990 Palm Street San Luis Obispo, CA 93401
Notice Requesting Proposals for MOBILE COMMUNICATION GATEWAYS Specification No. 91273
The City of San Luis Obispo is requesting sealed proposals for mobile communication gateways pursuant to Specification No. 91273. All proposals must be received by the Finance Division by March 12, 2014 at 3:00 PM, 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 Finance Division in a sealed envelope plainly marked with the proposal title, specification number, bidder name, time and date of the proposal opening. Proposals shall be submitted using the forms provided in the specification package. A pre-proposal meeting will be held at 990 Palm Street, Finance & Information Technology Conference Room on February 19th, 2014 at 1:00 pm to answer any questions that the prospective bidders may have regarding the City's request for proposals. Specification packages and additional information may be obtained on the City’s website at http://www.slocity.org/finance/bids.asp or by contacting Miguel Guardado, Network Services Supervisor at
[email protected].
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.
Specification No. 91273 TABLE OF CONTENTS A.
Description of Work
2
Overview Background Technical Proposal Requirements Training Maintenance and Support Warranty
2 2 3 10 10 10
General Terms and Conditions
12
Proposal Requirements Contract Award and Execution Contract Performance
12 13 14
Special Terms and Conditions
17
Proposal Content Proposal Evaluation and Selection Proposal Review and Award Schedule Required Deliverable Products Attendance at Meetings and Hearings
17 18 19 19 19
D.
Form of Agreement
21
E.
Insurance Requirements
23
F.
Proposal Summary Form
25
References Statement of Past Contract Disqualifications
26 27
B.
C.
1 City of San Luis Obispo
Section A DESCRIPTION OF WORK OVERVIEW Purpose The City of San Luis Obispo is inviting proposals for fifty (50) mobile communication gateways to install into both police and fire vehicles. These mobile communication gateways will serve as a mobile router providing wide area wireless communications and must include all hardware, software and services required to support in-vehicle communications, back-end management system and applications, as well as complete mobile network security. Background The City’s mobile data computers currently use internal modems that connect to Verizon’s 3G network. In parallel with this RFP, the City is also releasing an RFP to upgrade the City’s mobile data computers. These mobile communication gateways will be used with the City’s new mobile data computers. It is the City’s intention that moving to a mobile communication gateway will allow the City to seamlessly use multiple communication paths to every vehicle and easily migrate to new communication paths as they are available. The chart below lists the vehicles that are expected to be outfitted with mobile communication gateway devices at the time of installation. Mobile Communication Gateways Department Police Police Police Police Police Police Police Police Police Police Police Police Police Police Police Police Police Police Police
Vehicle Type Ford Interceptor Sedan Ford Interceptor Sedan Ford Interceptor Utility Ford Interceptor Utility Dodge Charger Dodge Charger Chevrolet Tahoe Ford Crown Victoria Ford Crown Victoria Chevrolet Caprice Chevrolet ½ Ton Pickup Truck Buick Regal Chevrolet Impala Chevrolet Impala Chevrolet Impala Ford F1 Van Ford Escape Chevrolet Suburban Dodge Ram 2500 Van 2
Vehicle Year 2013 2014 2013 2014 2008 2009 2011 2006 2007 2011 2002 2004 2005 2007 2009 2001 2008 2008 2002
Quantity 2 4 3 6 3 3 1 1 2 1 1 1 1 1 1 1 1 1 1
Police Police Fire Fire Fire Fire Network Services Network Services Fleet
Ford 1 ton truck SWAT Trailer (Desk Mounted) Chevrolet Suburban Ford Interceptor Utility Chevrolet Tahoe Fire Engines Ford Explorer Non-vehicle (spares) Non-vehicle (spares)
(TBD) 2013 2013 2000
Total
1 1 1 1 1 6 1 2 1 50
TECHNICAL PROPOSAL REQUIREMENTS The proposer should submit product documentation and address the following requirements in their proposal. I. Company Background – Must include size of company, number of technical support staff and location of support staff that would provide onsite support. II. In-Vehicle Gateway A. Mechanical Requirements i. Single Enclosure – All gateway electronics, including wireless data modems, shall be contained within a single, compact enclosure. ii. Material – The communications equipment shall be a rugged design, with a cast alloy enclosure to protect all electronic components. iii. Fully Enclosed – All electronics that comprise the gateway device (including cellular data modems, Wi-Fi modems, etc.) shall be fully contained within the enclosure. An equipment configuration with electronic subassemblies, including modems, protruding from the enclosure is not acceptable. iv. Locking Connectors – Power and RF antenna connectors shall be threaded or have a locking mechanism to prevent accidental removal of associated cables. B. Electrical and Environmental Requirements i. Temperature – The gateway shall operate over a temperature range of at least -30° C to +60° C (22° F to 140° F). This temperature range shall be achieved using passive cooling of the enclosure with no requirement for internal fans. The gateway shall monitor its operating temperature and automatically enter a low power state when operating outside its programmed temperature range. The gateway shall automatically resume normal operation when the temperature returns within range. ii. Shock – The gateway shall withstand mechanical shock of 18 g of 2 milliseconds. iii. Ingress Protection – The gateway enclosure shall be rated IP54 (per IEC60529) for protection from solid objects, dust and water. iv. Power Supply a. Voltage – The gateway shall operate with standard 12 or 24 VDC vehicle power systems, and shall function without impairment from a sustained DC supply 3
power of 6 to 34 Volts DC. The gateway power supply and electronics shall be protected from damage caused by reverse polarity of DC power connections and from short periods of overvoltage operation up to 48 VDC. The gateway shall operate without impairment when subjected to automotive voltage transients exhibited during cold cranking engine start events with voltage dips as low as 5.5 volts (voltage waveforms as per SAE J1113-11 Fig.7). b. Ignition Sensing – The gateway shall be configurable for automatic power up upon detecting activation of 12 or 24 VDC ignition systems. c. Battery Protection – The gateway shall be configurable to support automatic power down at a predefined low-voltage level or after a predefined interval following shutdown of vehicle ignition. The gateway shutdown timer shall have a software programmable interval of up to 24 hours after ignition turnoff. The shutdown timer shall be remotely configurable via software. d. Immunity to Conduct Transients – The gateway shall be protected from conducted power line transients as defined in SAE J1455 section 4.13.2.2.1. C. Networking Requirements i. Multi-Network Wide Area Wireless Access a. Cellular – The gateway shall be optionally configurable to incorporate one or more internal cellular modems supporting access to public and private cellular data services including: (a) UMTS-HSPA and HSPA+ (b) EV-DO RevA and RevB (c) 4G LTE (d) LTE Band Class 14 (public safety broadband network) b. Wi-Fi WAN Access – The gateway shall incorporate an internal radio modem to communicate with broadband access points supporting 802.11 b/g/n standard transmissions in the 2.4 GHz band and 802.11 a and n transmission in the 5GHz band. This 802.11n client radio shall support 2x2 MIMO operation using exterior antennas. The Wi-Fi client radio shall be dedicated to Wi-Fi WAN operations, and shall be separate from the mobile access point radio also embedded in the gateway. c. Licensed Broadband – The gateway shall be optionally configurable with an internal radio modem to communicate with broadband access points using licensed public safety spectrum in the 4.9 GHz radio band based on 802.11a standards. d. External Wireless Modems – The gateway shall be capable of wide-area communications via external wireless modems. Such external modem connections shall be configurable using Ethernet, USB, and RS232 ports on the gateway. Serial modem connections shall support either PPP or Direct IP communication. e. Multi-Network Operation and Switching Policies – The gateway shall automatically switch wide area traffic between wide area wireless networks according to administrator-defined switching policies. Switching policies shall be 4
based upon, at a minimum: network availability, network priority, signal strength, time of day, vehicle location and vehicle speed. f. Load Balancing – The gateway shall provide an option to distribute network sessions across two or more wide-area network links in order to expand the overall capacity of the wide-area connection. To effectively accommodate widearea connections with different performance characteristics, a weighting mechanism shall be provided in order to distribute more sessions to the higher capacity link(s). g. Traffic Filtering – To assure that only appropriate application traffic is routed over each wireless infrastructure, the gateway shall be capable of automatically filtering application traffic directed to each wide-area wireless network. Filtering rules shall be administrator-definable for each network type. h. Quality of Service Management – The gateway shall provide a Quality of Service (QoS) mechanism to classify application traffic based on source or destination address and/or port. For each defined class of traffic the gateway shall allow the specification of priorities for transmission across the wide area network connection as well as minimum bandwidth guarantees and maximum bandwidth allowances to ensure individual applications cannot consume all available bandwidth. To accommodate wide-area connections with different performance characteristics, the gateway shall allow the priorities and bandwidth constraints for each traffic class to be set independently for each wide-area network connection. i. Modem Upgrades – To enable access to new wireless network infrastructure deployed in the future, it shall be possible to replace previously configured wireless modems or install new wireless modems in the gateway. j. Internal Modem Form Factors – To accommodate future wireless technologies delivered in a variety of radio modem form factors, internal radio modules in MiniPCI, PCIExpress Mini (PEM), ExpressCard, USB form factors shall be supported within the gateway. k. RF Antenna Connection – It shall be possible to connect any wireless modem embedded in the gateway to an external RF antenna via a connector mounted on the gateway enclosure. l. Modem Capacity – The gateway shall be configurable to incorporate a minimum of five (5) separate wireless modems within a single enclosure. m. SIM Trays – The gateway shall have two (2) built-in SIM trays for use with SIMbased cellular radio modules. n. Network Status Beacon – The gateway shall support a Network Status Beacon which broadcasts the status (connected or disconnected) of the WAN to client devices connected to the gateway LAN. ii. Mobile Access Point a. 2.4 GHz Wi-Fi Access – The gateway shall incorporate a dedicated 2.4 GHz 802.11 b/g/n access point to implement a standards-based wireless LAN to connect client devices inside or nearby the vehicle. The mobile access point radio shall optionally support 2x2 MIMO operation. 5
b. Multiple SSID – The gateway Wi-Fi mobile access point shall support up to four (4) SSIDs. c. Multiple Access Points – It shall be possible to optionally configure both Wi-Fi radio modules embedded in the gateway as two separate Wi-Fi access points, one to serve Wi-Fi clients outside the vehicle and the other to serve clients inside the vehicle. iii. Wired Connections a. Serial – The gateway shall support at least one RS232 serial data connection. b. Ethernet – The gateway shall support a minimum of four (4) 10/100/1000 BaseT Ethernet ports with auto MDI/MDIX support. c. USB – The gateway shall support a minimum of two (2) USB 2.0 connections. d. General Purpose Inputs – The gateway shall support a minimum of four (4) general purpose digital inputs. D. Functional Requirements i. Secure Administrative Access – Local and remote access to the administrative interface of the gateway shall be secured by password-protected login. ii. DHCP Server – The gateway shall incorporate a DHCP server compliant with RFC 2131 for IP address assignment to LAN-connected devices. iii. Network Time Server – The gateway shall be configurable as an NTP server compliant with RFC 1305 to distribute network time to its LAN connected clients. iv. Dynamic DNS Client – The communications system shall be configurable to report updates of the gateway’s primary WAN IP address to its active Domain Name Server in compliance with RFC2136. v. Network Address Translation – The gateway shall support Network Address Translation (NAT) with port forwarding, according to RFC 1631. vi. VLAN Support – The gateway shall enable the creation of multiple virtual LANs within the vehicle, partitioned by physical network interface and 802.1q VLAN tags. vii. Encrypted VPN a. IPSEC Client Capability – The gateway shall incorporate client software to implement managed VPN connections over the wireless wide area network links. The VPN client shall be compatible with an IPsec VPN server deployed in the agency enterprise network, and shall be capable of 256-bit AES encryption. b. IKE Support – The VPN client must support for authentication both IKEv1 and IKEv2 pre-shared key or X.509 based certificate. c. MOBIKE Support – When interoperating with a compatible VPN host, the gateway shall be capable of using the MOBIKE extension to IKEv2 to maintain a single IPsec security association for the VPN tunnel while roaming to a new wireless network. viii.
Wi-Fi LAN Security
6
a. Wi-Fi LAN Access Security – The gateway’s mobile access point shall be configurable at the administrator’s discretion to secure user access using WPA2/AES-CCMP with Pre-Shared Key or WPA2 Enterprise with EAP-TLS authentication. ix. Wi-Fi WAN Access Security – The gateway shall be capable of accessing wireless WAN connections on fixed Wi-Fi access point infrastructure using the following authentication protocols: a. WPA with Pre-Shared Key b. WPA/WPA2 Enterprise with EAP-TLS c. WPA/WPA2 Enterprise with PEAPv0/EAP-MSCHAPv2 x. GPS Receiver a. Channels – The gateway shall incorporate a GPS receiver with a minimum of 12 receive channels. b. Local GPS Data Reporting – The gateway shall be configurable to report GPS location information over-the-air to one or more remote hosts. c. External GPS Support – The gateway shall be capable of using GPS location information received from a third party GPS solution through either an Ethernet or serial connection using either TAIP or NMEA 0183 message formats. xi. Data Storage – The gateway shall be equipped with a minimum of 1 GB of internal storage and shall be able to accommodate larger internal storage devices if required for particular applications. E. Management Capabilities i. Gateway Management System a. Enterprise Appliance – The gateway management system shall be available as a stand-alone enterprise appliance for installation within customer’s premise. ii. Gateway Configuration a. Over-The-Air Software Upgrades – Gateway operating system software shall be upgradable via a wireless download, with no need for maintenance personnel to visit each vehicle. It shall be possible to enable (and disable) automatic over-theair software updates when a WAN link is connected. b. Software Configuration Updates – Gateway configuration parameters shall be updatable remotely via wireless access, with no need for maintenance personnel to visit each vehicle. c. Mass Configuration – The gateway management system shall automate distribution and activation of fleet wide configuration changes. The system shall assure the successful application of such configuration changes regardless of operational status of individual gateways when the update process is launched and shall report the update status for each vehicle. d. Location-Based Reporting and Logging – The gateway management system shall have the capability to log the location of all vehicles and view their location in a map-based/geographic format. 7
e. Secure VNC Reach-Through – The gateway management system shall enable authorized users to perform remote administration of computing devices that support VNC (virtual network console) access. iii. Management Data Collection – The communications gateway shall collect, retain and periodically transmit to a centralized management server, a minimum of once per day, pertinent management information for the reporting period. Reported management information shall include: a. Vehicle location history b. Unit start-up/shut-down events c. Vehicle/Gateway battery voltage d. Availability of wide area network links e. Link switching events f. Visibility and signal strength of Wi-Fi access points g. Volume of transmitted data for each available wireless network type h. Volume of received data for each available wireless network type i. Supply voltage and operating temperature of the unit j. Connection status of LAN clients k. VPN tunnel status l. RAM and disk consumption m. Configuration change events iv. Configurable Management Data Reporting – Reporting of management data by the gateway to the management server shall be configurable to limit the use of high cost wireless links. F. Management Data Representation i. General Display and Reporting Requirements – Management information reports and status displays on the centralized management server shall be accessible to either local or remote users via a browser-based interface. No additional client software should be required to support access to management system. ii. Gateway Status Display Partitioning – It shall be possible for the system administrator to assign each gateway to a designated group for management reporting purposes. Management privileges of an individual user of the management system shall be configurable to restrict access to only specified groups of gateways for which the individual is responsible. iii. Gateway Status Display – It shall be possible to present the following status information on a status monitoring screen for each logical group of gateway devices. Display content and layout shall be definable by the system administrator: a. Unit ID b. Unit IP address c. Vehicle voltage level 8
d. Unit operating temperature e. Elapsed time since last gateway heartbeat f. Duration that unit has been accessible g. Total receive bytes for the current reporting period h. Total transmit bytes for the current reporting period i. Operational status of the gateway j. Software version k. Time since last GPS fix l. GPS Satellites in View (Total/Usable) m. Ignition Status iv. Status Exception Reporting – Reported status parameters shall be monitored by the system, with status exception events automatically detected according to administrator-defined threshold values. Such exceptions shall be automatically logged by the system, highlighted by color-coding of status display elements, and reported to remote administrators via email or SNMP. G. Network Management Reports – Using logged information, the system shall generate management information reports both on an ad hoc basis and automatically at scheduled times. Report output shall be saved on the server and optionally distributed to a predefined email list. The system shall report wide area network utilization, network availability based on location, and trends in accessibility of each Gateway. Such reports shall include: i. Cellular coverage maps derived from fleet-wide network logs ii. Coverage trails mapping network accessibility for individual vehicles iii. Vehicle connection times by individual network or aggregated for all networks iv. Availability trend, indicating the percentage of in-service time that individual gateways were accessible over-the-air v. Volume of data received/transmitted on each network by an individual gateway or group of gateways vi. Volume of data received/transmitted per LAN client device vii. Volume of data received/transmitted per network service type viii.
Bandwidth consumption mapped by location
ix. Link utilization, providing a time-based view of gateway link selection x. Event filter reports to view selected event types from the detailed system logs xi. Wi-Fi access point coverage report xii. Cellular equipment inventory report showing what modem cards are installed in each vehicle along with serial and SIM numbers of each card, including: IMEI/MEID, MDN and UICC. 9
H. System Security i. Integrated Mobile VPN – The mobile communications system shall have an integrated standards-based IP SEC Mobile VPN solution optimized for use in a multinetwork environment, consisting of an enterprise grade security appliance installed within the customer premise and IP SEC VPN client installed on the vehicle gateway. ii. Fast Switching and Multi-Network Support – The VPN solution of the mobile communications system shall provide IP address persistence using IPSec with IKEV2 and MOBIKE to enable extremely fast switching across multi-WAN environments. iii. VPN Client Software – The VPN solution shall consist of VPN client software running on the gateway which automatically establishes and maintains a secure IPSec tunnel between the vehicle and enterprise VPN security appliance. All devices connected to the gateway can then share this secure VPN tunnel. The VPN solution shall not require any special VPN client software or license to be installed on each computing device (PC, Laptop, tablet, etc.). iv. Security Credential Management – The mobile communications system shall have the ability for administrator to remotely manage and automatically rotate and change the security credentials for the VPN and Wi-Fi (depot/yard) on each gateway on a regular basis. The management of the security credentials shall be done via the central gateway management system. I. Applications i. Vehicle Telemetry a. The gateway must support the sending of vehicle telemetry information. b. Proposer shall include any hardware and software necessary to collect, log and report the vehicle telemetry data. c. System must support sending e-mail alerts based on customizable thresholds for various diagnostics. INSTALLATION Proposals shall include costs for onsite installation of all required equipment. TRAINING Proposals shall include training costs for ten (10) people on how to administer and maintain the mobile communication gateways. MAINTENANCE AND SUPPORT Provide specific information regarding support options for up to 5 years. The response must include normal business day phone support, remote support and a maximum 2 hour response time. Response must also include onsite support options and travel cost estimates. The maintenance plan must include a toll-free telephone number to the service bureau for reporting problems. Any request must be identified via a unique tracking identifier for the problem report. 10
The plan must include notification, via mail or electronic delivery, of errata, service changes and software upgrades or patches. WARRANTY The vendor shall provide a minimum one (1) year limited warranty (with options to extend the warranty) that includes the following for defects only the in-vehicle hardware, management and security software. The vendor shall warrant the original purchaser that its products are free from any defects in material or workmanship for a period of up to one year, which begins 30 days from the date of shipment.
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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 Request for Proposals (RFP) specifications package. By virtue of its proposal submittal, bidder acknowledges agreement with and acceptance of all provisions of the RFP 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 that shall be sealed and addressed to the Department of Finance & Information Technology, 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. b. c.
The insurance carrier and its A.M. Best rating. Scope of coverage and limits. Deductibles and self-insured retention.
The purpose of this submittal is to generally assess the adequacy of the proposer’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 Extension. The extension 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 proposal 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 & Information Technology 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 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.
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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 that 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.
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 proposer.
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 Contractor’s proposal 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 Proposer. The City reserves full discretion to determine Contractor’s competence and responsibility, professionally and/or financially. Bidders will provide, in a timely manner, all information that 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.
13.
Business Tax. The Contractor must have a valid City of San Luis Obispo business license and tax certificate before execution of the contract. Additional information regarding the City's business license and tax program may be obtained by calling (805) 781-7134.
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CONTRACT PERFORMANCE 14.
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 carry out and complete the work hereunder in compliance with any and all federal, state, county, city, and special district laws, ordinances, and regulations.
15.
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.
16.
Payment of Taxes. The contract prices shall include full compensation for all taxes that the Contractor is required to pay.
17.
Permits and Licenses. The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary.
18.
Safety Provisions. The Contractor shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety.
19.
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.
20.
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 resulting from 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.
21.
Immigration Act of 1986. The Contractor warrants 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.
22.
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.
23.
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
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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 that 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. 24.
Payment Terms. The City's payment terms 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).
25.
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.
26.
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.
27.
Interests of Contractor. The Contractor covenants that it presently has no interest, and shall not acquire any interest—direct, indirect or otherwise—that 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.
28.
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 that 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.
29.
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.
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30.
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. This 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 full 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.
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Section C SPECIAL TERMS AND CONDITIONS 1.
Delivery. Prices quoted for all supplies or equipment to be provided under the terms and conditions of this RFP package shall include delivery charges, to be delivered F.O.B. San Luis Obispo by the successful bidder.
2.
Start and Completion of Work. Work on this project shall begin within one calendar day after contract execution and shall be completed within 150 calendar days thereafter.
3.
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.
4.
Submittal of References. Each bidder shall submit a statement of qualifications and references on the form provided in the RFP package.
5.
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 RFP package.
6.
State Cooperative Purchasing Program. The City of San Luis Obispo participates in the State Cooperative Purchasing Program. As such, the City can purchase the items described in Section A through this program. Accordingly, the City will purchase from the State or the lowest responsible, responsive bidder, after allowing adjustments for the cost of pickup and/or delivery from the State, adjustments for after-market modifications, and adjustments for sales tax from local dealers, as it determines to be in its best interest.
7.
Proposal Content. Your proposal must include the following information: Submittal Forms a. b. c. d.
Proposal summary form. Certificate of insurance. References from at least three firms for whom you have provided similar services. Statement of past contract disqualifications.
Qualifications e. f. g. h.
Experience of your firm in performing similar services. Resumes of the individuals who would be assigned to this project, including any sub-Contractors. Standard hourly billing rates for the assigned staff, including any sub-consultants. Statement and explanation of any instances where your firm has been removed from a project or disqualified from proposing on a project.
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Work Program i. j. k. l. m.
Detailed responses to the technical proposal requirements in Section A. Tentative schedule by phase and task for completing the work. Estimated hours for your staff, coordinating with City staff, to complete the tasks, including any hardware and software acquisitions. Services or data to be provided by the City (City staff will be installing desktop devices.) Any other information that would assist us in making this contract award decision.
Compensation n.
Detailed bill of materials with respective costs for proposed system, to include hardware, software and any engineering services. (See the Proposal Submittal form on page 18).
Proposal Copies o. Nine copies of the proposal must be submitted. 8.
Proposal Evaluation and Selection. Proposals will be evaluated by a staff review committee based on the following criteria: a. b. c. d. e. f. g. h. i. j. k. l. m. n. o. p. q. r. s.
Understanding of the work required by the City. Technical merit and capability. Scalability. System management and maintenance. User interfaces and ease of use. Total cost of ownership. Maintenance packages and alternatives. Equipment migration strategies. Equipment upgrade mechanisms and cost. Training. Known or intended changes to hardware and/or software over the next year. Next generation devices that are commercially shipping within 6 months from date of presentation. Quality, clarity and responsiveness of the proposal. Demonstrated competence and professional qualifications necessary for successfully performing the work required by the City. Recent experience in successfully performing similar services. Proposed approach in completing the work. References. Background and related experience of the specific individuals to be assigned to this project. Proposed compensation.
As reflected above, contract award will not be based solely on price, but on a combination of factors as determined to be in the best interest of the City. After evaluating the proposals and discussing them further with the finalists or the tentatively 18
selected contractor, the City reserves the right to further negotiate the proposed work and/or method and amount of compensation. 9.
Proposal Review and Award Schedule. The following is an outline of the anticipated schedule for proposal review and contract award: a. b. c. d. e. f. g. h. i.
Issue RFP Pre-Proposal Meeting Receive proposals Interviews Proof of Concept Start Proof of Concept End Complete proposal evaluation Finalize staff recommendation Award and execute contract
02/05/14 02/19/14, 1 PM 03/12/14 03/31/14 – 04/04/14 04/14/14 05/14/14 05/30/14 06/06/14 pending DOJ approval
10.
Ownership of Materials. All original drawings plan documents and other materials prepared by or in possession of the Contractor as part of the work or services under these specifications shall become the permanent property of the City, and shall be delivered to the City upon demand.
11.
Release of Reports and Information. Any reports, information, data, or other material given to, prepared by or assembled by the Contractor as part of the work or services under these specifications shall be the property of City and shall not be made available to any individual or organization by the Contractor without the prior written approval of the City.
12.
Copies of Reports and Information. If the City requests additional copies of reports, drawings, specifications, or any other material in addition to what the Contractor is required to furnish in limited quantities as part of the work or services under these specifications, the Contractor shall provide such additional copies as are requested, and City shall compensate the Contractor for the costs of duplicating of such copies at the Contractor’s direct expense.
13.
Required Deliverable Products. following:
The Contractor will be required to provide the
a. Mobile communication gateways. b. System documentation (user guides, administration guides, etc.) submitted in Adobe Acrobat PDF format. c. Training. 15.
Attendance at Meetings and Hearings. As part of the workscope and included in the contract price is attendance by the Contractor at meetings to present and discuss his/her findings and recommendations. The Contractor shall attend as many “working” meetings with staff as necessary in performing workscope tasks.
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16.
Accuracy of Specifications. The specifications for this project are believed by the City to be accurate and to contain no affirmative misrepresentation or any concealment of fact. Bidders are cautioned to undertake an independent analysis of any test results in the specifications, as City does not guaranty the accuracy of its interpretation of test results contained in the specifications package. In preparing its proposal, the bidder and all subcontractors named in its proposal shall bear sole responsibility for proposal preparation errors resulting from any misstatements or omissions in the plans and specifications that could easily have been ascertained by examining either the project site or accurate test data in the City’s possession. Although the effect of ambiguities or defects in the plans and specifications will be as determined by law, any patent ambiguity or defect shall give rise to a duty of bidder to inquire prior to proposal submittal. Failure to so inquire shall cause any such ambiguity or defect to be construed against the bidder. An ambiguity or defect shall be considered patent if it is of such a nature that the bidder, assuming reasonable skill, ability and diligence on its part, knew or should have known of the existence of the ambiguity or defect. Furthermore, failure of the proposer or subcontractors to notify City in writing of specification or plan defects or ambiguities prior to proposal submittal shall waive any right to assert said defects or ambiguities subsequent to submittal of the proposal. To the extent that these specifications constitute performance specifications, the City shall not be liable for costs incurred by the successful proposer to achieve the project’s objective or standard beyond the amounts provided therefore in the proposal. In the event that, after awarding the contract, any dispute arises as a result of any actual or alleged ambiguity or defect in the plans and/or specifications, or any other matter whatsoever, Contractor shall immediately notify the City in writing, and the Contractor and all subcontractors shall continue to perform, irrespective of whether or not the ambiguity or defect is major, material, minor or trivial, and irrespective of whether or not a change order, time extension, or additional compensation has been granted by City. Failure to provide the hereinbefore described written notice within one (1) working day of contractor’s becoming aware of the facts giving rise to the dispute shall constitute a waiver of the right to assert the causative role of the defect or ambiguity in the plans or specifications concerning the dispute.
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Section D FORM OF AGREEMENT AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on [day, date, year] by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and [CONTRACTOR’S NAME], hereinafter referred to as Contractor.
W I T N E S S E T H:
WHEREAS, on
DATE City requested proposals for mobile communication gateways per Specification No
91273 .
WHEREAS, pursuant to said request, Contractor submitted a proposal that was accepted by City for said services.
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 this Agreement is made and entered, as first
written above, until acceptance or completion of services.
2.
INCORPORATION BY REFERENCE. City Specification No. 91273 and Contractor's proposal dated
, are hereby incorporated in and made a part of this Agreement. To the extent that the terms and conditions of the Contractor’s proposal conflict with the terms and conditions of this Agreement and/or the City’s Specifications, the City’s provisions shall prevail, unless expressly agreed otherwise in writing signed by both parties.
3.
CITY'S OBLIGATIONS. For providing mobile communication gateways, and software services as
specified in this Agreement, City will pay and Contractor shall receive therefore compensation in a total sum not to exceed [$
4.
.00 ].
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 do everything required by this Agreement and the said specification.
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 Council of the City.
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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:
8.
City
City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401
Contractor
Name Address
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.
ATTEST:
CITY OF SAN LUIS OBISPO
________________________________ City Clerk
By:_____________________________________ City Manager, Katie Lichtig
APPROVED AS TO FORM:
CONTRACTOR
________________________________ City Attorney, Christine Dietrick
By: _____________________________________
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Section E INSURANCE REQUIREMENTS: Consultant Services 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 performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1.
Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
2.
Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).
3.
Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
4.
Errors and Omissions Liability insurance as appropriate to the consultant's profession.
Minimum Limits of Insurance. Contractor shall maintain limits no less than: 1.
General Liability: $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.
2.
Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3.
Employer's Liability: $1,000,000 per accident for bodily injury or disease.
4.
Errors and Omissions Liability: $1,000,000 per occurrence.
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 and automobile liability policies are 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: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, official, employees, agents or volunteers.
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2.
For any claims related to this project, 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.
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.
4.
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 A:VII. Verification of Coverage. Contractor shall furnish the City with a certificate of insurance showing maintenance of the required insurance coverage. Original endorsements effecting general liability and automobile liability coverage required by this clause must also be provided. 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.
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PROPOSAL SUMMARY FORM The undersigned declares that she or he:
Has carefully examined Specification No. 91273, 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: __________________. Technical proposal documentation attached.
Description
Quantity
Unit Price
Total
Mobile Communication Gateways
Training Maintenance and Support
Discounts: special pricing, etc. Sales tax @ 8.00% Shipping and Handling TOTAL BASE PRICE
$
TOTAL
Firm Name and Address
Contact
Phone
Signature of Authorized Representative
Date
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REFERENCES Number of years engaged in providing the services included within the scope of the specifications under the present business name or by the principal assigned to this engagement: _______________years. Describe fully the last three contracts performed by your firm or the principal assigned to this engagement which demonstrates 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
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STATEMENT OF PAST CONTRACT DISQUALIFICATIONS The Contractor 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 proposing 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 Contractor
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