78-8125-0423-7 1070 GPS Installation Cable - 2500 ft. (762.0 m) Spool Price per Foot $0.30 76-1000-1027-0 1012 GPS Radio Unit, included in package is 1050 GPS / Radio Antenna and 1072 GPS Cable Assembly $2,680.00 76-1000-1155-0 — Includes: Model 2101 High Priority Radio/GPS Control Unit; Model 1050 GPS/Radio Antenna; Model 2171 Vehicle Interface Cable; Vehicle Hardware Installation Kit. $3,000.00 ii Master Price and Fee Schedule for RFB #13-04 Opticom ,TM PRODUCT NUMBER MODEL PRODUCT NAME UNIT PRICE 76-1000-1156-0 — Includes: Model 2101 Low Priority Radio/GPS Control Unit; Model 1050 GPS/Radio Antenna; Model 2171 Vehicle Interface Cable; Vehicle Hardware Installation Kit. $3,000.00 76-1000-1062-0 — GPS IntelliGreen Kit. Includes: Model 1010 GPS Radio Unit (Mast Mount); Model 1070 GPS Installation Cable -150 ft. (45.72 m); Model 1060 GPS IntelliGreen Control Unit. $2,855.00 76-1000-1144-0 — GPS IntelliGreen External Device Activation Option $250.00 76-1000-1149-0 792HM Multimode Strobe Emitter (High Priority) $995.00 76-1000-1135-0 794HM Multimode Emitter (High Priority) $497.50 76-1000-1157-0 — Includes: Model 2100 High Priority Radio/GPS Control Unit; Model 794HM Multimode High Priority Emitter; Model 2171 Vehicle Interface Cable; Vehicle Hardware Installation Kit $1,750.00 76-1000-1158-0 — Includes: Model 2101 Low Priority Radio/GPS Control Unit; Model 794TM Multimode High Priority Emitter; Model 2171 Vehicle Interface Cable; Vehicle Hardware Installation Kit $3,500.00 76-1000-1160-0 — Includes: Model 2100 High Priority Radio/GPS Control Unit; Model 2171 Vehicle Interface Cable; Vehicle Hardware Installation Kit $1,252.50 76-1000-1161-0 — Includes: Model 2101 Low Priority Radio/GPS Control Unit; Model 2171 Vehicle Interface Cable; Vehicle Hardware Installation Kit $2,505.00 REQUEST FOR BID RFB #13-04 FOR Emergency Vehicle Preemption System March 5,2013 BIDS IMUST BE RECEIVED SEALED AND CLEARLY IMARKED ON THE OUTSIDE WITH "RFB #13-04 ElMERGENCY VEHICLE PREEIMPTION SYSTEIM" BIDS IMUST BE RECEIVED PRIOR TO 11:00 A.M. ON THURSDAY APRIL 11,2013 AT: CITY OF CARLSBAD John DeRego Purchasing Department 1635 Faraday Avenue Carlsbad, CA 92008 BIDS IMAY BE SUBMITTED BY MAIL OR DELIVERED DIRECTLY TO THE ABOVE ADDRESS IN THE LOBBY PRIOR TO THE DATE AND TIIME SPECIFIED ABOVE. THE CITY OF CARLSBAD ENCOURAGES THE PARTICIPATION OF MINORITY- AND WOMEN- OWNED BUSINESSES \3 TABLE OF CONTENTS FOR RFB #13-04 ElMERGENCY VEHICLE PREEIMPTION SYSTEIM Request For Bid 1 Vendors Bid 2 Option To Renew 4 Public Agency Clause 4 List Of Submittals 5 Schedule 5 Evaluation Of Proposal 6 Best Value Scoring System 6 Minimum Vendor Qualifications 7 Vendor's Statement of Ability to Provide Goods and Warranty Services 8 Vendor's Statement Of Unspecified Value-Added Offerings 9 Vendor's Statement of Equipment Performance Exceeding Min Specifications.... 10 Vendor's Statement of Add-Ons 11 Delivery Schedule 12 Attachment 1: Sample Purchase Agreement 13 Attachment 2: Technical Specifications 19 Attachment 3: General Provisions 34 REQUEST FOR BID EMERGENCY VEHICLE PREEMPTION SYSTEM BID NO. 13-04 Bid Opening: April 11,2013 11:00 a.m. FOR: Furnishing the City of Carlsbad with Emergency Vehicle Preemption System equipment in accordance with the attached specifications for the City's future maintenance procurements. Quantities listed are for estimated purchases for one year. Actual quantities may be greater or lesser at the time of ordering. The awarded vendor will only be paid for actual quantities purchased by the City. It is the intent of this Bid to become the City's specification and procurement engine for Emergency Vehicle Preemption System related equipment for future work. In accordance with the Carlsbad Municipal Code, awards shall be based on a best value evaluation. Initial criteria used for the evaluation will include: cost, responsiveness to specifications, and unspecified value-added offerings which may be offered by the bidder. Staff will recommend final award to the City Council. The lowest bidder may not receive the award. The attached specification sheets, price sheet, and unspecified value-added offerings sheet must be completed and returned with your bid in a sealed envelope clearly marked ''RFB #13- 04 Emergency Vehicle Preemption System". Manuals, brochures, cut sheets and all other required submittals must be included with the bid in an Attachment. If you have questions regarding the specifications, please call Doug Bilse at (760) 602-7504. If you have questions regarding the bid process, please call John DeRego at (760) 602-2467. THE CITY OF CARLSBAD ENCOURAGES THE PARTICIPATION OF MINORITY- AND WOMEN- OWNED BUSINESSES 1 of 45 VENDOR'S BID* Proposed Cost of Service Chart The matrix below describes nine items upon which the City requests a bid. Please note that the numbers listed in the "Quantity and Units'' category of the matrix below are estimates only, and will not be used for any purpose other than to compare bids received in response to this Request for Bids. The actual payments made to the Vendor will be based on the Vendor's actual materials delivered to the City consistent with the terms and conditions of the contract documents. The undersigned declares he/she has carefully read the Request for Bids, examined all specifications, and hereby proposes to furnish all materials, equipment, transportation, and services required to do all the work in this Request for Bids in accordance with the specifications of the City of Carlsbad, and the General Provisions and that he/she will take in full payment therefore the following unit prices for each item complete, to wit: Item No. ** Description *Estimated Quantity and Units Unit Price Total 1. Emergency Vehicle Preemption System 100 Each Intersection $ Each $ (Extended Amount) 2. Emitter Assembly 4 Each $ Each $ (Extended Amount) 3. Dual Unit Optical Detector for 2 directions of travel 200 Each $ Each s (Extended Amount) 4. Single Unit Optical Detector for 1 direction of travel 50 Each $ Each s (Extended Amount) 5. Cable (assume 100ft units) 50 Each $ Each s (Extended Amount) 6. 4-Direction, 8-Phase Discriminator Module{s) 50 Locations s Each Location $ (Extended Amount) 7. Handheld Emitter 2 Each $ Each s (Extended Amount) 8. Management System Lumo Sum $ s 9. Restricted Use Equipment Lump Sum for 170 sites $ S 9. Restricted Use Equipment '^Estimate based on estimated City needs and is for bid comparison purposes only. The actual payments made to the Vendor will be based on the actual items delivered to the City consistent with the terms and conditions of the contract documents, and may be different from the prices estimated above. ** See below for a description of Bid Items. 2 of 45 Item 1: Emergency vehicle preemption equipment to be provided shall include: a) Rack-mounted discriminators in each controller assembly, sufficient for a fully functional 8- phase intersection with 4 approaches. b) Optical Detectors, GPS units, or appropriate equipment needed to detect emergency vehicles. c) Detector cable, if necessary, as recommended by the manufacturer. Item 6:4-Direction, 8-Phase Discriminator Module(s) a) All of the discriminators need to be replaced for a typical 8-phase intersection at 50 different locations. The new discriminators shall be compatible with existing Opticom emergency vehicle emitters and Opticom 700 series detectors. The existing detectors and emitters are operational and do not need to be replaced unless necessary to provide the operation as required per this specification. The bidder shall include an itemized listing of all equipment proposed to be provided, and the cost of all equipment must be reflected in the bid price. Specifically, if the proposed product is not compatible with the existing Opticom detectors and emitters, then the proposed bid must include all equipment needed for a fully functional emergency vehicle preemption system. Total amount of Vendor's Bid in numbers: (Items 1-9) Total amount of Vendor's Bid in words: (Items 1-9) In the event of a discrepancy between the total amount of Vendor's proposal written in words or numbers, the amount written in words shall govern. Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s). has/have been received and is/are included in this bid. The Undersigned has checked carefully all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this proposal. Will successful bidder agree to hold unit prices firm through the initial contract period? (One year from date of award by City Council) Yes No Print Name Title Signature 3 of 45 OPTION TO RENEW The City may desire to exercise an option to renew the Contract for two (2) additional one (1) year periods. The City proposes that such renewal be contingent on a mutual agreement between the City and the successful bidder herein, such agreement to be confirmed sixty (60) days prior to the termination of the contract period. Either the City or the bidder may at that time decline to confirm the renewal of the Contract, for any reason whatever, and such declination would render the renewal option null and void. Would the bidder accept an option to renew, subject to the above stated conditions? Yes No PUBLIC AGENCY CLAUSE It is intended that any other public agency (i.e., city, district, public authority, public agency, municipal utility and other political subdivision or public corporation of California) located in the State of California shall have the option to participate in any award made as a result of this solicitation. The City of Carlsbad shall incur no financial responsibility in connection with purchase by another public agency. The public agency shall accept sole responsibility for placing order or payments to the vendor. Option shall not be considered in bid evaluation. Indicate below whether said option is or is not granted. Yes No There will be no minimum order and all items must be available for the initial contract period (One year from date of award by City Council). All item(s) delivered F.O.B. Destination, Freight Prepaid and Allowed, and at the prices set forth in the bid proposal. 4 of 45 1 U READ THE ATTACHED GENERAL PROVISIONS CAREFULLY, THEY ARE A PART OF YOUR BID. Terms GUARANTEE OF GOOD FAITH REQUIRED: S None Required (FAILURE TO SUBMIT GUARANTEE OF GOOD FAITH WILL VOID THE BID. SEE PARAGRAPH 3, GENERAL PROVISIONS.) Firm Address City State, Zip. Print Name. Signature Telephone Date LIST OF SUBMITTALS The following items must be submitted with your proposal. Omissions may be cause to consider your proposal non-responsive in the City's sole discretion. Completed Proposed Cost of Service Chart. Statement of Qualifications Statement of Ability to Provide Goods and Warranty Services Statement of Unspecified Value Added Offerings Statement of Equipment Performance Exceeding Minimum Qualifications Equipment Performance Add-Ons Statement of Delivery Schedule. SCHEDULE • Bid Advertisement: Tuesday March 5,2013 • Questions due date: Friday, March 22, 2013 • Bid Opening: Thursday April 11, 2013 at 11:00 a.m. • Contract Award: Tuesday May 14,2013 5 of 45 . ^ EVALUATION OF PROPOSAL 1. The Vendor shall not be relieved from assuming all responsibility for properly estimating the difficulties and the cost of providing the goods required with this specification, because of failure to investigate the conditions or the Vendor's failure to become acquainted with all the information concerning the goods to be delivered. 2. In accordance with the Carlsbad Municipal Code, awards shall be based on a best value evaluation. Initial evaluation criteria are listed below. Staff will recommend final award to the City Council. The lowest bidder may not receive the award. 3. Each vendor, by the submission of a bid, assents to each and every term and condition set forth within this specification and attached agreement and, upon award, agrees to be bound thereby. 4. Any bid which is incomplete, conditional or obscure, or which contains irregularities of any kind, may be cause for rejection in the City's sole discretion. 5. It is the vendor's responsibility to ensure that all addenda issued are incorporated in their submitted bid. Failure to acknowledge and incorporate addenda may be cause for a City determination of vendor's "non-responsiveness." 6. If a vendor takes any exceptions to any part of these specifications as written, or as amended by any Addenda subsequently issued, they must do so in writing at the time of bid submission. Failure to do so will be construed as acceptance of all provisions of the specifications. BEST VALUE SCORING CRITERIA: 100 Percent Possible Price: 40% Compliance with Specification and Technical Capability: 25% Compatibility with Existing System: 15% Approach to Addressing Use of Illegal Emitters: 10% Value Added Offerings: 10% 6 of 45 20 MINIMUM VENDOR QUAUFICATIONS 1. The Vendor is required to be a manufacturer's authorized distributor for the traffic signal equipment that are submitted in this request for bids. The Vendor shall provide and attach documentation to the bid verifying their status as a manufacturer's authorized distributor. 2. All equipment submitted must comply with current specifications. The City may test any and or all vendor proposed equipment at the City's discretion to ensure that the system meets the bid requirements. 3. Any Vendor that fails to provide the required proof of qualifications shall have their bid declared "Non-Responsive", at the City's discretion, and their bid shall not be considered for this procurement. By submission of a bid. Vendor's agree that the City of Carlsbad shall make the sole determination as to the Vendor meeting these minimum qualifications. Attachments may be used. 7 of 45 VENDOR'S STATEMENT OF ABILITY TO PROVIDE GOODS AND WARRANTY SERVICES The Vendor is required to make a statement of how goods and warranty services will be provided. Include: Time period between award and start of delivery, number of requested items currently in stock, company resources dedicated to goods production, length of time the manufacturer has been in business, how quickly warranty items can be addressed, method of warranty service request and company procedures for meeting warranty obligations and any other information you can offer that will help determine your ability to provide goods and warranty services. The City of Carlsbad reserves the right to evaluate the competency and responsibility of all bidding companies and to evaluate the ability of any bidder to perform all conditions of the contract to assure the award of this contract to a firm able to produce the quality of goods and warranty service required and intended by these specifications. Attachments may be used. 8 of 45 21 VENDOR'S STATEMENT OF UNSPECIFIED VALUE-ADDED OFFERINGS List items or services you are offering in addition to those in the attached specifications or scope of work offered as part of your bid and included in your bid pricing. If none, please state "none". Attachments may be used. 9 of 45 VENDOR'S STATEMENT OF EQUIPMENT PERFORMANCE EXCEEDING MINIMUM SPECIFICATIONS List technical performance characteristics of the equipment you are offering that exceed those required in the attached specifications. If none, please state "none". Attachments may be used. 10 of 45 ^3 VENDOR'S STATEMENT OF ADD-ON'S List items or services you offer that have an additional cost that are not specified in the bid items or in the value added offerings. These can be auxiliary equipment or primary equipment that performs a valuable system function as per the Bidder's recommendation. Also include all labor charges for technical support during installation and equipment configuration. The additional cost must be provided on a per item basis. Attachments may be used. 11 of 45 DELIVERY SCHEDULE 1. The Vendor is required to deliver all requested traffic signal equipment within 45 calendar days of issue of Purchase Order from the City of Carlsbad. 2. The Vendor will be required to deliver all items F.O.B. to one or more warehouse location within the City Limits of Carlsbad. Each delivery will be to a single address however subsequent deliveries may be to an alternate location that meets the City of Carlsbad's needs. Does the successful bidder agree to meet the above mentioned delivery schedule and conditions? Yes No The bidder is not obligated to exceed the delivery schedule (i.e., provide equipment in less than 45 calendar days), but may include ability to exceed the delivery schedule as part of the Value- Added offerings. 12 of 45 Attachment 1: Sample Purchase Agreement 13 of 45 TRAN842 MASTER PURCHASE AGREEMENT FOR EMERGENCY VEHICLE PREEMPTION SYSTEM EQUIPMENT BETWEEN CITY OF CARLSBAD AND XXX. THIS AGREEMENT is made and entered into as of the day of , 2013, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City", and XXX, Incorporated, a California Corporation, hereinafter referred to as "Seller" or "Contractor." RECITALS A. The parties to this exclusive Agreement will purchase from Seller and Seller will sell to City, emergency vehicle preemption system equipment during the term of this Agreement. B. To expedite these contemplated purchases, the parties are willing to enter into this exclusive Agreement that sets forth the terms and conditions that will govern all such transactions between them. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein. City and Contractor agree as follows: 1. Definitions 1.1. Buyer. With respect to purchase orders issued by City, the term "Buyer" means City of Carlsbad. 1.2 Products. The term "Product" means those goods listed in Table 1 for which Buyer issues to Seller a purchase order during the term of this Agreement. Products and specific terms are described in Table 1 and Exhibit "A" - Request for Bid, which are attached hereto and incorporated herein by this reference in accordance with the terms and conditions set forth in this Agreement. In the event of an inconsistency between the Product description of Table 1 and Exhibit "A", the inconsistency will be resolved with Exhibit "A" taking precedence. 2. Issuance Of Purchase Orders. Buyer may issue purchase orders to Seller from time to time for the purchase of Products. Each purchase order shall contain a description of the Products ordered, the quantities and prices, the terms and place of delivery, and will reference City of Carlsbad Bid #13-04. Every purchase order issued by Buyer to Seller following the date of this Agreement and bearing such a notation shall be governed by and be deemed to include the provisions of this Agreement. In the event of an inconsistency between any term(s) and condition(s) of this Agreement, Exhibit "A" or the placed purchase order, the inconsistency will be resolved in the following descending order of precedence: (1) this Agreement, (2) Exhibit "A", and (3) the purchase order. The City will indicate its specific requirements on its purchase order documents including, but not limited to delivery address and instructions. There will be no minimum order and all items must be available for the term of this Agreement. All items will be delivered F.O.B. Destination, Freight Prepaid and Allowed, and at the prices set forth in Table 1. 3. Term. This Agreement will be effective for a period of one (1) year from the date first above written. This Agreement may be amended to extend its term for up to three (3) additional one (1) year periods, subject to Seller's continued satisfactory performance under this Agreement and the annual appropriation of funds by the City. In such event, the parties will 14 of 45 3.1 prepare a written amendment, indicating the effective date of the amendment and the length of the extended Agreement. 4. Termination. City may terminate this agreement at any time with thirty (30) days written notice to Seller. Seller may terminate this Agreement at any time with ninety (90) days written notice to the City. 5. Delivery. A. The delivery for purchase orders placed pursuant to this Agreement shall be as specified in the City's purchase order. B. Time is of the essence on orders and delay in delivery will cause injury to the Buyer. Should the Contractor be obstructed or delayed in the production or delivery of Product(s) required hereunder by any act or omission of the City or by strikes, an act of God, or by no fault of the Contractor in its ability to obtain materials ("Delaying Event"), then the time for delivery of the order shall be extended for such period as may be either agreed to between Contractor and City or equal to the period of time of the Delaying Event. C. Notwithstanding any other provision of this Agreement, if delivery cannot be made within forty five days after receipt of a purchase order. Buyer may, upon knowledge of the fact and regardless whether or not the delay would be excusable, terminate the purchase order by written notice to Seller. The termination shall be without cost to Buyer and shall discharge all obligations and liabilities of the Buyer/Seller under the purchase order except as to Products previously delivered and accepted by Buyer. 6. Passage of Title and Risk of Loss. Unless othenA/ise specified in a particular purchase order placed pursuant to this Agreement, title to and risk of any loss of or damage to the Products shall pass from Seller to Buyer when the Products are accepted in writing by the Buyer using a shipping acknowledgement form submitted by the Seller with each shipment. 7. Seller shall inspect and test all Products prior to shipment to Buyer. In addition, all Products shall be subject to final inspection and acceptance by Buyer at Buyer's facility. Final inspection and acceptance or rejection will be made by Buyer within thirty (30) days after receipt of Products, and failure of Buyer to reject any Product within thirty (30) days after receipt shall constitute acceptance. Should Buyer reject any Product for failure to conform to the requirements of a purchase order. Buyer shall notify Seller in writing of the rejection, giving detailed reasons for the rejection. Seller shall then have the option to repair or replace the nonconforming Product within ten (10) days at Buyer's designated delivery facility. If Seller fails to act to correct any nonconforming Product within this time period, then Buyer may return any nonconforming Product(s) to Seller. Rejected items to be returned to Seller shall be shipped at Seller's risk and expense. 8. Warranty. Seller warrants to Buyer that all Products delivered under this Agreement shall be free from defects in materials and workmanship, that all Products will conform to the requirements of the order including, but not limited to, the applicable descriptions, specifications, and drawings agreed to by the parties and, to the extent the items are not manufactured pursuant to detailed designs furnished by Buyer, that all Products will be free from defects in design and suitable for the intended purposes. In addition. Seller 15 of 45 warrants that all Products will, at the time of delivery, be free from any security interest or other lien or encumbrance. 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. 10. Insurance. Seller will obtain and maintain during the term of this Agreement, and any subsequent amendments to it, insurance for personal injury and property damage arising out of or in connection with Seller's performance under this Agreement. Required are: Policies of commercial general liability insurance, a combined policy of workers' compensation, employers liability insurance, from an insurance company authorized to transact the business of insurance in the State of California which has a current rating in the Best's Key Rating guide of at least A- :V in an amount of not less than one million dollars ($1,000,000) each, unless othenA^ise authorized and approved by the City Attorney or the City Manager. Seller will obtain occurrence coverage. The insurance will be in force during the life of this Agreement and will not be canceled without thirty (30) days prior written notice to the City by certified mail. Contractor will furnish certificates of insurance to the City's Purchasing Department, prior to City's execution of this Agreement. 11. Notices. All notices and other communications required or authorized under this Agreement shall be given in writing either by personal delivery or by first class mail addressed to the respective party. 12. Compliance With Laws. Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment and, if required, will obtain and maintain a City of Carlsbad Business License for the term of this Agreement and any amendments to the Agreement. 13- Claims and Lawsuits. By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, Government Code sections 12650, et seq.. and Carlsbad Municipal Code Sections 3.32.025, et seg. Contractor further acknowledges that debarment by another jurisdiction is grounds for the City of Carisbad to terminate this Agreement. 14. Venue and Jurisdiction. Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the Superior Court of California, County of San Diego, California. 16. Assignment. Contractor may not assign this Agreement or any part of it, nor may it assign any monies due or that may become due under it, without the prior written consent of City. 16. Amendments. This Agreement may be amended by mutual consent of City and Contractor. Any amendment will be in writing, signed by both parties, with a statement of estimated changes in charges or time schedule. 16 of 45 17. 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. Executed by Contractor this. day of , 20 CONTRACTOR ITERIS, INCORPORATED, a Delaware corporation By: (sign here) CITY OF CARLSBAD, a municipal corporation of the State of California By: City Manager or Mayor or Director (print name/title) By: (sign here) (print name/title) ATTEST: LORRAINE M. WOOD City Clerk Proper notarial acknowledgment of execution by Contractor maybe required by the City. Ha 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. CITY OF CARLSBAD, a municipal corporation of the State of California APPROVED AS TO FORM: RONALD R. BALL, City Attorney BY: Assistant City Attorney 17 of 45 30 Table 1 (Bid results entered here) ] i Part Number/ Vendor Part Total Unit ITEM # 1 ITEM DESCRIPTION Description Number Price 18 Of 45 •^1 Attachment 2: Technical Specifications 19 of 45 3:^ EVPE SYSTEM SPECIFICATIONS TABLE OF CONTENTS GLOSSARY 21 GENERAL 22 SECTION 2 EMITTER ASSEMBLY 23 2.1 Emitter Assembly 23 2.2 General 23 2.3 Functional 23 2.4 Electrical 23 2.5 Mechanical 24 SECTION 3 OPTICAL DETECTION/DISCRIMINATOR ASSEMBLY 25 3.1 General 25 3.2 Optical Detector 25 3.3 Cable 25 3.4 Discriminator Module 26 3.5 Cabinet Wiring 28 SECTION 4 SYSTEM OPERATION 30 4.1 System Operation 30 SECTION 5 CENTRAL MANAGEMENT SYSTEM 31 5.1 System Operation 31 SECTION 6 SYSTEM SECURITY 33 5.1 Security Requirements 33 20 Of 45 33 CHAPTER 1-SECTION A GLOSSARY AC Alternating Current C Celsius DC Direct Current Hz Hertz mA milli Ampere NEMA National Electrical Manufacturers Association nm nano Meter pf pico Farad VDC Volts DC VA Voltage Ampere VAC Voltage Alternating Current W Watt 21 Of 45 3^ SECTION 1 GENERAL Each emergency vehicle detector system must consist of an optical emitter assembly or assemblies located on the appropriate vehicle and an optical detector/discriminator assembly or assemblies located at the traffic signal. System tests must be conducted in the presence of the Engineer as described below under "System Operation" during the signal test period. The Engineer must be provided a minimum of 2 working days notice prior to performing the tests. Each system must allow detection of 2 classes of authorized vehicles. Class I (mass transit) vehicles must be detected at ranges of up to 1,000 feet from the optical detector. Class il (emergency) vehicles must be detected at ranges up to 1,800 feet from the optical detector. Class I signals (those emitted by Class I vehicles) must be distinguished from Class II signals (those emitted by Class II vehicles) on the basis of the modulation frequency of the light from the respective emitter. The modulation frequency for Class I signal emitters must be 9.639 Hz ± 0.110 Hz. The modulation frequency for Class il signal emitters must be 14.035 Hz ± 0.250 Hz. A system must establish a priority of Class II vehicle signals over Class I vehicle signals and must comply with the requirements in section 25352 of the California Vehicle Code. The system must communicate using native Ethernet. The system must be compatible with QuicNet. 22 of 45 35 SECTION 2 EMITTER ASSEMBLY 2.1 Emitter Assembly Each emitter assembly, provided for testing purposes, must consist of an emitter unit, an emitter control unit, and connecting cables. 2.2 General Each emitter assembly, including lamp, must operate over an ambient temperature range of -34 to +60 degrees C at both modulation frequencies and operate continuously at the higher frequency for a minimum of 3,000 hours at 25 degrees C ambient before failure of the lamp or other components. Each emitter unit must be controlled by a single, maintained-contact switch on the respective emitter control unit. The switch must be located to be readily accessible to the vehicle driver. The control unit must contain a pilot light to indicate that the emitter power circuit is energized and must generate only 1 modulating code, either that for Class I vehicles or that for Class II vehicles. 2.3 Functional Each emitter unit must transmit optical energy in 1 direction only. The signal from each Class I signal emitter unit must be detectable at a distance of 1,000 feet when used with a standard optical detection/discriminator assembly and filter to eliminate visible light. Visible light must be considered eliminated when the output of the emitter unit with the filter is less than an average of 0.0003 candela per energy pulse in the wavelength range of 380 nm to 750 nm when measured at a distance of 10 feet. Submit a certificate of compliance for each Class I emitter unit. The signal from each Class ii signal emitter unit must be detectable at a distance of 1,800 feet when used with a standard optical detection/discriminator assembly. The standard optical detection/discriminator assembly to be used in making the range tests must be available from the manufacturer of the system. A certified performance report must be furnished with each assembly. 2.4 Electrical Each emitter assembly must provide full light output with input voltages of between 12.5 V (dc) and 17.5 V (dc). An emitter assembly must not be damaged by input voltages up to 7.5 V (dc) above supply voltage. The emitter assembly must not generate voltage transients, on the input supply, that exceed the supply voltage by more than 4 volts. Each emitter assembly must consume not more than 100 W at 17.5 V (dc) and must have a power input circuit breaker rated at 10 A to 12 A, 12 V (dc). The design and circuitry of each emitter must allow its use on vehicles with either negative or positive ground without disassembling or rewiring of the unit. 23 of 45 2.5 Mechanical Each emitter unit must be housed in a weatherproof corrosion-resistant housing. The housing must be provided with facilities to allow mounting on various types of vehicles and must have provision for aligning the emitter unit properly and for locking the emitter unit into this alignment. Each emitter control unit must be provided with hardware to allow the unit to be mounted in or on an emergency vehicle or mass transit vehicle. Where required for certain emergency vehicles, the emitter control unit and exposed controls must be weatherproof. 24 of 45 37 SECTIONS OPTICAL DETECTION/DISCRIMINATOR ASSEMBLY 3.1 General Each optical detection/discriminator assembly must consist of 1 or more optical detectors, connecting cable and a discriminator module. Each assembly, when used with standard emitters, must have a range of at least 1,000 feet for Class I signals and 1,800 feet for Class II signals. Standard emitters for both classes of signals must be available from the manufacturer of the system. Range measurements must be taken with all range adjustments on the discriminator module set to "maximum". 3.2 Optical Detector Each optical detector must be a waterproof unit capable of receiving optical energy from 2 separately aimable directions. The horizontal angle between the 2 directions must be variable from 180 degrees to 5 degrees. The reception angle for each photocell assembly must be a maximum of 8 degrees in all directions about the aiming axis of the assembly. Measurements of reception angle will be taken at a range of 1,000 feet for a Type I emitter and at a range of 1,800 feet for a Type II emitter. Internal circuitry must be solid state and electrical power must be provided by the associated discriminator module. Each optical detector must be contained in a housing, which must include 2 rotatable photocell assemblies, an electronic assembly and a base. The base must have an opening to allow mounting on a mast arm or a vertical pipe nipple, or suspension from a span wire. The mounting opening must be able to work with female threads for 3/4 inch conduit. A cable entrance must be provided which must have male threads and gasketing to allow a waterproof cable connection. Each detector must have weight of less than 2.5 pounds and must present a maximum wind load area of 36 square inches. The housing must be provided with weep holes to allow drainage of condensed moisture. Each optical detector must be installed, wired and aimed as specified by the manufacturer. 3.3 Cable Optical detector cable (EV-C) must comply with the requirements of IPCEA-S-61- 402/NEMA WC 5, section 7.4, 600-V (ac) control cable, 75 degrees C, Type B, and the following: 25 of 45 1. The cable must contain 3 conductors, each of which must be No. 20 (7 x 28) stranded, tinned copper with low-density polyethylene insulation. Minimum average insulation thickness must be 25 mils. Insulation of individual conductors must be color coded: 1-yellow, 1-blue, 1-orange. 2. The shield must be either tinned copper braid or aluminized polyester film with a nominal 20 percent overiap. Where film is used, a No. 20 (7 x 28) stranded, tinned, bare drain wire must be placed between the insulated conductors and the shield and in contact with the conductive surface of the shield. 3. The jacket must be black polyvinyl chloride with minimum ratings of 600 V (ac) and 80 degrees C and a minimum average thickness of 43 mils. The jacket must be marked as required by IPCEA/NEMA. 4. The finished outside diameter of the cable must not exceed 0.35-inch. 5. The capacitance, as measured between any conductor and the other conductors and the shield, must not exceed 48 pf per foot at 1000 Hz. 6. The cable run between each detector and the controller cabinet must be continuous without splices or must be spliced only as directed by the detector manufacturer. 3.4 Discriminator Module Each discriminator module must be designed to be compatible and usable with Model 170E and Model 2070 controller units and to be mounted in the input file of a Model 332 and 332L controller cabinet, and must comply with the requirements of chapter I of the State of California, Department of Transportation, and "Traffic Signal Control Equipment Specifications." Each discriminator module must be capable of operating 2 channels, each of which must provide an independent output for each separate input. Discriminators must communicate using native Ethernet. Each discriminator module, when used with its associated detectors, must perform the following: 1. Receive Class I signals at a range of up to 1,000 feet and Class II signals at a range of up to 1,800 feet. 2. Decode the signals, on the basis of frequency, at 9.639 Hz ± 0.119 Hz for Class I signals and 14.035 Hz ± 0.255 Hz for Class II signals. 3. Establish the validity of received signals on the basis of frequency and length of time received. A signal must be considered valid only when received for more than 0.50-second. No combination of Class I signals must be recognized as a Class II signal regardless of the number of signals being received, up to a maximum of 10 signals. Once a valid signal has been recognized, the effect must be held by the module in the event of temporary loss of the signal for a period adjustable from 4.5 seconds to 11 seconds in at least 2 steps at 5 seconds ± 0.5 second and 10 seconds ± 0.5 second. 4. Provide an output for each channel that will result in a "low" or grounded condition of the appropriate input of a Model 170E or 2070 controller unit. For 26 of 45 Class I signals the output must be a 6.25 Hz ± 0.1 percent, rectangular waveform with a 50 percent duty cycle. For Class II signals the output must be steady. Each discriminator module must receive electric power from the controller cabinet at either 24V(dc) or 120V(ac). Each channel together with the channel's associated detectors must draw not more than 100 mA at 24 V (dc) or more than 100 mA at 120 V (ac). Electric power, 1 detector input for each channel and 1 output for each channel must terminate at the printed circuit board edge connector pins shown in the following table: Board Edge Connector Pin Assignment A DC ground B +24V(dc) P (NC) C (NC) D Detector input, Channel A R (NC) E +24V (dc) to detectors S (NC) F Channel A output (C) T (NC) U (NC) H Channel A output (E) V (NC) J Detector input, Channel B w Channel B output (C) K DC ground to detectors X Channel B output (E) L Chassis ground Y (NC) M AC-Z (NC) N AC+ (C) Collector, slotted for keying (E) Emitter, slotted for keying (NC) Not connected, cannot be used by manufacturer for any purpose. Two auxiliary inputs for each channel must enter each module through the front panel connector. Pin assignment for the connector must be as follows: 1. Auxiliary detector 1 input, Channel A 2. Auxiliary detector 2 input, Channel A 3. Auxiliary detector 1 input, Channel B 4. Auxiliary detector 2 input, Channel B Each channel output must be an optically isolated NPN open collector transistor capable of sinking 50 mA at 30 V (ac) and must be compatible with the Model 170E or 2070 controller unit inputs. Each discriminator module must be provided with means of preventing transients received by the detector from affecting the Model 170E or 2070 controller assembly. 27 of 45 Each discriminator module must have a single connector board and must occupy 1 slot width of the input file. The front panel of each module must have a handle to facilitate withdrawal and the following controls and indicators for each channel: 1. Three separate range adjustments each for both Class I and Class II signals. 2. A 3-position, center-off, momentary contact switch, 1 position (down) labeled for test operation of Class I signals, and 1 position (up) labeled for test operation of Class II signals. 3. A "signal" indication and a "call" indication each for Class I and for Class II signals. The "signal" indication denotes that a signal above the threshold level has been received. A "call" indication denotes that a steady, validly coded signal has been received. These 2 indications may be accomplished with a single indication lamp; "signal" being denoted by a flashing indication and "call" with a steady indication. In addition, the front panel must be provided with a single circular, bayonet-captured, multi-pin connector for 2 auxiliary detector inputs for each channel. Connector must be a mechanical configuration complying with the requirements in Military Specification MIL-C-26482 with 10-4 insert arrangement, such as Burndy Trim Trio Bantamate Series, consisting of the following: 1. Wall mounting receptacle, G0B10-4PNE with SM20M-1S6 gold plated pins. 2. Plug, G6L10-4SNE with SC20M-1S6 gold plated sockets, cable clamp and strain relief that must provide for a right angle turn within 2-1/2 inches maximum from the front panel surface of the discriminator module. 3.5 Cabinet Wiring The Model 332L cabinet has provisions for connections between the optical detectors, the discriminator module and the Model 170E or 2070 controller unit. Wiring for a Model 332L cabinet must comply with the following: Slots 12 and 13 of input file "J" have each been wired to accept a 2-channel 1. module. 2. Field wiring for the primary detectors, except 24-V (dc) power, must terminate on either terminal board TB-9 in the controller cabinet or on the rear of input file "J," depending on cabinet configuration. Where TB-9 is used, position assignments must be as shown in the following table: Position Assignment 4 Channel A detector input, 1st module (Slot J-12) 5 Channel B detector input, 1st module (Slot J-12) 7 Channel A detector input, 2nd module (Slot J-13) 8 Channel B detector input, 2nd module (Slot J-13) 28 of 45 The 24-V (dc) cabinet power will be available at Position 1 of terminal board TB-1 in the controller cabinet Field wiring for the auxiliary detectors must terminate on terminal board TB-O in the controller cabinet. Position assignments are as shown in the following table: For module 1 (J-12) For module 2 (J-13) Positio n Assignment Positio n Assignment 1 +24V (dc) from (J-12E) 7 +24V (dc) from (J-13E) 2 Detector ground From (J-12K) 8 Detector ground from (J-13K) 3 Channel A auxiliary detector input 1 9 Channel A auxiliary detector input 1 4 Channel A auxiliary detector input 2 10 Channel A auxiliary detector input 2 5 Channel B auxiliary detector input 1 11 Channel B auxiliary detector input 1 6 Channel B auxiliary detector input 2 12 Channel B auxiliary detector input 2 29 of 45 SECTION 4 SYSTEM OPERATION 4.1 System Operation The Contractor must demonstrate that the components of each system are compatible and will perform satisfactorily as a system. Satisfactory performance must be determined using the following test procedure during the functional test period: 1. Each system to be used for testing must consist of an optical emitter assembly, an optical detector, an optical detector cable and a discriminator module. 2. The discriminator modules must be installed in the proper input file slot of the Model 170E or 2070 controller assembly. 3. Two tests must be conducted; 1 using a Class I signal emitter and a distance of 1,000 feet between the emitter and the detector, the other using a Class II signal emitter and a distance of 1,800 feet between the emitter and the detector. Range adjustments on the module must be set to "Maximum" for each test. 4. Each test must be conducted for a period of 1 hour, during which the emitter must be operated for 30 cycles, each consisting of a 1 minute "on" interval and a 1 minute "off" interval. During the total test period the emitter signal must cause the proper response from the Model 170E or 2070 controller unit during each "on" interval and there must be no improper operation of either the Model 170E/2070 controller unit or the monitor during each "off" interval. 30 Of 45 ^3 SECTION 5 CENTRAL MANAGEMENT SYSTEM 5.1 System Requirements 1. The central management system shall be provided with installation support services to interface with discriminators via Carlsbad communication system and shall be provided on CD-ROM. 2. The server software shall run on Windows Server 2003 or Windows Server 2008. The client software shall run on Window Server 2003, Windows Server 2008, Windows XP, or Windows 7. 3. The vendor shall provide minimum hardware configuration information for computer(s) running the central management system. 4. The central management system shall allow the user to configure and monitor individual discriminators remotely. 5. The central management system shall track all configuration changes made through the central system, including the user who made the change, the date and time of the change, and the specific configuration information changed. 6. The central management software shall provide for management of the priority system by intersection, agency and vehicle. 7. The central management system shall provide inventory information of all configured discriminators, including component serial numbers and firmware versions. 8. The central management system shall provide asset inventory information of all configured emitters. 9. The central management system shall allow the user to block access to the priority control system by specific vehicle, vehicle code, or agency. 10. The central management system shall allow the user to update firmware. 11. The central management system shall support regular collection and log of priority call status, equipment health status, and communications status across any/all configured intersections. The system logs shall show the duration of events. 12. The central management system shall display the current or active operational status of each discriminator and events, including whether the discriminator has an equipment health or communications issue and is currently in a priority call. 13. The central management system shall keep a log of priority calls, filterable by agency, vehicle, intersection, and/or priority call attribute. 14. The central management system shall provide a configurable alerting interface that may send email/text messages when designated priority calls or system events occur. 15. The central management system shall store all collected log and configuration information in the central database, and augment all log data to include agency, vehicle, and intersection information as configured by the user. 16. The central management system shall support sorting and filtering of all log fields. 31 of 45 17. The central management system shall retain intersection specific discriminator configuration for the intersection in the central management system database and shall be downloadable to the discriminator from central. 18. The central management system shall support user roles such that each user is allowed to perform only those operations essential to their position. 32 of 45 SECTION 6 SYSTEM SECURITY 6.1 Security Requirements The system shall provide security functions that address the use of illegal emitters. 1. The central management system must identify and log the specific emitter used during a priority event. 2. The central management system shall provide ad-hoc reports for system usage, usage by agency, vehicle and intersection, unauthorized vehicles, unregistered vehicles, and excessive preemption duration. 3. The central management system shall allow the user to directly manage the security of the priority control system. Supported security levels include 1) all vehicles allowed, 2) all vehicles allowed except uncoded vehicles, 3) all vehicles allowed except uncoded and default-coded vehicles. 33 of 45 CITY OF CARLSBAD GENERAL PROVISIONS PLEASE READ CAREFULLY THESE PROVISIONS ARE A PART OF YOUR BID AND ANY CONTRACT Pursuant to the Notice to Bidders advertised in the official City newspaper, the specifications, bidding instructions and requirements on file with the City, the conditions of these General Provisions, and subject to all provisions of the Ordinances of the City of Carisbad, the Bidder proposes to furnish to the City of Carisbad, complete at the prices stated in the bid document, the items or services described in the bid document. The person signing the bid warrants that the bid is genuine and not sham or collusive, or made in the interest of, or on behalf of, any person, firm or corporation not named in the bid document; that the Bidder has not directly or indirectly induced or solicited any other Bidder to submit a sham bid, or any other person, firm or corporation to refrain from bidding, and that the Bidder has not, in any manner, sought by collusion to secure any advantage over other bidders. In submitting this proposal, the Bidder agrees that: A. Bidder has carefully examined the specifications and ail provisions relating to the items to be furnished, or the work to be done, attached and incorporated into the proposal and understands the meaning, intent and requirements of them, and agrees to the same. B. Bidder will, for the prices quoted, enter into a written contract and furnish the item(s) or complete the work in the time specified, and in strict conformity with the City of Carisbad specifications for the item(s) or work. 1. FORMS The Purchasing Officer will furnish forms and specifications for all proposals and no bids will receive consideration unless made upon forms so furnished. BIDS MUST BE SUBMITTED IN A SEALED ENVELOPE WITH BID NUMBER ON THE OUTSIDE. COMPLETE WITH THE SPECIFICATIONS AS FURNISHED AND DELIVERED TO CITY OF CARLSBAD PURCHASING DEPARTMENT OR DEPOSITED IN THE BID BOX AT 1635 FARADAY AVENUE. CARLSBAD CA 92008-7314. PRIOR TO THE TIME SET FOR OPENING. 2. PRICES All prices and notations must be in ink or typewritten. Mistakes may be crossed out and corrections typed or written with ink next to them. Such modifications must be initialed in ink by the person signing the bid. Bids shall indicate the unit price extended to Indicate the total price for each item bid. Any difference between the unit price correctly extended and the total price shown for all items bid shall be resolved in favor of the unit price, except when the Bidder clearly indicates that the total price for all items bid is based on consideration of being awarded the entire lot, and that an adjustment of the total price is being made in consideration of receiving the entire bid. 34 of 45 3. GUARANTEE OF GOOD FAITH (As required on Proposal Form) Cash, uncertified personal and company checks and certificates of deposit are not acceptable as a guarantee of good faith. Each proposal must be accompanied by an unconditional certified check, or a bank or postal money order, or bid bond executed as surety by a corporation authorized to issue surety bonds in the State of California. Such check, money order or bond shall be made payable to the City of Carisbad and shall be in the amount specified on the Proposal Form. If the Bidder fails to execute the contract within ten (10) days from the date of the City's mailing of notice that the contract is ready for signature, the City will either award the contract to the next lowest Bidder or will reject all other bids and call for new bids. The Bidder who has failed to so execute the contract shall be liable to the City for the sum-not exceeding the amount of the check, money order or bond, by which the amount of the contract covering the proposal, executed by and between the City and a third party, may exceed the amount bid by the original successful Bidder. Such portion of check, money order or bond as equals the sum shall be declared forfeited to the City of Carisbad and shall be collected and paid to the City. The Bidder may also be subject to debarment or suspension. IMPORTANT: Failure to furnish a proper guarantee of good faith with the bid when such is required will automatically void the bid. 4. ITEMS OFFERED If the item offered has a trade name, brand and/or catalog number, such shall be stated in the bid. If the Bidder proposes to furnish an item of a different manufacturer or vendor other than that mentioned in the bid specifications. Bidder must specify maker, brand, quality, catalog number, or other trade designation. Unless such is noted on the bid forni, it will be deemed that the item offered is that designated in the bid specifications even though the bid may state "or equal". 5. SAMPLES Samples, when required, shall be furnished prior to bid closing date and time, or within time specified in the bid. The City reserves the right to reject bids submitted without the required samples, or to require samples for alternate bids or items offered as "equals". Samples of items, when required, must be furnished free of expense to the City. If they are not destroyed by tests, samples will, upon request, be returned at the bidder's expense. 6. ALTERNATIVE PROPOSALS To be responsive to the bid. Bidder must submit a proposal that meets all specific bid requirements. Bidder may propose "equals" as provided for in accordance with Item 8 of these General Provisions. Once Bidder has proposed a product which is responsive to the specification, Bidder may thereafter include with the bid any additional proposals or alternative products that are not "equals" but that Bidder believes can or may meet or exceed City's requirements, and which offer City additional advantages or benefits based on the state of the art that were not, or could not, be contemplated by City when the requirements were prepared. The City reserves the right to evaluate and accept or reject such alternatives, as 35 of 45 though they were part of the original specifications, without advertising for further bids, or to re-advertise based on such proposed state of the art alternatives when in the best interests of the City. Any awards so made will be based on cost analysis considerations that result in the optimum economic advantage to the City. 7. EXPIRATION OF BID All bids shall be considered as finn for a period of ninety (90) calendar days, commencing the day following the date of bid closing and expiring at midnight of the last day, unless othenft^ise stated in the body of the solicitation. The Bidder may specify a date that the bid expires, provided the date is specific and is entered on the Proposal or Request for Bid form. 8. BRAND NAME Whenever reference to a specific brand name is made in this Request for Bid, it is illustrative and to be construed as a specification which describes a component that has been tested or evaluated by the City as best meeting the specific operational, design, performance, maintenance, quality or reliability standards and requirements of the City, thereby incorporating these requirements by reference within the specification. An equivalent or "equal" may be offered by the Bidder, subject to testing and evaluation at the option of the City or prior to and after the award of bid. The City reserves the sole right to reject a substituted component that will not fulfill requirements. It shall be the sole responsibility of the Bidder to provide at Bidder's expense any product information, test data, and other information or documents the City may require to fully evaluate or demonstrate the acceptability of the offered substitute. Where appropriate, independent testing or evaluation at qualified test facilities, at Bidder's expense, including destructive testing, may be required as a condition of acceptance. 9. VERIFY BID PRICES Bidders must verify their price quotations prior to bid submission, as withdrawal or correction may not be permitted after the bid has been opened. 10. DELIVERY A. Bidder shall state delivery tenns on the Proposal Form unless already specified, in which case delivery shall be made within the time set forth. Where time is stated in a number of days, it shall include Saturdays, Sundays and holidays. Delivery is part of the consideration and must be adhered to as specified. B. Bidder will not be held liable for failure to make delivery because of strikes, conscription of property, governmental regulations, acts of God, or any other cause beyond the bidder's reasonable control; provided a written extension of time is obtained from the City Manager. C. All prices shall be F.O.B. destination. Bids other than F.O.B. destination shall be considered non-responsive and will be rejected. Prices shall include all freight, delivery and set-up charges. 36 Of 45 11. FIRM PRICES AND PRICE ADJUSTMENT Prices on bid shall be firm prices not subject to escalation. In the event the specifications provide for escalation, the maximum limit shall be shown, or the bid shall not be considered. In the event of a decline in market price(s) below the price(s) bid, the City of Carisbad shall receive the benefit of such decline. Manufacturer's general price increases to the trade or industry may be passed on to the City. Prices bid must be firm for the first ninety (90) days on an annual agreement; with a thirty (30) day notification of any price increases thereafter. If any price increase occurs, there will be a one (1) week, or one time, order protection provided at the last effective price. All price increases or notices must be in writing from not only the vendor but also the manufacturer. The City reserves the right NOT to accept the request. 12. TAXES Each bidder shall include all applicable sales taxes as a separate item in their bid. The amount of local city sales tax included in any bid submitted by a local (Carisbad) vendor shall be credited by the City against said bid. The City is exempt from Federal Excise Tax. 13. MODIFICATION OR WITHDRAWAL OF BIDS Bids may be modified or withdrawn by written notice received prior to the exact hour and date specified for receipt of bid. A bid may also be withdrawn in person by a Bidder, or the Bidder's authorized representative, prior to the exact hour and date set for receipt of bids. 14. LATE BIDS AND MODIFICATIONS OR WITHDRAWALS Bids, modifications of bids, or withdrawals received at the office designated in the solicitation, after the exact hour and date specified for receipt, will not be considered. They will be rejected as a late bid and will be returned to bidder unopened. 15. NO BIDS If no bid is to be submitted, the bid should be marked "NO BID" and reason stated on the Proposal Form, which should be returned in order to maintain the Bidder's name in City's vendor file for further solicitations. A letter or postcard may be submitted instead a blank proposal form. If a Bidder fails to respond to two Requests to Bid without returning a "NO BID" response, the Purchasing Officer reserves the right to delete the Bidder from the vendor file for future solicitation. 16. CONFIDENTIAL INFORMATION Any information deemed confidential or proprietary should be cleariy identified by the Bidder as such. It will be protected and treated with confidentiality only to the extent permitted by Califomia state law considering public information. Otherwise the information shall be considered a public record. Any data to be returned should be so marked and will be returned if not essential to the bid or contract record. 37 of 45 17. SIGNATURE All bids must be signed, with the firm named as indicated. A bid by a corporation must be signed by a duly authorized officer, employee or agent, with his or her title. Obligafions assumed by such signature must be fulfilled. 18. QUALITY Unless othenft/ise required in the specifications, all goods furnished shall be NEW and UNUSED and the BEST OF THEIR KIND. 19. LITIGATION WARRANTY The Bidder, by bidding, warrants that Bidder is not currently involved in lifigation, arbitration, or an administrafive proceeding concerning the materials, or Bidder's performance, concerning the same or similar material to be supplied pursuant to this contract or specification, and that no judgments, awards or administrative determinations have been made against Bidder, on the basis of Bidder's performance in supplying or installing the same or similar material, unless such fact is disclosed to the City in the bid. Disclosure will not disqualify the Bidder. The City reserves the right to evaluate bids, on the basis of the facts surrounding such lifigafion, arbitrafion, or administrative proceeding and to require Bidder to furnish the City with a surety bond executed by a surety company authorized to do business in the State of California and approved by the City of Carisbad, in a sum equal to one hundred percent (100%) of the contract price, conditional on the faithful performance by Bidder of the contract, in the event the bid is awarded to Bidder, notwithstanding the lifigation, arbitration, or administrative proceeding. 20. ROYALTIES, LICENSES AND PATENTS Unless otherwise specified, the Bidder shall pay all royalfies, license and patent fees. The Bidder warrants that the materials to be supplied do not infringe any patent, trademark or copyright, and further agrees to defend any and all suits, actions and claims for infringement that are brought against the City, and to defend, indemnify and hold harmless the City from all loss or damages whether general, exemplary or punifive, as a result of any actual or claimed infringement asserted against the City, the Bidder, or those furnishing material to Bidder pursuant to this contract. 21. PERFORMANCE STANDARDS Performance of work, and acceptability of equipment or materials supplied, pursuant to any contract or award, shall be to the safisfaction of the City. 22. WARRANTIES A. All material, labor or equipment provided under the contract shall be warranted by Bidder, and/or manufacturer, for at least twelve (12) months after final acceptance by City, except automofive equipment which will be warranted for a minimum 12,000 miles or 12 months, whichever occurs first. Greater warranty protection will be 38 Of 45 51 accepted. Lesser warranty protection must be indicated by Bidder on the bid proposal as an exception. B. Bidder shall be considered primarily responsible to the City for all warranty service, parts and labor applicable to the goods or equipment provided by Bidder under this bid or award, irrespective of whether Bidder is an agent, broker, fabricator or manufacturer's dealer. Bidder shall be responsible for ensuring that warranty work is performed at a local agency or facility convenient to City and that services, parts and labor are available and provided to meet City's schedules and deadlines. City may require Bidder to post a performance bond after contract award to guarantee performance of these obligafions. Bidder may establish a service contract with a local agency satisfactory to City, to meet this obligation if Bidder does not ordinarily provide warranty service. 23. ADDENDA The effect of all addenda to the bid documents shall be considered in the bid, and said addenda shall be made part of the bid documents and shall be returned with them. Before submitting a bid, each Bidder shall ascertain whether or not any addenda have been issued, and failure to cover in this bid any such addenda issued, may render the bid invalid and result in its rejection. 24. SPECIFICATIONS TO PREVAIL The detailed requirements of the specifications shall supersede any specific requirement of these General Provisions which are in conflict therewith. The City reserves the right of being sole judge of bid meeting specifications. Requests for interpretation of bid specifications shall be made in writing to the Purchasing Officer at least five days prior to the date of the bid opening. 25. FAITHFUL PERFORMANCE BOND The successful Bidder may be required to furnish the City with security for the faithful performance of the contract, in a sum up to One Hundred Percent (100%) of the amount of the contract price. This security may take the form of a bond executed by a surety company authorized to do business in the State of California and approved by the City or Carisbad, or a money order or certified check drawn on a solvent bank. Such bond or deposit shall be forfeited to the City in the event the Bidder fails or refused to fulfill the requirements and all terms and conditions of the contract. 26. AWARD OF CONTRACT A. Bids will be analyzed and the award will be based on the best value to the City. The decision will be based on objective and other predetermined criteria as set forth in the Invitation to Bid. Factors to be considered include, but are not limited to: cost, conformance to the solicitation, supplier's qualifications, past performance, customer service and warranties. 39 of 45 B. The City reserves the right to perform a pre-award survey of the bidder to determine capability to perform, including but not limited to, facilities, financial responsibility, materials/supplies, and past performance. The determination of the City as to the bidder's prospective ability to perform the contract shall be conclusive. C. The City reserves the right to reject any item or items therein; to waive informalities, technical defects and minor irregularities in bids received; and to select the bid(s) deemed most advantageous to the City. The City will however consider bids submitted on an "all or nothing" basis if the bid is clearly designated as such. D. The City reserves the right to award one or more contracts on the bids submitted, whether by award of all items to one Bidder, or by award of separate items or groups of items to various Bidders, as the interests of the City may require, unless the Bidder clearly specifies otherwise in his bid. E. Upon acceptance by the City of Carisbad, the solicitation, bid, proposal, or price quotation, and a purchase order issued to the successful Bidder within the fime specified, shall be deemed to result in a binding contract without further action required by either party. Items are to be furnished as described in the bid and in strict conformity with ail instructions, conditions, specifications and drawings contained in the complete contract. 27. DOCUMENTATION Due to the time constraints that affect contract performance, all required documents, certificates of insurance and bonds or deposits shall be provided to the City (Attention: Purchasing Department) within ten (10) days following award, or date of request, by City, whichever is later. Any failure to comply may result in bid being declared non-responsive and rejected, and/or at City's option the bid bond will be attached for damages suffered. 28. PURCHASE ORDERS All goods and services will be ordered by means of a Purchase Order. (THE CITY WILL NOT BE RESPONSIBLE FOR ARTICLES OR SERVICES FURNISHED WITHOUT A PURCHASE ORDER.) 29. SELLER'S INVOICE Invoices shall be prepared and submitted in duplicate to: Accounts Payable, City of Carisbad, 1635 Faraday Avenue, Carisbad, CA 92008-7314. Separate invoices are required for each Purchase Order. Invoices shall contain the following information: Purchase Order number, item number, description of supplies or services, sizes, units of measure, quantities, unit prices and extended totals. 30. INSPECTION AND ACCEPTANCE Inspection and final acceptance will be at destination unless specified othen/vise, and will be made by the City department shown in the "Ship To:" address or other duly authorized 40 of 45 representative of the City. Until delivery and final acceptance, and after any rejection, risk of loss will be on the Bidder, unless loss results from the sole negligence of the City. 31. LOST AND DAMAGED SHIPMENTS Risk of loss or damage to items prior to the time of their receipt and final acceptance by the City is upon the Bidder. The City has no obligation to accept damaged shipments and reserves the right to return, at the Bidder's expense, damaged merchandise even if the damage was not apparent or discovered until after receipt of the items. 32. LATE SHIPMENTS Bidder is responsible to notify the City department receiving the items and the Purchasing Officer, of any late or delayed shipments. The City reserves the right to cancel all or any part of an order if the shipment is not made as promised. 33. COMPLIANCE WITH INDUSTRIAL SAFETY CODES All equipment, instruction manuals, spare parts and other items furnished shall, where applicable, conform with the Safety Orders of the California Division of Industrial Safety. Material Safety Data Sheets (MSDS) shall be supplied, for each applicable item, with the inifial order. All containers shall be labeled per OSHA specifications. 34. WAIVER The failure of the City to enforce a particular condition or provision of any contract awarded hereunder shall not constitute a waiver of that provision or condition or its enforceability by the City. 35. CONSEQUENCES OF VIOLATIONS OF LAW REGARDING ANTI-COMPETITIVE BUSINESS PRACTICES OR UNFAIR TRADE PRACTICES Any acts or omissions of Bidder in violation of federal, state or municipal law, or City policies and regulations regarding anti-competitive practices, unfair trade practices, collusion, contingent fees, gratuities, kickbacks, contemporaneous employment or similar violations creating an unfair infiuence on the public bidding and award process, pertaining to this contract or proposal, may void this contract. In addition to all other remedies or damages allowed by law. Bidder shall be liable to City for all damages City thereby suffers or incurs, including costs for substitute performance, and may also be subject to debarment. 36. CONFLICT OF INTEREST No employee, or member of the employee's immediate family, or elected or appointed member of City government, may participate directly or indirectly in the procurement process pertaining to this bid, if they: A. Have a financial interest, or other personal interest, which is incompatible with the proper discharge of their official duties in the public interest, or would tend to impair their independence, judgment or action in the performance of their official duties. 41 of 45 B. Are negotiating for, or have an arrangement concerning, prospective employment with Bidder. The Bidder warrants to the best of his knowledge that the submission of the bid will not create such conflict of interest. In the event such a conflict occurs, the Bidder is to report it immediately to the Purchasing Officer. For breach or violation of this warranty, the City shall have the right to annul this contract, at its discretion, without liability. Bidder may also be subject to damages and/or debarment or suspension. 37. CITY PROVISIONS TO PREVAIL Except as specified in the specifications, the City's standard General Provisions shall govern any contract award. Any standard terms and conditions of Bidder, submitted by Bidder, shall not be acceptable to City unless expressly assented to by City by separate documents. The City reserves the right to reject Bidder's bid as non-responsive, to consider the bid without Bidder's standard terms and condifions, or to require Bidder to delete reference to such, as a condition of evaluation or award of the bid. If, after award of contract, Bidder (contract vendor) shall provide materials, or services, accompanied by new or additional standard terms or conditions, they too shall be considered void, and City may require deletion thereof as a further condition of performance by vendor. To the extent not otherwise provided for by the contract documents, the California Commercial Code shall apply. 38. AMENDMENTS AND MODIFICATIONS The Purchasing Officer may at any time, by a written order, and without notice to the sureties, make a modification to the contract or an amendment to the Purchase Order, within the general scope of this contract, in (1) drawings, designs, or specifications, where the supplies to be furnished are to be specially manufactured for the City in accordance therewith; (2) method of shipment or packing; and (3) place of delivery. If any such change causes an increase or decrease in the cost of, or the time required for, performance of this contract, whether changed or not changed by any such order, an equitable adjustment shall be made by written modification of the contract or amendment to the Purchase Order. Any claim by the Bidder for adjustment under this clause must be asserted within 30 days from the date of receipt by the Bidder of the notification; provided that, if Purchasing Officer decides that the facts justify such action, the Purchasing Officer may receive and act upon any such claim, if asserted prior to final payment under this contract. Failure to agree to any adjustment shall be a dispute, concerning a question of fact, within the meaning of the clause of these provisions entitied "Disputes". However, nothing in this clause shall excuse the Bidder from proceeding with the contract as changed. 39. DISPUTES Except as otherwise provided in this contract, any dispute concerning a question of fact arising under this contract, which is not disposed of by agreement, shall be decided by the Purchasing Officer, who shall reduce this decision to writing or mail or othenwise furnish a copy thereof to the Bidder. The decision of the Purchasing Officer shall be final and conclusive unless, within 30 days from the date of receipt of such copy, the Bidder mails or othenfl/ise furnishes to the Purchasing Officer a written appeal addressed to the City 42 of 45 Manager. The decision of the City Manager, or his duly authorized representative for the determination of such appeals, shall be final and conclusive. In connection with any appeal proceeding under this clause, the Bidder shall be afforded an opportunity to be heard and to offer evidence in support of the Bidder's appeal. Pending final decision of a dispute hereunder, the Bidder shall proceed diligently with the performance of the contract, and in accordance with the Purchasing Officer's decision. 40. TERMINATION FOR DEFAULT A. The City of Carisbad, California, hereafter referred to as the City may by written notice of default to the Bidder (subject to the provisions of paragraph (C) below) terminate the whole or any part of this contract, in any one of the two following circumstances: 1. If the Bidder fails to make delivery of the supplies or to perform the services, within the time specified herein, or any extension thereof; or 2. If the Bidder fails to perform any of the other provisions of this contract, or so fails to make progress to endanger performance of this contract in accordance with its terms, and in either of these two circumstances does not cure such failure within a period of ten (10) days after receipt of notice from the Purchasing Officer specifying such failure. B. In the event the City terminates this contract, in whole or in part, as provided in paragraph (A) of this clause, the City may procure, upon such terms and in such manner as the Purchasing Officer may deem appropriate, supplies or services similar to those so terminated, and the Bidder shall be liable to the City for any excess costs for such similar supplies or services; provided, that the Bidder shall continue the performance of this contract to the extent not terminated under the provisions of this clause. C. The Bidder shall not be liable for any excess costs, if the failure to perform the contract arises out of causes beyond the control and without the fault or negligence of the Bidder. Such causes may include, but are not restricted to, acts of God or of the public enemy, acts of the City in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restriction, strikes, freight embargoes, and unusually severe weather; but in every case the failure to perform must be beyond the control and without the fault or negligence of the Bidder. D. If, after notice of termination of this contract under the provisions of this clause, it is determined for any reason that the Bidder was not in default under the provisions of this clause, or that the default was excusable under the provisions of this clause, the rights and obligations of the Bidder shall be the same as if notice of termination for convenience had been issued pursuant to such clause. 41. TERMINATION FOR CONVENIENCE The Purchasing Officer, by written notice, may terminate this contract, in whole or in part, when it is in the best interest of the City. If this contract is for supplies and is so terminated, the Bidder shall be compensated in accordance with his auditable costs to point of 43 of 45 Notification of Termination. To the extent that this contract is for services and is so terminated, the City shall be liable only for payment in accordance with the payment provisions of this contract, for the actual services rendered to the effective date of termination. 42. LABOR PRACTICES The Bidder shall comply with all Federal and State Laws, and City Ordinances where applicable, relating to fair labor practices and discrimination in the employment of persons. 43. INSURANCE Unless otherwise provided. Bidder shall cause City to be named as an additional insured on liability and/or products liability insurance concerning Bidder's performance, products, or equipment in amounts, scope and duration as may be required by the Purchasing Officer. Bidder shall provide evidence of Workers' Compensation Insurance covering all employees. 44. LIABILITY AND INDEMNIFICATION Bidder agrees to defend, indemnify, protect and hold City, and its agents, officers and employees, harmless from and against any and all claims asserted, or liability established for damages or injuries to any person or property, including injury to Bidder's employees, agents or officers which arise from or are connected with, or are caused or claimed to be caused by the acts or omissions of Bidder, and its agents, officers or employees, in performing the work or services or supplying the materials or equipment herein, and all expenses of investigating and defending against same; provided, however, that Bidder's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers or employees. This shall not prejudice the right of the City to appear in such suit, participate in the defense, and take such actions as may be necessary to protect the interests of the City. 45. EQUAL OPPORTUNITY POLICY The City of Carisbad will not discriminate with regard to race, religious creed, color, national origin, ancestry, disability, marital status, veteran's status, sex, or sexual orientation or age in the award of contracts. 46. ANNUAL APPROPRIATION OF FUNDS Multi-year term supply and service contracts and leases are subject to annual appropriation of funds by the City Council. Payments made under term contracts and leases are considered items of current expense. Purchase Orders are funded when issued, therefore are current expense items and are not subject to any subsequent appropriation of funds. In the event sufficient funds are not appropriated for the payment of lease payments, or anticipated term contract payments, required to be paid in the next occurring lease or contract term, and if no funds are legally available from other sources, the lease or contract may be terminated at the end of the original term or renewal term and the City shall not be obligated to make further payments beyond the then current original or renewal term. The 44 of 45 City will provide notice of its inability to continue the lease or contract at such time as the Purchasing Officer is aware of the non-appropriation of funds. However, failure to notify does not renew the term of the lease or contract. If a lease is canceled, the events of default will occur as described in the lease and/or Item 40 of these General Provisions. The City has no monetary obligation in event of termination or reduction of a term contract, since such contracts represent estimated quantities and are not funded as a contract except to the extent of the Purchase Orders already issued. 47. TEN PERCENT (10%) RETENTION The City reserves the right to withhold a ten percent (10%) retention on all Purchase orders until the supplies, services or equipment have been accepted. 48. QUANTITIES Estimated quantities are given as a basis for comparison of bids. The City does not, expressly or by implications, agree that the actual quantities will be purchased. 45 of 45 5^ Submitted by Mehdi Sarram at 6/11/13 City Council Meeting re Agenda Items 1-3 March 18,2013 Meeting with Doug Bilse, Bryan and Skip Data points in city traffic signals The following are actual data points as I drove through the city of Carlsbad in the past few months, mostly on ECR and PAR. Date/Time/Day Direction Traffic light at Status Comments 12/7/12, 3:30 pm, Fri ECR-south Town Garden Red Camino Robles Red Poinsettia Red 12/21/12, 7:00 am, Fri ECR-north PAR Red College Red Cannon Red 1/2/13, 9:30 am. Wed ECR -north Faraday Red Cassia Red Poinsettia Red Alga Red Alga is the biggest problem-mostly red on either direction any day in the past 5 years 1/4/13,3 pm, Fri ECR-south Poinsettia Red Dove Red Alga Red Costa Del.. Red Alga Red 1/6/13,9 am. Sun ECR-north Camino Del. Red Pomsettia Red 1/7/13, 4 pm, Mon Bstrella de Mar to Poinsettia Poinsettia Red No cars on either directions on Poinsettia, yet red light for 12 sec 1/9/13,10:30 am. Wed ECR-north College Red Jackson Par Red Cannon Red Kelly Red Chestnut Red 1/9/13, 3:10 pm, Wed ECR-south Hosp way Red This does not look good Chestout Red Kelly Red Cannon Red College Red Faraday Red PAR Red Cassia Red 1/14/13,2 pm, Mon ECR-north Garden view Red PAR Red Faraday Red 1/18/13,3 pm, Fri ECR-north Town Garden Red No one on opposite sides PAR Red College Red Tamarack Red Village drive Red Marron Red 1/18/13,4 pm, Fri College south Marron Red Tamarack Red Cont on ECR south College Red Faraday Red PAR Red Cassia Red 1/25/13,4 pm, Fri ECR-north La Costa Red Alga Red 2/3/13,10 am, Sun ECR-north Town Garden Red PAR Red Jackson Par Red Cannon Red Tamarack Red Chestout Red Village Drive Red 2/18/1/3,2 pm, Wed ECR-north Camino.. Red Town Garden Red PAR Red Faraday Red 3/11/13, 5 pm, Mon ECR-south Camino.. Red Cassia Red 3/12/13, 3pm,Tu ECR-north Calla Barcelona Red La Costa Red 3/15/13, 9 am, Fri ECR-north Camino.. Red PAR Red College Red Cannon Red Questions: I like to know the improvements in traffic lights synchronization in our city, schedule to completion, data collection on improvements so far and by which methods. Do we have someone like me driving around the city observing how the lights work or do not work? Total money spent so far excluding salaries of staff. Have we achieved the goals our mayor set a few years ago? What the percent improvement is roughly as compared when the project started? My personal views on the city traffic improvements. Traffic Signal Program Doug Bilse, T.E. Senior Traffic Engineer City Council Meeting June 11, 2013 Proof in the Concept Award Winning Planning Why This Project is Needed •City Council Strategic Goal: - Provide and support a safe and efficient transportation system that moves people, services and goods throughout the city •Transportation Mission: - We Keep Carlsbad moving by providing a transportation system valued by all… •Transportation Vision: - Be a fiscally responsible and professionally managed organization How We Created a SMART Program •Safe •Measurable •Accountable •Reliable •Team What This Project Accomplished •World Class Traffic Signal Program •Accountable maintenance program •Asset inventory •Traffic Management Center (TMC) •Wireless network •Auto/bike detection •Upgrade equipment •Signal timing plans •Village Street Lights •Carlsbad Scrambles Project Status •6 months ahead of schedule •$1.2M under budget Ahead of Schedule Project Phase (months) Traffic Signals Linked to TMC Originally Scheduled Actually Completed Exceeded Expectations Phase I (6) 41 55 14 Phase II (8) 56 75 19 Total : (14) 97 130 33 Under Budget Phase Costs Original Cost Estimate Current Estimated Costs Project Savings Pilot project $0.7M $0.6M $100,000 Phase I $1.4M $0.9M $475,000 Phase II $1.6M $1.1M $525,000 Phase III (in progress) $1.75M $1.75M $0 TMC Upgrades (in progress) $0.25M $0.15M $100,000 Total Cost $5.7M $4.5M $1.2M Under Budget Phase Costs Original Cost Estimate Current Estimated Costs Project Savings Pilot project $0.7M $0.6M $100,000 Phase I $1.4M $0.9M $475,000 Phase II $1.6M $1.1M $525,000 Phase III (in progress) $1.75M $1.75M $0 TMC Upgrades (in progress) $0.25M $0.15M $100,000 Total Cost $5.7M $4.5M $1.2M Remaining Work Item Estimated Cost Communications equipment $550,000 Video detection equipment $400,000 Emergency Vehicle Pre-emption $800,000 TOTAL $1,750,000 Potential Projects Potential Project Estimated Cost Battery Back-Up (major corridors) $550,000 Smart Map $150,000 Fiber Optic $500,000 TOTAL $1,200,000 Measuring Success Category Before After Traffic Signal Program D+ B+ Peak Hour Traffic Flow C B Doing Things Differently Old Way: Design-Bid-Build •Lowest Cost Bid •Build •Minimize risk •Finger pointing •Look for mistakes New Way: Design/Build •Best Value Bids •Master Purchase Agreements •Share risk •Team solutions •Anticipates issues Questions Emergency Vehicle Pre-emption •Used by emergency vehicles to pre-empt signal operations to get a green •Improves response time and safety •Illegal units widespread •Favorable bids Traffic Signal Program Report Card NTOC Traffic Signal Program Report Card Category Before CIP Project After Phase II National Results Management C- A- D Traffic Signal Operations: Isolated Intersections D+ A- C Traffic Signal Operations: Corridors F C- C Signal Timing Practices C- A C Traffic Monitoring and Data Collection C- B- F Maintenance D B+ C Overall Results D+ B+ D+