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HomeMy WebLinkAbout1996-100 Agrmt - MotorolaMOTOROLA Communications and Electronics Inc. Address Reply to: 220 - 120 Ave. N.E. Suite 102 Bellevue, WA 98005 (206) 646-0300 June 18,1996 Ashland Sewice Center 90 N. Mountain Avenue Ashland, OR 97520 Attention: Purchasing Agent Motorola Communications and Electronics is pleased to respond to the City of Ashland Bid no. 102-96 for Maintenance of Radio Communications Equipment. Motorola has attached "Addendum A" to clarify and add specific clauses per Motorola Corporate directives with regards to liability and indemnification. In Addition to "Addendum A" Motorola offers the following responses to specification paragraph numbers 8,9,14 and 17. 8.1 Removal of Front Mount Remote Mount $ 30.00 $ 40.00 8.2 Installation of mobile radio systems in vehicles Front Mount Remote Mount $ 90.00 $105.00 8.3 Removal from one vehicle and installation in another Mobile radio systems Front Mount Remote Mount Vehicular portable radio chargers or convertacoms Emergency light bars Electronic siren / pa system vehicle: $120.00 $145.00 $ 75.OO To be qu~ed To be quoted 8.4 Removal and reinstallation of Police Department Motorola Syntodsystems 90 remote siren mobile radio package $225.00 9.1 thru 9.8 Non-contract maintenance work $ 62.00 per hour 14 MOTOROLA City of Ashland June 18, 1996 Bid No. 102-96 Page - 2 Engineering work samples of coverage studies and maps are attached. Engineering work can be arranged by contacting Mark Hall of Motorola at (541) 722-2814. Motorola Field Technical Representative assistance can also be arranged to assist local service with difficult service problems by ciontacting Mark as well. Any in-depth engineering or interference studies may require additional fees. 17. Names of FCC licensed personnel Ken Green Nell Smith Jeff Statchwich Manager Technician Technician Total Monthly Amount (based on attached equipment list) $963.00 / mo. Motorola meets the requirements as a local bidder. Motorola maintains offices at 4900 S.W. Meadows Road, Suite 220, Lake Oswego, OR 97035. Thank you for the opportunity to respond to your Invitation to Bid No. 102-96. We look forward to continuing to service the City of Ashland communications equipment. If you have any questions please feel free to give me a call at (206)- 646-0316. Sincerely, James Disney Customer Service Manager MOTOROLA Communications and Electronics Inc. July'01, 1996 Address Heply to: 220 - 120 Ave. N.E Suite 102 Rellev(~.. WA 9815~r, (:>06) 64~-0:~,00 Mr. Don Paul Assistant Chief/Fire Marshall Ashland Fire Department 455 Siskiyou Boulevard Ashland, OR 97520 Dear Don: This letter is to present pricing for additional units to be added to the Radio Maintenance contract for the City of Ashland per your faxed memo. Public Works · 000215 , Police 710700B Base Station 17.00 ,002728 01442BXL Parking · 0t38t 703800B Chief Brown 6.00 · 076~53 01340B Blazer 8.O0 · 671AUQO031 T83GXA7HA9AK 277 6.00 ,~ 9091572 70145 Chief Port 5.00 · 369378 70-385B Station 2 17.00 911 2 Bay Moducom Console 100.00 201CFJ0789 C53R'I'B1105D SC Fire Base 17,00 221ASS0223 T83FWA7HASAK EOC Station 17.00 TOTAL 197-00 The pricing is taken from the bid for similar equipment. The price on the Muducom Console is $50 per position. Please send the P.O. to me as soon as possible along with the signed contract documents so I can get them processed and into the system. ~ Sincerelye,.-/. Customer ~;ervice Manager 1~01 E. Algonquin I~d.. ,..)ch,o. ur~t)L),O. Illinr>is ~;01gG (708) 397.1000 CITY OF ASHLAND CONTRACT FOR MAINTENANCE OF THE CITY RADIO COMMUNICA'flON NETWORK Contract made this [ S~/- day of ~-~.~ , 1996, between the City of Ashland ("City") and J~n'~,:~, ^ I -~..~O. ("C(Sntractor"). City and Contractor agree: 1. Oontract Documents: This contract is made as a result of an Invitation to Bid issued by City entitled "INVITATION TO BID" for a City of Ashland ~ ~1 c~ J~ ~ I Ft 1-~-JU/3 ~c ~ , Bid No.ioZ-~/~;ontractor was awarded the bid as the lowest responsible bidder on ~'..1~|~ In the event of any Inconsistencies in the terms of this contract, the contract dobdments defined in the invitation to bid and Contractor's bid, this contract shall take precedence over the contract documents which shall take precedence over the bid. 2. Scope: Contractor shall produce and deliver the equipment described in the contract documents within the time prescribed in the contract documents. The following exceptions, alterations or modifications to the contract documents are incorporated into this contract: 3. Price and P~Lvment: City shall pay Contractor the sum of $ J J/oo/i140&Tl~for the maintenance of the City radio communication network. CONTRACTOR CiTY OF ASHLAND BY Its Jill T Director of Finance BY REV ./IJ~E~ AS '~NTEN/~: BY.' r~'~"'/~'~'-~ ~ Department Head Coding City Attorney Date PAGE 1-CONTRACT whose address is: City, State & Zip: CITY OF ASHLAND City Hall 20 E. Main Street Ashland, Oregon 97520 BID FORM - MAINTENANCE OF THE CITY RADIO COMMUNICATION NETWORK FOR ~DIO ~>,INT[UANCE I, the undersigned, an authorized representative of the bidder whose name is: Motorola, Inc. 1301 East Algonquin_ Road Schaumburg, Illinois 60196 Phone NO.: (847) 576-5000 FAX No. (847) 538-0778 have read and thoroughly understand the contract documents including the invitation to bid, general conditions, special conditions, specifications, and all other conditions of the invitation for bids issued by the City of Ashland for Bid #102-96 Acting on behalf of the bidder which is listed above, I do attest that the parts and services offered by this bidder meets the Ctty's specifications in every respect except those described on the attached list of exceptions. This bid is set forth as required by the specifications and is attached to this bid form. TI3e bidder is x or is not a resident bidder as defined in ORS 279.029. Motorola, Inc. (Firm Name) Title: ~./~. Date: PAGE 1-BID FORM g~ 39Vd i3NSIO NIF 21l~6E8985 §£:G0 9661/01/90 MOTOROLA Con tracts Department June 26, 1996 Via Federal Express Mr. Don Paul Ashland Fire Department 455 Siskiyou Blvd. Ashland, OR 97520 Re: Revised Addendum A to Motorola's Proposal to Bid No. 102-96 Dear Don: Enclosed please find Motorola's revised Addendum A to the City of Ashland's Invitation to Bid No. 102-96. The revised Addendum A includes those changes agreed upon with Paul Nolte, City of Ashland Attorney. This revised Addendum A supersedes all previous versions. I am also forwarding a copy of the revised Addendum to the City of Ashland's Purchasing Department. If you have any questions, please feel free to call me at (847) 576-0673. Very trul~~_ ~ Angela Im Contracts and Compliance Manager Enclosure cc: City of Ashland Purchasing Department (w/enclosure) Jim Disney, Motorola Service Manager (w/enclosure) Motor;da l,and Mobile Products Sector 1301 !£. Algonquin Rd.. Schaumburg, Illinois 60196 Ph. (708) 576-3034 Fax [708) 576-4596 ADDENDUM A Exceptions, Clarifications and Additions to City of Ashland Invitation to Bid No. 102-96 revised 6/25/96 City of Ashland, Contract for Maintenance Paragraph 2 (page 1 Contract): This Addendum A which includes exceptions, alterations, and modifications to the contract documents is expressly incorporated into the Contract for Maintenance of the City Radio Communication Network (the "Contract"). General Conditions Paragraph 1.1 (page 1-General Conditions): Motorola agrees to Paragraph 1.1 subject to the clarification that, pursuant to Paragraph 2 of the Contract, this Addendum A will be incorporated into the Contract, and, pursuant to Paragraph 1 of the Contract, take precedence over other contract documents. Paragraph 6.1 (page 2-General Conditions): Motorola agrees to Paragraph 6.1 subject to the addition of the word "applicable" before "federal" and before "Oregon." Paragraph 10 (page 3-General Conditions): Motorola agrees to Paragraph 10 subject to the clarification that Motorola has the right to subcontract in whole or in part the performance called for by the Contract. Paragraph 11 (page 3-General Conditions): Motorola does not agree to Paragraph 11 and requires that the following language be added in lieu of the existing language: Motorola agrees to and hereby indemnifies Customer from all liabilities which may accrue against Customer on account of property damage or personal injury when such damage or injury is caused solely by Motorola's negligence, wilful acts or omissions, or that of its employees, subcontractors, or agents while on the Customer's premises during the delivery, installation, or servicing of the communications equipment pursuant to the Agreement. IN NO EVENT WILL MOTOROLA BE LIABLE FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES. Specifications Paragraph 22 (page 5-Specifications): Motorola agrees to Paragraph 22 except that nothing contained herein authorizes the City to access facilities or records of Motorola which contain confidential or proprietary information regarding product and service costs and/or pricing. Additional Terms Limitation of Liability Notwithstanding any provision to the contrary, Motorola's total liability whether for breach of contract, warranty, negligence, strict liability in tort or otherwise, is limited to the price of twelve (12) months of services under the Agreement, except where damage or injury is caused by Motorola's sole negligence and in that case Motorola's total liability will be limited to $500,000. IN NO EVENT WILL MOTOROLA BE LIABLE FOR ANY LOSS OF USE, LOSS OF TIME, INCONVENIENCE, COMMERCIAL LOSS, LOST PROFITS OR SAVINGS, OR OTHER INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES. No action may be brought for any breach of this contract more than one (1) year after the accrual of such cause of action except for money due upon account. Warranty Limitation EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, MOTOROLA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. Ownership of Intellectual Property Notwithstanding anything to the contrary, Motorola does not agree to any terms that allow the Purchaser to claim any intellectual property rights including that in any way related to the products sold or work performed by Motorola. Nothing contained in the Agreement will be deemed to grant, either directly or by implication, estoppel, or otherwise, any ownership right or license under any Motorola patents or patent applications. Excusable Default Motorola will not be responsible for delays or lack of performance resulting from acts beyond Motorola's reasonable control. Such acts include, but are not limited to, acts of God, fire, strikes, material shortages, riots, and acts of war. CITY OF ASHLAND City Hall 20 E. Main Street Ashland, Oregon 97520 GENERAL CONDITIONS FOR MAINTENANCE OF CITY'S RADIO COMMUNICATIONS NETWORK 1. Contract Documents: 1.1. The contract documents are complementary. A requirement in one of the contract documents is as binding as though occurring in all. In the event of any inconsistency in the terms of the contract documents the following order of precedence shall govern unless otherwise stated: 1.1.1. 1.1.2. 1.1.3. 1.1.4. Specifications. These general conditions. The invitation to bid. The bid. 1.2. The apparent silence of the contract documents as to any detail shall be regarded as meaning that only the best practice is to prevail and that only goods and services of first quality are to be provided by bidder. 2. New Goods: All parts used to repair or replace equipment shall be new unless otherwise specified in the specifications. Bidder shall guarantee that all parts provided under this contract shall perform as if they are new and each part shall be warranted as if new. 3. Payment: Payment for purchases, service and/or maintenance shall be made by City warrant within thirty days after City has inspected the goods or has had a reasonable opportunity to do so. City may reserve payment until all goods covered by a purchase order are received. 4. Risk of Loss: Bidder shall have the risk of loss while the equipment is in possession of Bidder until the equipment has been delivered to City's facility and are approved after inspection by City. 5. Insurance: Bidder shall, at its own expense, at all times during the term of this agreement, maintain in force a policy or policies for "commercial general" or "comprehensive general" liability and comprehensive automobile liability including PAGE 1-GENERAL CONDITIONS (p:rfp\radio2-g,con) owned and non-owned automobiles which may be used in the course of performing any work under this agreement. The liability under each policy shall be a minimum 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. Liability coverage shall be provided on an "occurrence" not "claims" basis. The City of Ashland, its officers, employees and agents shall be named as additional insureds. Certificates of insurance acceptable to the City shall be filed with City's Risk Manager prior to the commencement of any services by Bidder under this agreement. These certificates shall contain provision that coverages afforded under the policies cannot be canceled and restrictive modifications 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 unacceptabie. 6. Safety and Health Requirements: 6.1. Parts and services supplied shall comply with all federal Occupational Health and Safety (OSHA) requirements and with all Oregon safety and health statutes and administrative rules including, but not limited to, those of the Worker's Compensation Department. 6.2. All "Material Safety Data Sheets" for hazardous chemicals that are subject to ORS 654.750 and OAR Chapter 435, Division 155 shall be submitted to City before the chemicals are delivered. 7. Compliance with Law: This agreement will be governed by and construed in accordance with laws of the State of Oregon. Each party agrees that it will perform its obligations hereunder in accordance with all applicable state, federal and local laws, rules and regulations now, or hereafter in effect. Bidder shall comply with applicable provisions of ORS 279.312, 279.314, 279.316 and 279.320. bidder is a "subject employer" as defined in ORS 656.005. Bidder shall comply with all applicable workers' compensation laws including, but not limited to ORS 656.017. 8. Severability: If any provision of the contract documents shall be held to be invalid or unenforceable, such invalidity or unenforceability shall not affect any other provision of the contract documents. The contract documents shall be construed as if such invalid or unenforceable provision had never been included. 9. No Waiver: No provision of the contract documents shall be deemed waived unless such waiver is in writing and signed by the party claimed to have waived its rights. Any waiver of a breach by any party, whether expressed or implied, shall not constitute waiver of any other different or subsequent breach. PAGE 2-GENERAL CONDITIONS (p:rfp\r~:Jio2-g.con) 10. Successors: The successors, assigns and legal representatives of Bidder and City shall be subject to all provisions of the contact documents. Bidder shall not assign Bidder's rights or obligations under this agreement without prior written consent of City. 11. Indemnification: Bidder shall defend, indemnify and save City, its agents, and employees harmless from any and all losses, claims, actions, costs, or other damages resulting from injury to any person or damage to property, of whatsoever nature arising out of or incident to the performance of this agreement by Bidder or defects in the goods. Bidder shall not be held responsible for any losses, claims, actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City. 12. Notices: Any notice required to be given under this contract, or any notice required to be given by law, shall be in writing and shall be given to Bidder at the address stated in the bid form or to City at the address of the Purchasing Agent stated in the invitation to bid. 13. Entire Agreement: The contract documents are the entire, final and complete agreement of the parties and supersede all prior and existing written or oral understandings except as otherwise continued in effect by the terms of the contract documents. No modification of the contract documents shall be valid unless in writing and signed by the parties. PAGE 3-GENERAL CONDITIONS (p:rfp\r~lio2-g.co.) CITY OF ASHLAND City Hall 20 E. Main Street Ashland, Oregon 97520 SPECIFICATIONS 1. ACCEPTANCE: Bidders must satisfy themselves by personal examination of the specifications, and by such other means as they prefer, as to the actual conditions and requirements of the specifications of the contract documents, and shall not at any time, after submission of the bid, dispute, complaint, or assert that there was any misunderstanding in regard to the nature, quality or description of the item to be supplied. Bidder must submit with its bid a statement accepting each and every specification or accepting each and every specification not otherwise excepted under section 2. 2. EXCEPTIONS: The bidder may take exception to any standard of this specification. The prospective bidder who cannot meet each and every requirement of the specifications need not be considered unqualified to submit a bid. By taking exceptions and clearly stating them, in writing, on a separate sheet of paper headed "EXCEPTIONS", and by offering alternatives to replace excepted requirements, a bidder may still compete in the process. 3. SPECIFICATIONS: The specifications for the maintenance to be supplied are attached to this document. PAGE i-SPECIFICATIONS (p:rfp/radio3.spc) 1. The contract period shall be July 1, 1996 through June 30, 1999. The City intends to establish a three year contract with the bidder the City deems best qualified to provide the necessary maintenance to our communications network. 2. Each component of the system will be priced individually and on a monthly basis. No further charges may be made for travel time or mileage. Further additions or deletions will be compensated by price adjustments, but otherwise the prices are not subject to change. 3. In the event a major breakdown of equipment occurs that would place the city in a critical situation, the bidder shall be able to provide service on a 24 hour, 7 day a week basis. In this case, response time shall be initiated within 30 minutes of notification. En route time or repair action shall begin within 1 hour of notification. 4. Service for routine breakdowns and maintenance will be provided on a normal work week basis, Monday through Friday, 0800 to 1700 hours. Work begun on a radio or component prior to 1700 hours shall be considered to be already underway and no overtime rates shall be paid for the radio or component service. Response time for all routine failures of equipment shall not be over 8 hours after notification unless prior arrangements have been made with the city department requesting the service. All equipment serviced, including repairs, installations and removals, shall be completed in a timely manner but not to exceed forty hours, or one work week. (Bidder will be excused from the 40 hour time span for reasons of unavailability of parts or unforeseen extenuating circumstances. The affected department will be notified of any delays beyond the established time. Such delays will be subject to approval by authorized personnel of the affected department.) 5. All components of the City's Radio Communication Network, as Der the attached radio inventory list shall be checked at least once per contract period including RX frequency and sensitivity checks, TX frequency, power and deviation checks, and a physical inspection correcting any discrepancies found such as cracks, loose screws, loose or missing knobs, and frayed or worn wires on microphones, power leads or control cables, preventative maintenance and/or any other applicable requirements as set forth in F.C.C. rules and regulations. The bidder must provide technical and repair assistance for any portion of the system that it is unable to repair and reco~Lmendations on which units of the system should be replaced on an annual basis. This is to be done at no additional cost to the City of Ashland. Such PAGE 2-SPECIFICATIONS (p: rfp/radio3. spc) information shall be made available to the City's person in charge of managing the radio maintenance contract in October so that notification can be timely to Department Heads for budgeting purposes. It shall be the Bidder's responsibility to schedule with each department head of the City for the time necessary to perform the service. 6. All repair work shall be done 'ON SITE' in the City of Ashland except as follows: 6.1. any radio damaged by fire 6.2. any radio damaged by physical abuse 6.3. portable radios 7. All installation or removal of mobile radio equipment shall be done on site within the City of Ashland. The installation or removal of mobile radios and related equipment shall be done at the following locations 7.1. Fire Station # 1 and #2, fire department equipment 7.2. Service Center, all remaining equipment 8. The bidder shall provide price quotations for all aspects of the maintenance contract. All quotations shall be for parts and labor, excluding only antennas, batteries and microphones. All quotations shall remain in effect for the duration of the contract period for the following items(s): 8.1. Removal of mobile radio system(s) from vehicle(s) 8.2. Installation of mobile radio system(s) in vehicle(s) 8.3. Removal from one vehicle and installation in another vehicle the following items: a. mobile radio system(s) b. vehicular portable radio chargers or Convert-a-coms c. emergency light bars d. electronic siren/pa system(s) 8.4. Removal a~d installation of police department's Motorola syntor/system 90/remote-siren-mobile radio packages. 9. The bidder shall provide a price quote for non-contract maintenance work by the hour on the following items: 9.1. Motorola mobile radios 9.2. Harris mobile radios 9.3. Midland mobile radios 9.4. Motorola base stations 9.5. Midland base stations 9.6. Motorola portable radios 9.7. Wilson portable radios PAGE 3-SPECIFICATIONS (p: rfp/radio3. spc) 9.8. Midland portable radios NOTE: ALL WORK TO BE DONE 'ON SITE' IN THE CITY OF ASHLAND EXCEPT FOR PORTABLE RADIOS. 10. During the term of the contract, the City may add or remove equipment from its communication system as necessitated by City requirements. Payment for such increased or decreased amounts will be made in accordance with the unit prices of similar equipment. Addition of equipment of a type not listed shall be subject to a negotiated maintenance cost. 11. In the event the City should elect to employ the bidder to maintain or repair obsolete equipment, costs incurred shall be on a time and materials basis. For purposes of this contract, equipment will be considered obsolete when the estimated repairs equal or exceed the estimated value of the piece of equipment. 12. The City may request work to be done on equipment not covered under the service contract. This work will be done on a time and materials basis. Prior to making repairs not covered under this contract, the service shop will submit an estimate and receive approval from an authorized representative prior to repairs/service. This estimate shall be made on a not to exceed basis. 13. Replacement parts shall be identical to, meet, or exceed original manufacturer's parts. A substitute component may be installed on a temporary only basis if, in an emergency situation, a replacement part, as noted above, is not immediately available. 14. Bidder shall provide, at no additional cost, engineering support as needed to diagnose technical problems that cannot be resolved by local service, i.e. Intermod, site interference, new coverage profile, point to point paths, system compatibility, etc. From time to time the city may require an engineer to be on site to evaluate any concerns that the City may have regarding their communication systems. Bidder will be required to submit examples of engineering work from other agencies during the past two years to provide documentation of engineering capability to satisfy the needs of this criteria. 15. Bidder shall be knowledgeable in the practices necessary to insure that there is no damage to the City's equipment from static. 16. Bidder shall document any changes or modifications to any equipment. Wiring charts, schematic diagrams, etc. must be completed on any change or modification. This documentation will become the property of the City of Ashland. PAGE 4-SPECIFICATIONS (p:rfp/radio3.spc) 17. Bidder must submit at time of bid the names of FCC licensed personnel who may be assigned to service or repair City radio equipment. All personnel employed by the bidder shall be experienced in and capable of doing the kind of work delegated regardless of kinds, makes or models of equipment. The bidder shall be responsible for adequate supervision of the work which technicians are performing under this contract to insure satisfactory results in accordance with terms and condition herein. 18. Interested bidders shall schedule an appointment for a walk through and inspection to become familiar with the City's radio communication system and various components prior to submitting a bid. Failure to comply with this mandatory requirement will constitute grounds for disqualification. 19. The bidder during the contract period shall assist the City with the maintenance of all F.C.C. licenses. This is to include renewal, relicensing and/or issuance of new licenses. The city will be responsible for the cost of the actual license. 20. All billing pursuant to this contract shall originate with the prime bidder unless approved by the City. 21. Bidder will be required to purchase a city of Ashland business license which shall remain in force during the life of the contract. 22. The City may require an inspection of the bidder's facility and equipment for determining Bidders ability to meet the required criteria for bid submittal. Documentation of any or all criteria requirements may be requested as a means of determining a bidders capability to meet the needs of the City. Contract award will be weighed on all points of the requested criteria and not price alone. 23. The amount of payment for year two and three of the contract period will be adjusted on July 1, 1997 and July l, 1998 based upon the U.S. city average CPI-W March to March with a guaranteed increase of 3% and a maximum increase of 6%. 24. The City and bidder may agree to extend the life of the contract for two additional one year contract periods upon consent of both parties. Any adjustment of cost for an extension will require mutual consent by both parties. The City of Ashland shall reserve the right to cancel the maintenance contract by giving 30 days written notice to the bidder. PAGE 5-SPECIFICATIONS (p:rfp/radio3.spc) CITY OF ASHLAND City Hall 20 E. Main Street Ashland, Oregon 97520 INVITATION TO BID BID No. 102-,96 DAIED 6/3/96 The City of Ashland ("City") is accepting bids for maintenance of the City's Radio Communications Network as per the attached inventory list. All bids shall be subject to the following conditions: 1. Time and Place for Receiving Bids: Bids must be received by the Purchasing Agent, Ashland Service Center, 90 N. Mountain Avenue, Ashland, Oregon 97520, on June 21, 1996 at 10:00 a.m. At that time, bids will be publicly opened and read in the Purchasing Agent Office of the Service Center. Bids may not be withdrawn after the time set for the opening of bids. Each bid shall be identified on the exterior of the sealed envelope as follows: BID NO. 102-96 MAINTENANCE OF Radio Cimmunications Equipment OPENING 10:00 a.m. June 21, 1996 2. Purchasing Agent: The Purchasing Agent is the sole point of contact in the City for this procurement action. All correspondence pertaining to this bid should be directed to the Purchasing Agent, Ashland Service Center, 90 N. Mountain Avenue, Ashland, Oregon 97520. The telephone number is (541) 488-5354. The FAX number is (541) 488*5320. 3. Protests: Any prospective bidder who contends that the provisions of the contract documents or any aspect of the bidding process will encourage favoritism in the award of the contract for procurement of the equipment or substantially diminish competition, must submit a written protest with the Purchasing Agent at least five days prior to the date on which the bids are due. Failure to file a protest will be deemed a waiver of any claim by a bidder or prospective bidder that the procurement process violates any provision of ORS Chapter 279 or the City Local Contract Review Board Rules. If protests, inquiries or comments by bidders raise issues that require clarification by the City, addenda will be issued by the Purchasing Agent. 3.1. Disclaimer of Responsibility. The City will not be responsible for oral interpretations. Should a bidder find discrepancies in, or omissions from, the contract documents, or be in doubt as to their meaning, such bidder shall notify the person PAGE I-INVITATION TO BID ~,:rf,~bid~.,.vl IRovi~ 5/961 designated in paragraph 2. Any and all such interpretations or approval of manufacturer's materials to be substituted will be made only in the form of written addenda to the specifications which, if issued, will be hand-delivered or mailed by certified mail with return receipt requested to all prospective bidders receiving a set of such documents, not later than ten working days prior to the date fixed for the closing of bids. All addenda so issued shall be considered by the bidder in preparing the bid, shall be submitted with the bid and, shall become a part of the contract documents. 4. Specifications: Specifications for the equipment are attached to this invitation to bid. Any deviations from the specifications shall be identified in the bid utilizing the method outlined in paragraph 2 of the specifications section. Reference to brand names in the specifications are utilized to describe the type and quality of item required. Bidders are not limited to the brand specified but may submit any brand of equivalent type and quality. Any deviations from the specifications, however, shall be identified in the bid, and City reserves the right to reject a bid on the basis of deviations or brands which are not equivalent in type or quality. 5. General Conditions: The City's general conditions for purchase of goods are attached to and incorporated in this invitation to bid. Any bid that attempts to modify or abrogate any of the general conditions including, but not limited to, provisions on warranties may be rejected as nonresponsive. 6. Addenda: In the event that it becomes necessary to revise any part of the contract documents, addenda will be provided to all bidders who receive this invitation to bid. Receipt of an addendum by a bidder must be acknowledged by signing and returning the document with the bid form. 7. Bid Form: 7.1. Bidders shall complete the bid form provided by the City. All pages of the bid form must be left in proper sequence. Bids may be rejected as nonresponsive if they are altered, incomplete, conditional or otherwise irregular. 7.2. If the bid is submitted by a partnership, it must be signed by a partner. the bid is submitted by a corporation, it must be signed by an authorized representative. 7.3. The bid must include a statement on whether or not the bidder is a resident bidder as defined in ORS 279.029. "Resident bidder" means a bidder who has paid unemployment taxes or income taxes in this state during the 12 calendar months immediately preceding submission of the bid, has a business address in this state and has stated on the bid that the bidder is a "resident bidder". PAGE 2-INVITATION TO BID (p:rfp\bidl.lnv){Revised 5/96] 8. Requirements of Contract Documents: Each bidder must examine the general conditions, specifications, and other contract documents and take such other reasonable and prudent actions that the bidder deems necessary to ascertain the requirements of the contract documents. A bidder shall not at any time, after submission of its bid, assert that there was any misunderstanding concerning the nature, quality or description of the equipment and services to be supplied. 9. Withdrawal of Bids: Any bid may be withdrawn at any time prior to the time set for opening bids, by providing written request for withdrawal of the bid to the Purchasing Agent. The request shall be executed by the bidder or a duly authorized representative. All bids shall be irrevocable for a period of 60 days from the day of opening. 10. Acceptance of Bid: 10.1. The City may reject any bid if the City determines that the bidder has an interest in more than one bid; there is collusion between bidders; the bid is not responsive; the bid is not in compliance with the terms of the contract documents and all applicable public bidding laws, rules and ordinances; or the bidder is not qualified to provide the equipment or services covered by the contract documents. 10.2. Pursuant to ORS 279.029, to determine the lowest responsive bid, the City will add a percent increase on.the bid of a nonresident bidder equal to the percent, if any, of the preference given to that bidder in the state in which the bidder resides. 10.3. Terms or discounts which are conditioned upon payment within a certain time will not be considered for purposes of comparison of bids. 10.4. Pursuant to ORS 279.021, the City shall give preference to equipment that is manufactured or produced in Oregon if price, availability and quality are otherwise equal. 10.5. Pursuant to ORS 279.035, the City reserves the right to reject any or all bids if the City finds that it is in the public interest to do so. 10.6. The bidder selected by the City will be expected to enter into a written agreement for sale of the equipment. 11. Award of Contract. The award of the contract will be made by the City on the basis of the low responsive bid meeting specifications. PAGE 3-INVITATION TO BID (p:rfp\bidl .Inv)[Revised 5/96] Iql(.)I)UCER INSURED CERTIFICATE OF INSURANCE J B L & K INSURANCE PHONE# 222-1831 220 N W SECOND AVE PORTLAND OR 97209 CLACKAMAS COMMUNICATIONS, INC. P.O. BOX 22169 MILWAUKIE OR 97222 DATE {MM.I)D YY) i~ "': ' 2. 5 '.) "~ THIS CERTIFICATE IS ISSUED AS A MATTER OI~'I-I~IMATiON ONLY AND CONFERS NO RIGHTS UPON THE CERTIRCATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A ATLANTIC MUTUAL INS CO COMPANY B COMPANY c COMPANY D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDmON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POMCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. co TYPE OF INSURANCE . LTP. ~ GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY --] C ,MS M=E OCCU. AUTOMOBILE L.LAJBI~"rY X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS iX HIRED AUTOS X NON-OWNED AUTOS !- GARAGE UABILJTY ANY AUTO EXCESS LIABILIT~ ~_~ UMBRELLA FORM O~I'IER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' UABB.['rY THE PROPRIETOR/ ~ INCL PARTNERS/EXECUTIVE OFFICERS ARE: EXCL OTHER POUCY NUMBER 289300032 289300032 POUCY EFF~CTWE POUCY EXPIRATION DATE (MM/~D/YY} DATE (MM/~D;YY} 07/01/96 07/01/97 7/01/96 7/01/97 UMITS GENERAL AGGREGATE S2, 000, 000 PRODUCTS- COMP/OP AGG S2, 000, 000 PERSONAL & ADV INJURY $1, 000, 000 EACH OCCURRENCE $1, 000, 000 FIRE DAMAGE (Any one fire) $ 100, 000 MED EXP (Any one person) $ 5 ~ 000 1,000,000 COMBINED SINGLE LIMIT $ BODILY INJURY $ (Per person) BODILY INJURY $ (Per accident) 289300032 7/01/96 7/01/97 PROPERTY DAMAGE $ AUTO ONLY - EA ACCIDENT $ : OTHER THAN AUTO ONLY: : EACH ACCIDENT $ AGGREGATE $ EACH OCCURRENCE $25000, 000 A~RE~A~ $25000, 000 $ I STATUTORY LIMITS i::::: ::i ::~::. :. ::':: EACH ACCIDENT $ DISEASE - POLICY LIMIT DISEASE · EACH EMPLOYEE. $ DESCRIPTION OF OPERATIONS/t. OCATIONS/VEHICLES/SPECIA~ ITEMS NORMAL OPERATIONS OF THE ABOVE NAMED INSURED (:Ell I,'FICATE HOLI~:h --- CITY OF ASHLAND ATTN: LEROY KING 455 SISKIYOU BLVD ASHLAND OR ACORD 25-S (3,~J3) 97520 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY' WILL ENDEAVOR TO MAIL 3 0 DAYS WRFI'rEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAJLURE TO MAIL SUCH NOTICE SHALL IMPOSE NO ODUGATION OR MABIMTY OF ANY KIND UPON THE COMPANY, IT~ Ar-ENT~ OR REPRESENTATIVES. AUTHORIZ1;D REPRESENTATIVE DEBRA HAAS- j,~ACORD CORPORATION 1993! L 'd - 986 ~/spJooaB 1oeJIuoo aoueue~,u!el~ o!peB gZ'C$ ~'S$ ~Z';$ O0'g$ 0~'~ Og'O$ 0g'95 00'~$ Og'g$ 0~'~$ Og'g$ og'g$ 00'~$ oo'~$ oo'g$ O~'g$ Og'g$ Og'~$ 0~'~$ 0~'~$ 0~'~$ o~'~$ oo'~$ o~'~$ o~'s$ Og'g$ og'g$ g~'~$ gg'~$ gZ'~$ e3!Jd ~I=IO~¥HO ogg91~N/N V-IO~O.1OI/~ ~I=10~IVHO ¥s£gl~N.LN WIO~JOJ. 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