HomeMy WebLinkAbout1999-094 Contract - SigCorpCITY OF ASHLAND
REQUEST FOR PROPOSALS (RFP)
DATE OF THIS RFP: January 27, 1999
1. PURPOSE OF RFP. The City of Ashland is requesting proposals from qualified
persons to provide Broadband HFC equipment as described on the attached
documents entitled, "RFP for HFC Specifications." This Request for Proposals (RFP)
is intended to provide interested persons with sufficient information to prepare and
submit proposals for consideration by the city. It is the city's intent to select the most
advantageous proposal based on the evaluation criteria stated in this RFP. The city
reserves the right to reject any and all proposals.
2. CONTACT PERSON AND DEPARTMENT. Offerors are cautioned not to make
any assumptions as to the implied meaning or intent of any part of the RFP. Offerors
should request clarification if needed. Every request for information on, or clarification
of the RFP, must be submitted to Pete Lovrovich, Director of Ashland Public Utilities,
90 North Mountain ,Ashland, Oregon 97520 in writing at least ten days prior to the
date set for the opening of proposals.
3. COMPLAINT PROCESS. Any prospective offeror who contends that the provisions
of this RFP or any aspect of the procurement process will encourage favoritism in the
award of the contract for services, or substantially diminish competition, must file a
written protest to the RFP at least ten days prior to the date set for the opening of
proposals. Failure to file a protest will be deemed a waiver of any claim by an offeror
that the procurement process violates any provision of ORS Chapter 279 or the City
of Ashland Local Contract Review Board Rules.
4. ADDENDA. The provisions of this RFP cannot be modified by oral interpretations
or statements. If inquiries or comments by offerors raise issues that require
clarification by the city, or the city decides to revise any part of this RFP, addenda will
be provided to all persons who receive the RFP. Receipt of an addendum must be
acknowledged by signing and returning it with the proposal.
5. CONTRACT The offeror selected by the city will be expected to enter into a written
contract in the form attached to this RFP. The proposal should indicate acceptance of
the city's contract provisions or suggest reasonable alternatives that do not
substantially impair the city's rights under the contract. If inclusion of any of the city's
contract provisions will result in higher costs for the services, such costs must be
specifically identified in the proposal. Unconditional refusal to accept the contract
provisions proposed by city without offering acceptable alternatives may result in the
disqualification of the offeror or a less favorable evaluation of its proposal.
PAGE 1-REQUEST FOR PROPOSALS
6_ SUBMISSION OF PROPOSALS
6.1. In order to be considered, sealed proposals must be delivered to the
address specified in the this RFP and must be entitled "Proposal for Broadband HFC
Equipment" before the time and date specified in this RFP. Offerors who mail
proposals should allow extra mail delivery time to ensure timely receipt of their
proposals. Proposals received after the specified time and date cannot be
considered, and will be returned unopened to the offeror.
6.2. Proposals shall be submitted in sealed packages or envelopes and clearly
identified on the exterior of the envelope or package as noted in the above special
information table.
6.3. The city will not pay for any costs incurred by offerors in the preparation,
submission and presentation of their proposals.
6.4. Proposals received in response to this RFP will be opened at the time and
date specified. Offerors who wish to be present at the time will be informed of the
number and names of offerors. No other information will be made available at that
time.
7. Wi~;HDRAWAL OF PROPOSALS Any proposal may be withdrawn by delivering a
written request to person named in paragraph 3 above at any time prior to the time set
for opening proposals. The request shall be executed by a duly authorized
representative of the offeror.
PAGE 2-REQUEST FOR PROPOSALS
Request For Proposal
for
HFC Outside Video and Data Cable Plant
Provide all required equipment to allow the distribution of video through a bi-directional HFC
Network. Provide proposal design upon attached Node map. The proposed system consists
of twenty five (25) nodes typical in size and subscriber count. System consists of approximately
one hundred and ten (110) miles of coaxial plant. Provide a cost, per node, as per your
proposed design. Performance guarantees are to be provided. All equipment to be Y2K
compliant.
Section #1 - Instructions to Proposers
Form and Style
RFPs shall be submitted as provided within this RFP document ONLY!
To facilitate consideration of their proposals, vendors are to submit three
(3) complete printed response packages. Vendors must also provide a
copy of their responses on a 3.5" computer diskette in Microsoff Word
for Windows, version 6, format.
Supporting explanatory information may be submitted and will be
reviewed. Supporting information should be attached to the printed
response packages and annotated with the section to which it supports.
All blanks on the RFP form are to be filled in.
March 5, 1999
Addressed to: Pete Lovrovich, Director of Ashland Public Utilities,
90 North Mountain ,Ashland, Oregon 97520
Interlineation, alterations and erasures must be initialed by the signer of the RFP.
Section #2 - Vendors proposals
In order to be considered, vendors must submit a complete response to
this RFP following the outline of the requirements provided. Distribution
of the proposals to parties other than those specifically designated is
subject to our approval. Failure to observe this requirement may result
in vendor disqualification.
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Section #3 - Right to Reject or Modify
Selection of the winning vendor's proposal does not mean that all aspects of the proposal
are acceptable. We retain the right to modify the terms and conditions in the proposal or
reject terms and conditions proposed by the vendor prior to the execution of the contract
as we deem necessary to ensure a satisfactory procurement. We may, by written notice
stating the extent and effective date, cancd and/or terminate any order resulting from this
solicitation for cause in whole or in part, at any time.
Section #4 - Vendor Corporate Overview
A: State core business, mission and vision statements.
B: Describe your organization and how it is structured. Organization charts are
helpful supplements to your explanations.
'"C: Location that will support this project:
D: Describe what differentiates your product from your competition.
E: Describe how your solution might help reduce costs and/or provide
greater value compared to other solutions.
Section #5 - References
Provide three references using the proposed equipment.
Please provide the following for each reference.
Reference I
A: Company name:
B: Company Address:
C: Brief description of company, products, and industry serviced:
D: Contact name, position, and Eraall address
E: Products installed:
Reference II
A: Company name:
B: Company Address:
C: Brief description of company, products, and industry serviced:
D: Contact name, position, and Eraall address
E: Products installed:
Reference III
A:
B:
-.C:
D:
E:
Company name:
Company Address:
Brief description of company, products, and industry serviced:
Contact name, position, and Email address
Products installed:
Section #6 - Price Quotation
All quotations for prices of products or services stated in the vendor's proposal
shall be fixed from the date on which the proposal is submitted by the vendor
for a period of one hundred and twenty (120) days.
All prices quoted shall be F.O.B. Destination, Freight Prepaid.
Definition of F.O.B. Destination, freight prepaid:
Seller pays freight charges.
Seller bears freight charges.
Seller owns goods in transit.
Seller files claims, if any.
Title passes to buyer at destination.
Part #
Equipment
List Price
Discount Price
Section #7 - Warranty
List any components used in your solution, that are warranted, and indicate what the
warranty period is for each of those components.
Section #8 - Explanation of support plan(s) available
Provide a total explanation of your companies Support Plan(s).
Section #9 - Training Requirements and Costs
Provide any options in respect to training and associated costs.
Section #10 - Evaluation of Proposals
10. 1 Proposals which do not contain all information required by this RFP or are
otherwise non-responsive may be rejected immediately.
10.2 The city reserves the right to waive irregularities or deficiencies in a proposal if
the city determines that waiver is in the best interests of the city.
10.3
The city may request supplemental written information from an offeror
concerning the offeror's ability to perform the services. If an offeror fails to
provide supplemental information within the time stated in the request, the city
may refuse to consider the offeror's proposal.
10.4
The city may request an interview with any offeror. If a proposal is unclear, or
appears inadequate, the offeror may be given an opportunity in the interview to
explain how the proposal complies with this RFP.
10.5
The city reserves the right to make such investigation it deems appropriate to
determine whether an offeror is qualified to provide the services. If an offeror
fails to cooperate with an investigation, or if an offeror provides false,
misleading or incomplete information, the city may refuse to consider the
offeror's proposal.
10.6
In cases of doubt or differences of opinion concerning the interpretation of this
RFP, the city reserves the exclusive right to determine the intent, purpose and
meaning of any provision in this RFP.
10.7 The following criteria will be applied in the evaluation process:
10.7.1
Proposals that accept the city's contract provisions, or propose
alternatives that are acceptable to the city, will be awarded the
appropriate point values. A maximum of 10 points may be awarded
under this subsection.
10.7.2
The general experience and qualifications of the offeror, including
experience in providing the type of services, equipment and systems
that are covered by this RFP, will be evaluated. A maximum of 40
points may be awarded under this subsection.
10.7.3 The ability of the offeror to provide services, equipment and installation
promptly and efficiently as needed by the city. A maximum of 25 points
may be awarded under this subsection.
10.7.4 The cost of services, equipment and systems to be provided, including
all reports, documents and warranties required to be provided. A
maximum of 25 points may be awarded under this subsection.
10.8
The total points awarded to each proposal will be tabulated and the offerors
shall be ranked accordingly. A contract with the offeror deemed to be most
qualified will then be negotiated. If negotiations with the offeror who is ranked
highest are unsuccessful, the city may proceed to the next most qualified, and
so on, until a contract is successfully negotiated.
10.9
The persons evaluating the proposals will submit a written report on the
evaluation process and a recommendation on selection of a contractor to the
City Director of Ashland Public Utilities, who will make the final decision on
award of a contract. The contractor selected by the city and all other offerors
will be notified of the city's selection. Final award will depend upon the
execution of an acceptable contract. Award of the contract may be withdrawn
if the contract is not signed within 7 days of the date of award.
CONTRACT
Contract made on the date specified below in Recital A between the City and
Contractor as follows:
Recitals:
A. The following information applies to this contract:
CITY: CITY OF ASHLAND
City Hall
20 East Main Street
Ashland, Oregon 97520
(541) 488-5357
FAX: (541) 488-5320
Date of this agreement: June 3, 1999
Contractor: $igCorp Communications
Address: 20 NW Fourth Street
Evansville, Indiana 47708
Telephone: (812) 4644668
FAX: (812) 461-3349
¶B: RFP date: January 27, 1999
Proposal date: March 5, 1999
¶2.2. Contracting officer: John DiDomizio
¶2.4. Project: AFN Broadband HFC Equipment
¶6.1. Contractors representative: Tim Lillpop
¶8.3. Maximum contract amount: Per RFP Response
B. On the date noted above, City issued a request for proposals (RFP) for the project
described above. Contractor submitted a proposal in response to the RFP on the date
noted above.
C. After reviewing Contractor's proposal and proposals submitted by other offerors,
City selected Contractor to provide the services covered by the RFP.
City and Contractor agree as follows:
1. Relationship between City and Contractor: Contractor accepts the relationship of
trust and confidence established between Contractor and City by this contract.
Contractor covenants with the City to perform services and duties in conformance to
and consistent with the standards generally recognized as being employed by
professionals of Contractor's caliber in the locality of the project. Contractor furlher
covenants to cooperate with City, City's representatives, contractors, and other
interested padies in furthering the interests of City with respect to the project.
2. Definitions: Generally words, terms and phrases used in this contract shall have the
meaning ascribed to them in the construction industry, unless the context clearly
indicates otherwise. As used in this contract:
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2,1. "City" means the City of Ashland, Oregon.
2.2. "Contracting officer" means the person specified in Recital A above or that
persoWs designee.
2.3. "Project" means the project described in Recital A.
2.4. "Work" or "Services" shall mean all labor, materials, plans, specifications,
opinions, reports, and other services and products which Contractor is required to
provide under this contract.
3. Term: The term of this contract shall commence on the date specified in Recital A
above and end on completion of the project unless sooner terminated as provided in
this contract.
4. Authority of Contracting Officer: The contracting officer shall have the authority to
act on behalf of City in the administration and interpretation of this contract. The
contracting officer shall have complete authority to authorize services, transmit
instrU..c, tions, receive information, interpret and define City's policies and make other
decisions with respect to Contractor's performance.
5. C~ntractor Performance: Contractor shall at its own risk and expense, perform the
work described above and, unless otherwise specified, furnish all labor, equipment
and materials required for the proper performance of such work.
5.1. In connection with the work described in the RFP, Contractor shall:
5.1.1. Consult appropriate representatives of City to clarify and
define City's requirements relative to the project.
5.1.2. Review available data relative to the project.
5.1.3. Identify data which is not available and is needed to fulfill
the services, and act as City's representative in obtaining such data.
5.1.4. Prepare monthly progress reports to the contracting Officer
on the status of the project.
5.1.5. Cooperate with other Contractors retained by City in the
exchange of information needed for completion of the services and the
project.
5.2. Contractor shall commence performance of services within five days after
receiving written authorization from the contracting officer for work described in the
RFP. Contractor shall perform the services as expeditiously as is consistent with
professional skill and care and the orderly progress of the project. Upon request of
City, Contractor shall submit for City's approval, a schedule for the performance of
work elements described in the RFP. Each schedule shall include allowance for
periods of time required for City°s review and approval of Contractor's services. Each
schedule, approved by City, shall become a part of this contract.
5.3. Contractor shall perform the services as an independent contractor in
accordance with generally accepted standards in Contractor's profession. Contractor
shall be responsible for the professional quality, technical accuracy and the
coordination of all services performed by Contractor. Contractor shall, without
additional compensation, correct or revise any error or deficiencies in the services
that are caused by Contractor's negligence. City's review, approval, acceptance of, or
payment for, any of the services shall not be construed to waive any of City's rights
under this contract or of any cause of action arising out of Contractor's services. In
the event of any breach of this contract by Contractor or negligent performance of any
of the services, City's cause of action against Contractor shall not be deemed to
accrue until City discovers such breach or negligence, or should have, with
reasonable diligence, discovered such breach or negligence. The preceding sentence
shall not be construed, however, to allow City to prosecute an action against
Contractor beyond the maximum time limitation provided by Oregon law.
6. Assignment of Contractor's Personnel:
6.1. The services covered by this contract shall be rendered by, or under the
supervision of the person specified in Recital A above, who shall act as Contractor's
representative in all communications and transactions with City.
6.2. Contractor will endeavor to honor reasonable specific requests of City with
regard to assignment of Contractor's employees to perform services if the requests
are consistent with sound business and professional practices.
7. Responsibilities of City:
7.1. City will cooperate fully with Contractor to achieve the objectives of this
contract.
7.2. City will provide information, documents, materials and services that are
within the possession or control of City and are required by Contractor for
performance of the services.
7.3. City will arrange for access to, and make all provisions for Contractor to
enter upon, public and private property as required for Contractor to perform the
services.
7.4. City will provide all permits necessary for completion of the project.
7.5. The contracting officer will act as liaison between City, Contractor, public
agencies, and others involved in the project.
8 Payment:
8.1. City shall pay Contractor for services and reimburse Contractor for
expenses incurred by Contractor in performance of services in accordance with a
payment schedule to be submitted by Contractor and accepted by City. No
reimbursement will be made for expenses that are not specifically itemized in this
payment schedule without prior approval by the contracting officer.
8.2. Contractor shall submit monthly invoices to City for Contractor's services
within ten days after the end of the month covered by the invoice.
8.3. Total payments under this contract or any amendments shall not exceed
the sum specified in Recital A above.
9. Compliance with Law:
9.1. This contract will be governed by and construed in accordance with laws of
the S.tate of Oregon. Contractor shall promptly observe and comply with all present
and future laws, orders, regulations, rules and ordinances of federal, state, City and
city 'governments with respect to the services including, but not limited to, provisions
of ORS 279.312, 279.314, 279.316 and 279.320.
9.2. Pursuant to ORS 279.316(2) any person employed by Contractor who
performs work under this contract shall be paid at least time and a half pay for all
overtime in excess of 40 hours in any one week, except for persons who are
excluded or exempt from overtime pay under ORS 653.010 to 653.261 or under 29
U.S.C. Sections 201 to 209.
9.3. Contractor is a "subject employer" as defined in ORS 656.005 and shall
comply with ORS 656.017. Prior to commencing any work, Contractor shall certify to
City that Contractor has workers' compensation coverage required by ORS Chapter
656. If Contractor is a carrier insured employer, Contractor shall provide City with a
certificate of insurance. If Contractor is a self-insured employer, Contractor shall
provide City with a certification from the Oregon Department of Insurance and
Finance as evidence of Contractor's status.
10. Ownership of Documents: All documents prepared by Contractor pursuant to this
contract shall be the property of City. To the extent permitted by law, City shall, within
the limits of the Oregon Tort Claims Act, defend, indemnify and hold harmless
Contractor, its Contractors, agents and employees against all damages, claims,
expenses and losses arising out of any reuse of plans, specifications and other
documents prepared by Contractor without prior written authorization of Contractor.
11. Records:
11.1. Contractor shall develop and maintain complete books of account and
other records on the services which are adequate for evaluating Contractor's
performance. Contractor shall maintain records in such a manner as to provide a
clear distinction between the expenditures and revenues related to the project and the
expenditures and revenues related to Contractor's other business.
11.2. Contractor's books and records shall be made available for inspection by
City at reasonable times, to verify Contractor's compliance with this contract. City
shall have the right to request an audit of Contractor's books and records by a
certified public accountant retained by City.
12. Indemnification: Contractor shall defend, indemnify and save City, its officers,
agents, and employees harmless from any and all claims, actions, costs, judgments,
damages or other expenses resulting from injury to any person (including injury
resulting in death,) or damage to property (including loss or destruction), of
whatsoever nature arising out of or incident to the negligent performance of this
contract by Contractor (including but not limited to, the negligent acts or omissions of
Contractor's employees, agents, and others designated by Contractor to perform
work .~ar services attendant to this contract). Contractor shall not be held responsible
for any claims, actions, costs, judgments, damages or other expenses, directly and
proximately caused by the negligence of City.
13. Insurance:
13.1. Contractor shall, at its own expense, at all times during the term of this
contract, maintain in force:
13.1.1. A comprehensive general liability policy including
coverage for contractual liability for obligations assumed under this
contract, blanket contractual liability, products and completed operations
and owner's and contractor's protective insurance;
13.1.2. A professional errors and omissions liability policy; and
13.1.3. A comprehensive automobile liability policy including
owned and non-owned automobiles.
13.2. The coverage under each liability insurance policy shall be equal to or
greater than the limits for claims made under the Oregon Tort Claims Act with
minimum coverage of $500,000 per occurrence (combined single limit for bodily injury
and property damage claims) or $500,000 per occurrence for bodily injury and
$100,000 per occurrence for property damage.
! 3,3. Liability coverage shall be provided on an "occurrence" basis. "Claims
made" coverage will not be acceptable, except for the coverage required by
subsection 13.1.2.
13.4. Certificates of insurance acceptable to the City shall be filed with City
prior to the commencement of any work by Contractor. Each certificate shall state that
coverage afforded under the policy cannot be canceled or reduced in coverage
cannot be made until at least 30 days prior written notice has been given to City. A
certificate which states merely that the issuing company "will endeavor to mail" written
notice is unacceptable.
14. Default:
14.1. There shall be a default under this contract if either party fails to perform
any act or obligation required by this contract within ten days after the other party
gives written notice specifying the nature of the breach with reasonable particularity. If
the breach specified in the notice is of such a nature that it cannot be completely
cured within the ten day period, no default shall occur if the party receiving the notice
begins performance of the act or obligation within the ten day period and thereafter
proceeds with reasonable diligence and in good faith to effect the remedy as soon as
practicable.
14.2. Notwithstanding subsection 14.1, either party may declare a default by
written notice to the other party, without allowing an opportunity to cure, if the other
party repeatedly breaches the terms of this contract.
14.3. If a default occurs, the party injured by the default may elect to terminate
this contract and pursue any equitable or legal rights and remedies available under
Oregon law. All remedies shall be cumulative.
14.4. Any litigation arising out of this contract shall be conducted in Circuit
Court or District Court of the State of Oregon for Jackson County.
15. Termination without Cause:
15.1. In addition to the right to terminate this contract under subsection 8.4 or
subsection 14.3, City may terminate by giving Contractor written notice sixty days
prior to the termination date.
15.2. In addition to the right to terminate this contract under subsection 14.3,
Contractor may complete such analyses and records as may be necessary to place
its files in order and, where considered necessary to protect its professional
reputation, to complete a report on the services performed to date of termination.
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15.3. If City terminates the contract under subsection 15.2, Contractor shall be
paid for all fees earned and costs incurred prior to the termination date. Contractor
shall not be entitled to compensated for lost profits.
16. Notices: Any notice required to be given under this contract or any notice required
to be given by law shall be in writing and may be given by personal delivery or by
registered or certified mail, or by any other manner prescribed by law.
16.1. Notices to City shall be addressed to the contracting officer at the
address provided for the City in Recital A above.
16.2. Notices to Contractor shall be addressed to the Contractor's
representative at the address provided for the Contractor in Recital A above.
17. Assi.qnment: City and Contractor and the respective successors, administrators,
assigns and legal representatives of each are bound by this contract to the other party
and to the partners, successors, administrators, assigns and legal representatives of
the other party. Contractor shall not assign or subcontract Contractor's rights or
obligations under this contract without prior written consent of City. Except as stated
in this section, nothing in this contract shall be construed to give any rights or benefits
to anyone other than City and Contractor.
18. Modification: No modification of this contract shall be valid unless in writing and
signed by the parties.
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