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HomeMy WebLinkAbout04/20/1999, C8 - PURCHASE OF PARKING METER HOUSINGS council "�°"°'" j ac En as REpont 'C8 CITY OF SAN LUIS O B I S P O FROM: Mike McCluskey,Director of Public Worms Prepared By: Keith Opalewski, Parking Manager SUBJECT: PURCHASE OF PARKING METER HOUSINGS CAO RECOMMENDATION Approve specifications for purchase of parking meter housings and authorize soliciting of bids, and authorize contract award by the CAO if the lowest responsible bid is within the engineer's cost estimate of$54,000. DISCUSSION In January 1998, the Public Works Department completed a city-wide installation of state-of-the- art electronic parking meter mechanisms. This meter conversion was approved as part of the 1997-99 Financial Plan. In addition to the mechanism replacement, the Financial Plan also approved the purchase of new parking meter housings to upgrade the field integrity of some of our outdated parking meters. A number of the existing parking meter housings are no longer manufactured and cannot be replaced when they break or are damaged. The older housings are also more susceptible to theft and vandalism due to their construction. Therefore, a formal bid process needs to be initiated in order to upgrade our older parking meter housings. FISCAL IMPACT The Financial Plan formally approved $22,000 to upgrade approximately 150 meter housings. The Plan also approved $348,000 for the new electronic mechanisms. Through the competitive bid process, we were able to procure all of the new electronic meters and support software for less than the engineer's estimate. As a result, a surplus of approximately $32,000 is available to purchase additional parking meter housings. The new total of$54,000 would allow the purchase of approximately 150 additional meter housings (300 total). The additional housings would replace some of our peripheral long-term meter housings that were not included in the original budget request. The upgraded models are more durable and less susceptible to theft and vandalism. The new housings are also more versatile because the newer models come in two sections (upper and lower units). This allows for more cost effective replacement when they are damaged because only one component may need to be replaced as opposed to a complete housing. In addition, the components can be used on both the single and duplex (two meters) units. Thus, staff recommends the use of the surplus funds to purchase additional meter housings that are more secure,versatile and cost effective. C8-1 a Council Agenda Report-rho-king Meter Housings Page 2 ALTERNATIVES Do not purchase additional housings or reduce the number.of additional housings. The surplus funds would.not be expended and.held for some:future.project. However, given that the monies have been approved for meter and housing upgrade, it would be more appropriate to purchase the additional housings to help protect the city's investment in new electronic mechanisms. ATTACHMENT:. Specification Package(Council Reading File) I:carmeterhousingbid C8-2 111111 1111l111111111city of is san Luis ompo 990 Palm Street ■ San Luis Obispo,CA 93401 Notice Inviting Bids for PARTING METER HOUSINGS The City of San Luis Obispo is inviting sealed bids for the purchase of approximately 250 single and 50 duplex parking meter housings pursuant to Specification No. 99859. All bids must be received by the Department of Finance by 3:00 p.m. on Friday, May 21, 1999, when they will be opened publicly in the City Hall Council Chambers,990 Palm Street, San Luis Obispo,CA 93401. Proposals received after said time will not be considered. To guard against premature opening, each proposal shall be submitted to the Department of Finance in a sealed envelope plainly marked with the proposal title, specification number, bidder name, and time and date of the proposal opening. Proposals shall be submitted using the forms provided in the specification package. Specification packages and additional information may be obtained by contacting Keith Opalewski at (805) 781-7234. ® The City of San Luis Obispo is committed to including disabled persons in all of our services,programs and activities. Telecommunications Device for the Deaf(805)781-7410. C8-3 Specification No. 99x59 TABLE OF CONTENTS A. Description of Work 1 B. General Terms and Conditions 4 Proposal Requirements Contract Award and Execution Contract Performance C. Special Terms and Conditions 8 Invitation for Bids Estimated Quantities Use of Brand Names Performance Standards References D. Agreement 11 E. Insurance Requirements 13 F. Proposal Submittal Form 14 Proposal Submittal Summary References C8-4 Section A DESCRIPTION OF WORK The City is requesting bids for the purchase of parking meter housings which shall include the following features: 1. GENERAL SPECIFICATIONS: PARJUNG METER UPPER HOUSING(ZINC) The entire mechanism shall be enclosed in a rugged, substantially weather resistant case constructed of corrosion resistant non-brittle metal of such a thickness as to resist tampering or abuse. The meter housing shall have an impact strength equal to or exceeding zinc alloy Zamac #3 in rating. Mechanism housing cap assemblies shall fit onto the mechanism housing portion with a metal-to- metal tongue and groove design. The tongue portion, that portion on the mechanism housing itself, shall be at least 1/8' inch high and be continuous, unbroken except where the mechanism extends through the mechanism housing. This area is not to exceed 2 3/16/ inches. The cap assembly shall overlap the mechanism tongue portion fully 1/8 inch deep to insure maximum shedding of the elements and provide maximum security. The cap assembly shall be hinged to the mechanism housing. The cap assembly when in its hinged open position to allow for inspection, removal or replacement of the meter mechanism shall remain hinged and attached to the cap assembly in order to install or remove meter mechanisms. The cap-strap of the mechanism housing cap assembly shall be capable of being removed by the removal of four internal screws so the cap-strap may be color coded or painted without the need to mask off any portion of the cap assembly. Mechanism housing compartment assemblies shall be interchangeable,at random, from one meter to another, from single meter to single meter, from single meter to duplex or vice versa. The Coin Chute/Coin Guide guides the coins from the upper housing to the lower housing and shall be no smaller than 9/.16"x 1 '/2"I. D. and not larger than 11/16"x 15/8"I.D. Mechanism housings of double meter units shall be capable of being repositioned to at least two different housing positions other than the original by simple means from within the mechanism housing. Access to the mechanism shall be through separate lock combination and key and shall in no way allow access to the coin compartment housing, or in any way impair the coin compartment security. Viewing Lens The cap assembly dome lens shall be a one-piece flat sided anti-glare lens for electronic mechanisms made of high impact polycarbonate materials or lexan with vent holes and sealed into place on the lower portion of the lens with a sponge neoprene gasket. -1- All upper housing pans must be interchangeable with Duncan Model No. 76S and 60D meter housing parts. All upper housings must be assembled with new parts and no used or remanufactured parts will be accepted. PARKING METER LOWER HOUSING( .MQ Single Meter Coin Compartment Vault Housine The entire coin compartment vault housing shall be a one-piece integral casting. The entire housing shall be rugged in construction, substantially weather resistant case constructed of corrosion resistant non-brittle metal of such thickness as to resist tampering or abuse. The coin compartment vault housing shall have an impact strength equal to or exceeding the rating of zinc alloy Zamac #3. Coin compartment doors shall be hinged to the vault compartment using two rolled split steel pins to hinge the door to the coin vault, with a steel set screw located between these two pins to prevent removing these pins with ordinary hand tools and is accessible only when the coin compartment door is unlocked and opened. It shall not be possible to drill out these rolled split steel pins to gain access to the coin compartment using common hand held drill and bits. The door locking mechanism shall be so designed as to have at least two locking points and an interlocking bar that is contained between a lock cam and latch arrangement to prevent the door from being opened with an ordinary screw driver. The coin compartment door shall have an impact strength equal to or exceeding the rating of zinc alloy Zamac#3. All single meter lower housing parts must be completely interchangeable with Duncan Model No. 76S lower housing parts. All lower housings must be assembled with new parts and no used or remanufactured parts will be accepted. Double Meter Coin Compartment Vault Housing The coin compartment vault shall be so designed as to have an upper positioning plate attached to the lower portion of the coin vault. The entire housing shall be rugged in construction, substantially weather resistant case constructed of corrosion resistant non-brittle metal of such thickness as to resist tampering or abuse. The coin compartment vault shall have an impact strength equal to or exceeding the rating of zinc alloy Zamac#3. The door shall have heavy duty hinges and a door locking mechanism that has at least two locking points. The door shall hinge from the top of the coin compartment vault to allow easy access to the coin collection box. The door lock shall be equipped with a stainless steel lock shield to prevent the lock from being drilled with a common hand held drill and bits. The coin compartment door shall have an impact strength equal to or exceeding the rating of zinc alloy Zamac#3. All double meter lower housing parts must be completely interchangeable with Duncan Model 60D lower housing parts. All lower housings must be assembled with new parts and no used or remanufactured parts will be accepted. Paint Finish The painted parts shall be processed through a five stage clean/iron phosphate system prior to paint. The parts shall be painted using a Nordson NC-8 Powder Paint system which applies a polyester TGIC powder paint to the parts electrostatically at a thickness of 2.5 - 3.5 Mils. Following the application of the powder, the parts shall be run through a curing oven prior to assembly and shipment. C-8.6- -2- Approved colors for housings are: 1. Standard Gun Metal Gray or equal 2. RAL 6024 Traffic Green or equal WARRANTY SERVICE RE=REMENTS Warranty Length The Contractor shall warrant the parking meter housing against defects for one (1) year after delivery and acceptance by the City. Location of Warranty Service The location of the Contractor's warranty service center shall be as noted in the Contractor's bid. Warranty Express The Contractor shall pay for all incidental expenses associated with warranty services, including, but not limited to,City labor,City-supplied parts,and transportation. 2. DELIVERY REQUIREMENTS Vendor will supply to the City of San Luis Obispo upon delivery: a. Two(2)complete sets of all technical repair manuals and parts price lists. rQ -3- Section B - GENERAL TERMS AND CONDITIONS PROPOSAL REQUIREMENTS 1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal (bidder) shall meet all of the terms, and conditions of the Invitation for Bids (IFB)package. By virtue of its proposal submittal, the bidder acknowledges agreement with and acceptance of all provisions of the IFB specifications. 2. Proposal Submittal. Each proposal must be submitted on the form(s) provided in the specifications and accompanied by any other required submittals or supplemental materials. Proposal documents shall be enclosed in an envelope which shall be sealed and addressed to the Department of Finance, City of San Luis Obispo, 990 Palm Street, San Luis Obispo, CA, 93401. In order to guard against premature opening, the proposal should be clearly labeled with the proposal title, specification number, name of bidder, and date and time of proposal opening. No FAX submittals will be accepted. 3. Insurance Certificate. Each proposal must include a certificate of insurance showing: a. The insurance carrier and its A.M. Best rating. b. Scope of coverage and limits. C. Deductibles and self-insured retention. The purpose of this submittal is to generally assess the adequacy of the bidder's insurance coverage during proposal evaluation; as discussed under paragraph 12 below, endorsements are not required until contract award. The City's insurance requirements are detailed in Section E. 4. Proposal Quotes and Unit Price Extensions. The extensions of unit prices for the quantities indicated and the lump sum prices quoted by the bidder must be entered in figures in the spaces provided on the Proposal Submittal Form(s). Any lump sum bid shall be stated in figures. The Proposal Submittal Form(s) must be totally completed. If the unit price and the total amount stated by any bidder for any item are not in agreement, the unit price alone will be considered as representing the bidder's intention and the proposal total will be corrected to conform to the specified unit price. 5. Proposal Withdrawal and Opening. A bidder may withdraw its proposal, without prejudice prior to the time specified for the proposal opening, by submitting a written request to the Director of Finance for its withdrawal, in which event the proposal will be returned to the bidder unopened. No proposal received after the time specified or at any place other than that stated in the"Notice Inviting Bids/Requesting Proposals" will be considered. All proposals will be opened and declared publicly. Bidders or their representatives are invited to be present at the opening of the proposals. 6. Submittal of One Proposal Only. No individual or business entity of any kind shall be allowed to make or file,or to be interested in more than one proposal,except an alternative proposal when specifically requested; however, an individual or business entity which has submitted a sub- .proposal to a bidder submitting a proposal, or who has quoted prices on materials to such bidder, is not thereby disqualified from submitting a sub-proposal or from quoting prices to other bidders submitting proposals. C,8-8- -4- 7. Cooperative Purchasing. During the term of the contract, the successful bidder will extend all terms and conditions to any other local.governmental agencies upon their request. These agencies will issue their own purchase orders,will directly receive goods or services at their place of business, and will be directly billed by the successful bidder. 8. Communications. All timely requests for information submitted in writing will receive a written response from the City. Telephone communications with City staff are not encouraged, but will be permitted. However,any such oral communication shall not be binding on the City. CONTRACT AWARD AND EXECUTION 9. Proposal Retention and Award. The City reserves the right to retain all proposals for a period of 60 days for examination and comparison. The City also reserves the right to waive non-substantial irregularities in any proposal, to reject any or all proposals, to reject or delete one part of a proposal and accept the other, except to the extent that proposals are qualified by specific limitations. See the "special terms and conditions" in Section C of these specifications for proposal evaluation and contract award criteria. 10. Competency and Responsibility of Bidder. The City reserves full discretion to determine the competence and responsibility, professionally and/or financially, of bidders. Bidders will provide, in a timely manner, any and all information which the City deems necessary to make such a decision. 11. Contract Requirement. The bidder to whom award is made(Contractor) shall execute a written contract with the City within ten (10) calendar days after notice of the award has been sent by mail to it at the address given in its proposal. The contract shall be made in the form adopted by the City and incorporated in these specifications. 12. Insurance Requirements. The Contractor shall provide proof of insurance in the form, coverages, and amounts specified in Section E of these specifications within 10 (ten) calendar days after notice of contract award as a precondition to contract execution. CONTRACT PERFORMANCE 13. Ability to Perform. The Contractor warrants that it possesses, or has arranged through subcontracts, all capital and other equipment, labor,materials, and licenses necessary to cavy out and complete the work hereunder in compliance with any and all federal, state, county, city, and special district laws,ordinances,and regulations. 14. Laws to be Observed. The Contractor shall keep itself fully informed of and shall observe and comply with all applicable state and federal laws and county and City of San Luis Obispo ordinances,regulations and adopted codes during its performance of the work. 15. Payment of Taxes. The contract prices shall include full compensation for all taxes which the Contractor is required to pay. 16. Permits and Licenses. The Contractor shall procure all permits and licenses,pay all charges and fees,and give all notices necessary. 17. Safety Provisions. The Contractor shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety. C-9- -5- 18. Public and Employee Safety. Whenever the Contractor's operations create a condition hazardous to the public or City employees, it shall, at its expense and without cost to the City, furnish, erect and maintain such fences, temporary railings, barricades, lights, signs and other devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public and employees. 19. Preservation of City Property. The Contractor shall provide and install suitable safeguards, approved by the City,to protect City property from injury or damage. If City property is injured or damaged as a result of the Contractor's operations, it shall be replaced or restored at the Contractor's expense. The facilities shall be replaced or restored to a condition as good as when the Contractor began work. 20. Immigration Act of 1986. The Contractor wan-ants on behalf of itself and all subcontractors engaged for the performance of this work that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder. 21. Contractor Non-Discrimination. In the performance of this work, the Contractor agrees that it will not engage in,nor permit such subcontractors as it may employ, to engage in discrimination in employment of persons because of age, race, color, sex, national origin or ancestry, sexual orientation,or religion of such persons. 22. Work Delays. Should the Contractor be obstructed or delayed in the work required to be done hereunder by changes in the work or by any default, act, or omission of the City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor due to federal government restrictions arising out of defense or war programs, then the time of completion may, at the City's sole option, be extended for such periods as may be agreed upon by the City and the Contractor. In the event that there is insufficient time to grant such extensions prior to the completion date of the contract, the City may, at the time of acceptance of the work, waive liquidated damages which may have accrued for failure to complete on time, due to any of the above, after hearing evidence as to the reasons for such delay, and making a finding as to the causes of same. 23. Payment Terms. The City's payment terns are 30 days from the receipt of an original invoice and acceptance by the City of the materials, supplies, equipment, or services provided by the Contractor(Net 30). 24. Inspection. The Contractor shall furnish City with every reasonable opportunity for City to ascertain that the services of the Contractor are being performed in accordance with the requirements and intentions of this contract. All work done and all materials furnished, if any, shall be subject to the City's inspection and approval. The inspection of such work shall not relieve Contractor of any of its obligations to fulfill its contract requirements. 25. Audit. The City shall have the option of inspecting and/or auditing all records and other written materials used by Contractor in preparing its invoices to City as a condition precedent to any payment to Contractor. -6- 26. Interests of Contractor. The Contractor covenants that it presenuy has no interest, and shall not acquire any interest direct or indirect or otherwise,which would conflict in any manner or degree with the performance of the work hereunder. The Contractor further covenants that, in the performance of this work, no subcontractor or person having such an interest shall be employed. The Contractor certifies that no one who has or will have any financial interest in performing this work is an officer or employee of the City. It is hereby expressly agreed that, in the performance of the work hereunder,the Contractor shall at all times be deemed an independent contractor and not an agent or employee of the City. 27. Hold Harmless and Indemnification. The Contractor agrees to defend, indemnify, protect and hold the 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 the Contractor'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 the Contractor, and its agents, officers or employees, in performing the work or services herein, and all expenses of investigating and defending against same; provided, however, that the Contractor'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. 28. Contract Assignment. The Contractor shall not assign, transfer, convey or otherwise dispose of the contract, or its right, title or interest,or its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City. 29. Termination. If, during the term of the contract, the City determines that the Contractor is not faithfully abiding by any term or condition contained herein, the City may notify the Contractor in writing of such defect or failure to perform; which notice must give the Contractor a 10 (ten) calendar day notice of time thereafter in which to perform said work or cure the deficiency. If the Contractor has not performed the work or cured the deficiency within the ten days specified in the notice,such shall constitute a breach of the contract and the City may terminate the contract immediately by written notice to the Contractor to said effect. Thereafter,neither party shall have any further duties, obligations, responsibilities, or rights under the contract except, however, any and all obligations of the Contractor's surety shall remain in full force and effect, and shall not be extinguished,reduced,or in any manner waived by the termination thereof. In said event, the Contractor shall be entitled to the reasonable value of its services performed from the beginning date in which the breach occurs up to the day it received the City's Notice of Termination, minus any offset from such payment representing the City's damages from such breach. "Reasonable value" includes fees or charges for goods or services as of the last milestone or task satisfactorily delivered or completed by the Contractor as may be set forth in the Agreement payment schedule; compensation for any other work, services or goods performed or provided by the Contractor shall be based solely on the City's assessment of the value of the work-in-progress in completing the overall workscope. The City reserves the right to delay any such payment until completion or confirmed abandonment of the project, as may be determined in the City's sole discretion, so as to permit a Ml and complete accounting of costs. In no event, however, shall the Contractor be entitled to receive in excess of the compensation quoted in its proposal. rQ > > -7- Section C SPECIAL TERMS AND CONDITIONS INVITATION FOR BIDS 1. Contract Award. Subject to the reservations set forth in paragraph 8 of the general terms and conditions (Section B of these specifications), the contract will be awarded to the lowest responsible,responsive bidder. 2. Sales Tax Reimbursement. For sales occurring within the City of San Luis Obispo, the City receives sales tax revenues. Therefore, for bids from retail firms located in the City at the time of proposal closing for which sales tax is allocated to the City, I% of the taxable amount of the bid will be deducted from the proposal by the City in calculating and determining the lowest responsible,responsive bidder. 3. Labor Actions. In the event that the successful bidder is experiencing a labor action at the time of contract award (or if its suppliers or subcontractors are experiencing such a labor action), the City reserves the right to declare said bidder is no longer the lowest responsible, responsive bidder and to accept the next acceptable low proposal from a bidder that is not experiencing a labor action,and to declare it to be the lowest responsible,responsive bidder. 4. Failure to Accept Contract. The following will occur if the bidder to whom the award is made (Contractor) fails to enter into the contract: the award will be annulled; any bid security will be forfeited in accordance with the special terms and conditions if a bidder's bond or security is required; and an award may be made to the next lowest responsible, responsive bidder who shall fulfill every stipulation as if it were the party to whom the first award was made. ESTIMATED QUANTITIES 5. Estimated Quantities. The quantities indicated in the Detail Proposal Submittal Form are estimates based on past purchasing experience, and will be used to determine the lowest overall proposal. Actual quantities purchased during the period of this contract may vary from these estimated amounts as required by the City. 6. Supplemental Purchases. Supplemental purchases may be made from the successful bidder during the contract term in addition to the items listed in the Detail Proposal Submittal Form. For these supplemental purchases, the bidder shall not offer prices to the City in excess of the amounts offered to other similar customers for the same item. If the bidder is willing to offer the City a standard discount on all supplemental purchases from its generally prevailing or published price structure during the contract term, this offer and the amount of discount on a percentage basis should be provided with the proposal submittal. f'Q_12 -8- USE OF BR,4ND NAMES 7. Unrestrictive Brand Names. Any manufacturer's names, trade names, brand names, or catalog numbers used in the specifications are for the purpose of describing and establishing general quality levels. Such references are not intended to be restrictive. Proposals will be considered for any brand which meets or exceeds the quality of the specifications given for any item. In the event an alternate brand name is proposed, supplemental documentation shall be provided demonstrating that the alternate brand name meets or exceeds the requirements specified herein. The burden of proof as to the suitability of any proposed altematives is upon the bidder, and the City shall be the sole judge in making this determination. PERFORMANCE STANDARDS 8. Delivery. Prices quoted for all supplies or equipment to be provided under the terms and conditions of this IFB package shall include delivery charges, to be delivered F.O.B. San Luis Obispo by the successful bidder and received by the City within 75 days after authorization to proceed by the City. 9. Start and Completion of Work. Work on this project shall begin within 15 calendar days after contract execution and shall be completed within 60 calendar days thereafter. 10. Liquidated Damages. In the event that the bidder does not meet the work completion date specified in its proposal, the award amount shall be reduced in the amount of One Hundred dollars ($100.00) per calendar day for each and every day which exceeds the completion date specified in the bidder's proposal. As the delay in the completion of work could seriously affect the public and the efficient operation of the City to an extent incapable of precise calculation, said reduction is established as the nearest measure of damages for such delay that can be fixed at this time, and is not established as a penalty or forfeiture for the breach of agreement to complete the work. Said reductions may be invoked if completion of work exceeds the specified time for any reason. 11. Submittal and Evaluation of Sample Housing. Each bidder shall submit three (3) samples of parking meter housings which meet the requirements listed in Section A of Specification 99859. Those samples will be one(1) single gray,one(1) duplex gray and one(1)single green. JU sample housing malfunctions or fails to meet all requirements. the bidder may be disqualified. 12. Change in Work. The City reserves the right to change quantities of any item after contract award. If the total quantity of any changed item varies by 25% or less, there shall be no change in the agreed upon unit price for that item. Unit pricing for any quantity changes per item in excess of 25%shall be subject to negotiation with the Contractor. 13. Quality Assurance. Prior to final acceptance of the meter housings the City shall conduct a random sample test (10%) of the entire shipment to ensure housings meet all specifications. Sample testing shall include the following: A. Color match(Gray& Green) B. Lock fit and function of Upper and Lower units C. Vault door and Coin Vault acceptance D. Interchange of upper housings from single to duplex E. Coin chute tolerance F. Mechanism acceptability il^Q_12 -9- ._ _... , ..- .....::. ... ....,.a: , . . _. Uthe.imdividualhousmg fall, to meet the gaality assurance test.and/or specifications,the unit shall be returned to the manufacturer::Replacement will be at the manufacturer's expense. If more than 5% of the units fail-to meet.the City's_.specif cations, the entire shipment shall be rejected and returned to the manufacturer at their expense. The contract would be awarded to the next lowest responsible and responsive bidder. REFERENCES 1. Submittal of References. Each bidder shall submit a statement of qualifications and references on the form provided in the IFB/RFP package. 2. Statement of Contract Disqualifications. Each bidder shall submit a statement regarding any past governmental agency bidding or contract disqualifications on the form provided in the IFB/RFP package. CS-4-4- -10- Section D FORM OF AGREEMENT AGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on this day of ' by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and , hereinafter referred to as Contractor. WITNESSETH: WHEREAS,on City invited bids for Parking Meter Housings per Specification No. 99859. WHEREAS, pursuant to said invitation, Contractor submitted a proposal which was accepted by City for said parking meter housings. NOW THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained,the parties hereto agree as follows: 1. TERM. The term of this Agreement shall be from the date of this Agreement is made and entered,as first written above,until acceptance or completion of said parking meter housings. 2. INCORPORATION BY REFERENCE. City Specification No. 99859 and Contractor's proposal dated ,are hereby incorporated in and made a part of this Agreement. 3. CITY'S OBLIGATIONS. For providing parking meterr housing as specified in this Agreement, City will pay and Contractor shall receive therefor payments based upon the actual quantities ordered and received by City and the unit prices bid by Contractor. 4. CONTRACTOR'S OBLIGATIONS. For and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by City, Contractor agrees with City to provide parking meter housing as described in Exhibit"A"attached hereto and incorporated into this Agreement. 5. AMENDMENTS. Any amendment,modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the City Administrative Officer of the City. -11- 6. COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding,or representation not reduced to writing and specifically incorporated herein shall be of any force or effect,nor shall any such oral agreement, understanding, or representation be binding upon the parties hereto. 7. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows: City Finance Department City of San Luis Obispo 990 Palm Street San Luis Obispo,CA 93401 Contractor [ ] 8. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant that each individual executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. CITY OF SAN LUIS OBISPO,A Municipal Corporation By: City Administrative Officer APPROVED AS TO FORM: CONTRACTOR By: City Attorney C846- -12- Section E INSURANCE REQUIREMENTS: Supply and Equipment Contracts The Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the products and materials supplied to the City. The cost of such insurance shall be borne by the Contractor. Minimum Scope of Insurance. Coverage shall be at least as broad as Insurance Services Office Commercial General Liability coverage("occurrence" form CG 0001). Minimum Limits of Insurance. Contractor shall maintain limits no less than $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers,officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions. The general liability policy is to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects: products and completed operations of the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees,agents or volunteers. 2. The Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees, agents or volunteers. 4. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought,except with respect to the limits of the insurer's liability. S. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than ANII. Verification of Coverage. The Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. 17- -13- PROPOSAL SUBM11 i AL FORM The undersigned declares that she or he has carefully examined Specification No. 99859, which is hereby made a part of this proposal; is thoroughly familiar with its contents; is authorized to represent the proposing firm;and agrees to perform the specified work for the following cost quoted in full: Description Quantity Unit Price Total Single housings 250 Duplex housings 50 TOTAL BASE PRICE Sales tax @ 7.25% Other(provide detail below) TOTAL $ Delivery of equipment to the City to be within calendar days after contract execution and written authorization to proceed. ❑ Certificate of insurance attached; insurance company's A.M. Best rating: Firm Name and Address Contact Phone ;S nature of Authorized Representative Date -14- PROPOSAL SUBMITTAL FORM The undersigned declares that she or he: ■ has carefully examined Specification No. 99859,which is hereby made a part of this proposal. ■ is thoroughly familiar with its contents. ■ is authorized to represent the proposing firm. ■ agrees to perform the work as set forth in this proposal. ❑ Certificate of insurance attached;insurance company's A.M. Best rating: Firm Name and Address Contact Phone Si nature o Authorized Representative Date -15- REFERENCES Number of years engaged in providing the services included within the scope of the specifications under the present business name: Describe fully the last three contracts performed by your firm which demonstrate your ability to provide the services included with the scope of the specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference No. 1 Customer Name Contact Individual Telephone&FAX number Street Address City,State,Zip Code Description of services provided including contract amount,when provided and project outcome Reference No.2 Customer Name Contact Individual Telephone&FAX number Street Address City,State,Zip Code Description of services provided including contract amount,when provided and project outcome Reference No.3 Customer Name Contact Individual Telephone&FAX number Street Address City,State,Zip Code Description of services provided including contract amount,when provided and project outcome -16- STATEMENT OF PAST CONTRACT DISQUALIFICATIONS The bidder shall state whether it or any of its officers or employees who have a proprietary interest in it, has ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of the violation of law, a safety regulation, or for any other reason, including but not limited to financial difficulties, project delays, or disputes regarding work or product quality, and if so to explain the circumstances. ■ Do you have any disqualification as described in the above paragraph to declare? Yes ❑ No ❑ ■ If Yes, explain the circumstances. Executed on at under penalty of perjury of the laws of the State of California,that the foregoing is true and correct. Signature of Authorized Bidder Representative _17_ BIDDERS LIST PARKING METER HOUSINGS-SPECIFICATION NO. 99859 J.J. MacKay Canada Limited Tri-State Meter, Inc. 1342 Abercrombie Road Kevin Dawe P. O. Box 338 2023 W. Guadalupe Road, Suite 11-208 New Glasgow,Nova Scotia Mesa,AZ 85202 Canada B2H 5E3 Phone No. (213)245-67778 Phone No. (902) 752-5124 Fax No. (818) 956-0578 Fax No. (902) 752-5955 Duncan Industries Donna Geldmacher P. O.Box 3863 Glendale, CA 91221-0863 C8-22 C8-23