city of escondido request for proposals … · 2018-06-05 · crm issues: 1,000 business license:...
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CITY OF ESCONDIDO REQUEST FOR PROPOSALS
COMPREHENSIVE CITYWORKS PLL PROJECT REQUEST FOR PROPOSAL #19-03
INTRODUCTION
The City of Escondido is requesting proposals from qualified contractors to assist with the implementation,
configuration, data conversion (from CRW/Superion TRAKiT .NET), and report customization/creation for Cityworks
Permits, Licensing and Land (PLL) software; implementation and configuration of the Timmons Group Public Facing
Portal for Cityworks PLL; the purchase of Hyland OnBase software licensing; and the implementation and
configuration of OnBase for plan review and document management for Cityworks PLL in the form of four separate
proposals.
This RFP is not soliciting the purchase of the Cityworks PLL software or the Timmons Portal software but rather for
the implementation of these two products. Therefore, this RFP is broken into four parts (listed below) so contractors
can submit proposals for all or individual parts and the City can award contracts separately for each part or all parts
to the same contractor.
RFP #19-03 part 1 of 4 proposal is the implementation and configuration of Cityworks PLL, data conversion
(from CRW/Superion TRAKiT .NET), and report customization/creation.
RFP #19-03 part 2 of 4 proposal is the implementation and configuration of the Timmons Group Public Facing Portal for Cityworks PLL.
RFP #19-03 part 3 of 4 proposal is the purchase Hyland OnBase software licensing
RFP #19-03 part 4 of 4 proposal is the implementation and configuration of OnBase for plan review and document management for Cityworks PLL
The contractor submitting a proposal must be prepared to use the City’s standard contract form
rather than its own contract form. A Sample Professional Service Agreement is attached as
“Exhibit A.”
BACKGROUND
The City of Escondido is located in north San Diego County, approximately 30 miles north of the City of San Diego,
California. Escondido is an established community incorporated on October 8, 1888 under the general laws of the
State of California. The City’s current population is approximately 150,000, who are served by approximately 740
full-time and 250 part-time City employees.
CURRENT ENVIRONMENT
The City’s Community Development (Planning, Engineering, Building, Code Enforcement, Business License), Fire,
and City Manager’s Office departments currently use Superion (formerly CRW) TRAKiT .NET to support their day-
to-day functions for the City. These include:
Development Projects
Building Permits
Building Inspections
Code Enforcement Cases
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Code Enforcement Inspections
Business License Applications and Renewals
Fire Inspections and Permits
Citizen Relationship Management (CRM) Case Tracking
Fees and payments are recorded within the TRAKiT product, and interfaced to the City’s PeopleSoft Financials GL
system on a nightly basis.
TRAKiT .NET is a client/server application, using a SQL Server 2008 R2 database backend of approximately 8.2
GB in size. Number of primary items in each module are as follows:
Code Enforcement Cases/Annual Fire Inspections: 70,000
CRM Issues: 1,000
Business License: 49,000 (not all will need to be converted)
Building and Fire Permits: 84,000
Development Projects: 4,800
Total attached documents (stored external to the database): 200,000, taking up 250 GB of storage space
Altogether, there are a total of approximately 350 runnable Crystal reports and Word Merge documents.
Approximately 100 of these were customized or custom created by City personnel, and around 50 of the total were
custom created by the vendor at the time of TRAKiT’s installation. As part of this project, analysis by contractor
and/or City personnel will need to be done to categorize our needed reports and documents:
Those that can be completely replaced by saved searches (optionally exported to Excel)
Those that can be completely replaced with delivered PLL reports
Those that can be replaced with customized versions of delivered PLL reports
Those that must be recreated custom from scratch in PLL
Once categorized, the appropriate reports will need to be customized and built.
TARGET ENVIRONMENT
Cityworks PLL will be installed into the same SQL Server 2017 database as the City’s existing Cityworks AMS
installation. This is to make the most efficient use of resources, and to maximize interoperability between PLL and
AMS. The City recognizes that some of the functions currently being performed in TRAKiT (namely the CRM
module) may be better suited to the AMS side of Cityworks, so we anticipate that many users will need access to
both systems. The implementation process will include setting up tasks in both PLL and AMS, depending on the
best fit.
Alongside Cityworks PLL, the City plans to deploy the Timmons Group Public Facing Portal for Cityworks PLL, in
order to achieve a primary goal of the project: enabling online Business License applications and renewals, with
self-report gross receipts for fee calculations and taking online payments because the Cityworks PLL portal does
not currently have the self-reported gross receipts functionality at this time. Our goal is to use our current online
payments provider, Invoice Cloud, to take redirect payments through the public portal and ensure PCI compliance.
The City will also be implementing Hyland OnBase, for document management and electronic plan review.
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CITY PERSONNEL RESOURCES AVAILABLE TO THE PROJECT
One full-time dedicated Business Analyst, to lead the project from the City side. This employee will:
o Work with end users in documenting business rules to be translated into PLL workflow setup
o Work with Technical Analysts and end users to gather reporting and data conversion requirements
o Work alongside the selected vendor to understand all requirements and setup within Cityworks PLL
and the Timmons Portal
o Perform initial setup, and changes to setup, within the PLL and portal systems
o Be the primary “functional expert” for Cityworks PLL; train end users on use on the system; and
assist users when they have trouble
o Coordinate and drive testing efforts by end users, and ensure timely completion of testing phases
o Interface as needed with support services of the software vendors to troubleshoot problems
GIS staff to assist with integration between PLL and GIS with the selected vendor’s assistance.
Three part time Technical Analysts (approximately 1-1.5 full-time equivalent employee), to perform data
conversion and report building and analysis with the selected vendor’s assistance.
Various end user personnel totaling at least one full-time equivalent employee from each of the departments
and divisions that currently use TRAKiT and/or will be using Cityworks PLL.
DESIRED OUTCOME
Upon completion, success of this project will be measured by many factors, including:
Cityworks PLL and the Timmons Portal are configured and operating optimally and according to best
practices
Appropriate contractors and citizens have been notified and are aware of the online Portal and its
capabilities
Members of the public are able to make full use the public portal for online payments, document exchange,
inspection scheduling, etc.
All of the needed TRAKiT historical and current data has been successfully converted into PLL
The reports and saved searches necessary to Cityworks business processes are completed and ready to
run whenever needed
City personnel are fully trained and prepared to take full advantage of the enhanced functionality provided
by PLL
City personnel are able to work in a paperless, or near-paperless manner, taking advantage of the new
electronic data exchange and remote access capabilities provided by the public portal and OnBase.
TIMELINE FOR RFP
The following timeline is the City’s best estimate of the project implementation and is not binding on the City.
RFP released June 4, 2018
Conference call with vendor to outline the RFP and project June 7, 2018
Questions submitted via email to the city June 13, 2018
City posts answers to all questions submitted June 18, 2018
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Proposals due date June 27, 2018
Consultant Demonstrations, reference checks and Interviews July 9-20, 2018
Contract Approval by City Council TBD
Project Implementation TBD
PROPOSAL REQUIREMENTS
The vendor shall be responsible for preparing an effective, clear, and concise proposal. Proposals shall contain the following information:
A. A cover letter introducing the company, including partner level (e.g. “gold”, “platinum”) with Cityworks and/or Hyland OnBase, and the individual who will be the contact person. This letter shall briefly state the vendor’s understanding of the work to be performed, which of the four parts of the RFP that they will be submitting proposals for, and a statement why the company is the best qualified to perform this contract. The cover later shall also indicate whether or not the company had any contracts terminated for default in the past five years.
B. The vendor shall provide only qualified personnel with the experience necessary to perform this contract. The proposal shall identify the personnel that will be assigned to this contract and their qualifications and experience. Indicate the types of active certifications and licenses possessed by the company and by the specific staff to be assigned to the project.
C. Describe your company’s experience in providing similar services for other governmental agencies comparable to City of Escondido. Indicate the number of years you have provided these type of services.
D. Bidder must provide a written statement of the services proposed, implementation plan, time line and outline of City and vendor responsibilities.
E. Provide a narrative description of the project proposal, based on the scope of services presented in the RFP. Include any issues that you believe will require special consideration for this project. Also, identify any unique approaches or strengths your firm may have related to this project. City staff will assess your understanding of all aspects of the project based on the overview.
F. Respond to all requirements defined in the scope of services. If any of the requirements cannot be supported, provide a recommendation for an alternative approach. Include the steps needed to complete all tasks and any recommended additions to the list of tasks. In addition, document assumptions used in development of the work tasks, including assistance needed from City staff, and required hardware and software.
G. Provide quotes for both a “Fully Contractor Led” as well as a “City Led” model for implementation. In the proposal, note where the Fully Contractor Led and City Led implementation models differ, and how the pricing for each option differs.
H. Full statement regarding warranty/guarantee of work performed that will become part of attachment “A” to the PSA.
I. Billable rates for onsite and remote broken out by tasks (reporting, implementation, configuration, documentation, training etc.)
J. Agreement to PSA and list additional legal requirements needed.
K. All bids must be submitted with bid bonds equal to five percent 5% of total bid proposal (See General Terms and Conditions Section)
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L. Bidders shall provide a copy of the company’s annual financial statements and cash flow statements (audited if available) for the past two (2) years, including an annual report audited by a licensed CPA. The financial information provided shall be sufficiently comprehensive to permit an appraisal of the company’s current financial condition.
M. Provide a list of any pending litigations in which the business or its owners is/are a plaintiff or defendant.
N. List all businesses for which you or your business manager have filed for bankruptcy protection while operating under a service contract similar to this solicitation.
O. Provide a least five (5 ) references for contracts of similar size and scope to the City, include the client names, the length of the contract, brief description of the service performed, contact persons, phone numbers, and email addresses. References must include at least two (2) references for contracts awarded to your company during the past three (3) years.
SCOPE OF SERVICES
The selected contractor must have the ability to meet each of the requirements below. If a requirement cannot be met, please provide an alternative approach for consideration. The contractor will be responsible for providing all labor, materials, equipment, supplies, transportation and pay all required taxes and fees to complete the tasks outlined in the scope of services unless indicated otherwise in this solicitation.
The selected vendor shall provide overall project management, subject matter expertise, software expertise and task execution to plan, install, test, train and implement the Cityworks Permits, Licensing and Land software module (PLL), and/or the Timmons Group Public Facing Portal for Cityworks PLL, and/or Hyland OnBase as it pertains to your proposal(s).
It is the intent of the City to implement Cityworks PLL in its standard form and with minimal custom modification. Hyland OnBase will require customization of the Cityworks PLL interface (“XML”) and Timmons Portal. All potential custom modifications must be reviewed and approved by the City, and detailed documentation of all customizations must be created and provided to the City.
The implementation is intended to cover the Cityworks PLL and Hyland OnBase for internal use among City personnel involved in the planning, engineering, permitting, licensing, code enforcement, and inspections processes, as well as the Timmons Group Public Facing Portal for permits, inspections, business license applications, and business license renewals. Included in this shall be the development of educational material to guide the public in the use of the portal.
The following outline captures the key aspects and deliverables of the project. If the selected contractor has a standard implementation process that encompasses similar activities, it must describe its implementation process and provide documentation in the RFP response. The tasks and numbering scheme below are only intended to be a reference for traceability to these deliverables. All tasks will be performed with the participation of City personnel (at a minimum, the City’s dedicated Cityworks PLL Business Analyst).
1. Project Planning - formal project planning to identify and document project goals, identify resources and stakeholders, define communication plan, and document project assumptions. Project plan must include a realistic timeline for completion of each phase of the implementation.
2. Business Process Analysis - thoroughly document the existing City permits business process. City personnel will have already been working on this for at least two months prior to formal project commencement.
3. Integration Definition – Integrate PLL, Timmons Portal, and OnBase. Identify where integration is required or desired between PLL system and existing City systems.
4. Report Definitions - perform and document reporting needs and determine how these reports shall be provided.
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5. Data Conversion – perform analysis and advise City personnel on best practices to convert TRAKiT data to Cityworks PLL.
6. Implementation - Configure and implement a complete test/development installation of PLL within the Cityworks AMS test environment. Configure and implement a test/development version of the Timmons Portal. Configure and implement OnBase document management. Configure and implement OnBase plan review. Integrate OnBase with PLL and the Portal. Upon City acceptance of the integrated test solution, implement all products in a production environment.
7. Training and Support - transfer knowledge to City personnel on the use and operation of PLL, Timmons Portal, and OnBase. This includes key administrative staff to allow for ongoing administrative and operational support.
8. Public Awareness – in conjunction with the City’s communications department, develop educational material for consumption by the public on the use and operation of the Timmons Group Public Facing Portal, and develop a general public awareness plan and marketing campaign.
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CONTRACTOR SELECTION PROCESS
Proposals will be analyzed and the award made to the most responsive and responsible bidder(s) whose proposal
conforms to the solicitation and whose proposal is considered to be most advantageous to the City. The following
evaluation factors will also be considered when reviewing the proposals:
Evaluation Criteria Points
Ability to meet requirements as specified in Proposal Requirements and Scope of Work listed
above.
25
Demonstrated experience in performing similar work and qualifications of the firm and assigned
individuals
25
Project plan and timeline to fulfill the service(s) bid on 20
Fees charged, overall price 20
Feedback from references regarding qualifications to succeed on this project 10
The City will act as the sole judge of the merit and qualifications of the materials and services offered and accept
whatever proposal(s) are deemed to be in the best interest of the City.
1. The city reserves the right to:
a. Reject any or all submittals;
b. Request clarification of any submitted information;
c. Waive any informalities or non-material irregularities in any proposal;
d. Not enter into any contract;
f. Cancel this process at any time;
g. Amend this process at any time;
h. Enter into negotiations with one or more firms
I. Issue similar solicitations in the future; or request additional information from prospective
contractors.
PRESENTATION OR DEMONSTRATION Prior to contract award, the City may require bidders to demonstrate its solution to the selection committee at no cost to the City.
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GENERAL TERMS AND CONDITIONS
1. Public Information
The City reserves the right to retain all proposals submitted and to use any ideas in a proposal regardless
of whether that proposal is selected. Submission of a proposal indicates acceptance by the company of
the conditions contained in the Request for Proposal, unless clearly and specifically noted in the
document submitted and confirmed in contract between the City and the company selected.
2. Confidential Information
Any information deemed confidential or proprietary should be clearly identified by the bidder as such. It
will be protected and treated with confidentiality only to the extent permitted by California State Law
considering public information. Otherwise, the information shall be considered a public record. Any data
to be returned should be so marked and will be returned if not essential to the bid or contract record.
3. Bid Security
All proposals shall be accompanied by a Cashier's Check or Certified Check, payable to the order of the
City of Escondido amounting to five percent 5% of the total bid, or by a bond in said amount and payable
to said City, signed by the bidder and a corporate surety, or by the bidder and two sureties who shall justify
before any officer competent and administer oaths, in double said amount over and above all statutory
exemptions. A Bid Bond Form is attached as “Exhibit B”. This bid security may be retained by the City of
Escondido until the contract has been signed. The City of Escondido will cash the Bid Bond or Cashier's
Check or Corporate Check if the Bidder to whom a contract is awarded does not undertake the contract per
the pricing and terms that are proposed. Failure to submit the Bid Bond, Cashier’s Check, or Corporate
Check in the form and amount required shall render the proposal to be nonresponsive and rejected by the
City of Escondido.
The original Bid Bond or Cashier’s Check or Corporate Check must be submitted in an envelope SEALED
and plainly identified with RFP #19-03 by June 27, 2018. The submitting Vendor’s return address must
appear on the envelope. A submission made using "Express/Overnight" services must be shipped in a
separate sealed inner envelope/package identified as stated above. No responsibility will attach to City of
Escondido, or to any employee thereof, for the pre-opening of, post-opening of, or the failure to open a
submission not properly addressed and identified. All submissions must be received at the office of
Purchasing, City of Escondido City Hall, 201 North Broadway, Escondido CA 92025, and be time and date
stamped by June 27, 2018. It is the submitting Vendor’s responsibility to timely submit the required
documents in a properly marked envelope, prior to the scheduled date and time, for receipt in sufficient
time to allow the submission to be time and date stamped.
4. Compliance With Laws
The bidder certifies and represents that in the performance of this contract it will comply with the provisions
of all applicable federal, state, and local laws, regulations, rules and order. Bidder agrees to submit reports,
certifications and other documents as required.
5. Request for Proposal Provisions
The City reserves the right to amend, alter, or revoke this Request for Proposal at or before the due date
and time of proposal. Any modifications, clarification, or additions will be distributed via email as an
addendum.
6. Proposal Preparation Cost
There is no express or implied obligation for the City to reimburse responding companies for any expenses
incurred in preparing proposals in response to this Request for Proposal.
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7. Withdrawal of Proposal
Bidders may modify or withdraw their proposal, either personally or by written request, at any time prior to
the scheduled closing time of proposals. Such requests should be directed to the Purchasing Supervisor.
8. Inaccuracies or Misinterpretations
If, in the course of the Request for Proposal process or in the administration of a resulting contract, the City
determines that a bidder has made a material misstatement or misrepresentation or that materially
inaccurate information has been provided to the City, bidder may be terminated from the Request for
Proposal process or in the event a contract has been awarded, the contract may be immediately terminated.
9. Warranty
By accepting the contract bidder hereby warrants that the items and services to be furnished hereunder will
be in full conformity with the City's specifications, and that are fit for use intended by the City. Seller agrees
that this warranty shall survive acceptance of the items or service. All hardware equipment warranties must
not be less than one (1) year from the date of satisfactory installation for all equipment.
10. Optional Features
Bidders may elect to provide recommendations and pricing for optional features, if deemed beneficial to
the City. Pricing for optional features must NOT be included in the minimum requirements pricing.
11. Business License
The successful bidder shall be required to obtain a City of Escondido Business License prior to the award
of the contract.
12. Signature
All proposals must be signed in the name of the bidder and must bear the original signature in longhand of
the persons duly authorized to sign the proposal. Obligations assumed by such signature must be fulfilled.
13. Attorney Fees
In the event that the City should prevail in any litigation brought by either party, to enforce any provisions
of this proposal, bidder shall pay to the City the cost and attorney fees incurred pursuant to said litigation.
This solicitation is governed by the laws of the State of California. Venue for all actions arising from this
contract must be exclusively in the state or federal courts located in San Diego County, California.
14. Right to Reject Proposal
The City reserves the right to reject any or all proposals, to waive any non-material irregularities or
information in any proposal, and to accept or reject any items or combination of items. The City is not
obligated to explain any deficiencies in their proposal, nor accept requests for justification from bidders not
selected. All proposals submitted become property of the City.
15. Right to Conduct Personal Interviews
The City reserves the right to conduct personal interviews or require oral presentations of any or all bidders
prior to selection.
16. Right to Request Additional Information
The bidder shall furnish additional information as the City may reasonably require. The City reserves the
right to make investigation of the qualifications of the bidder as it deems appropriate.
17. Understanding the Services to be Performed
By submitting a proposal, the bidder certifies that he/she has fully read and understands the Request for
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Proposal and has full knowledge of the scope, nature, quantity, and quality of service to be performed.
18. Contract Pricing
The prices provided in the response to the Request for Proposal shall remain firm for one hundred and
twenty (120) days. All orders issued against this proposal shall be delivered and invoiced at the fixed
cost or less due to decrease in the market for the term of this contract. In the event of a conflict between
the Contractor’s unit price and extended price, the unit price will prevail.
19. Termination for Default
a) The City may, by written notice of default to the successful bidder (subject to the provisions of paragraph
(c) below) terminate the whole or any part of this contract in any one of the two following circumstances:
1) If the successful bidder fails to make delivery of the supplies or to perform the services within
the time specified herein or any extension thereof; or
2) If the successful bidder fails to perform any of the other provisions of this contract or so fails to
make progress to endanger performance of this contract in accordance with its terms and in
either of these two circumstances does not cure such failure within a period of ten (10) business
days after receipt of notice from the Purchasing Supervisor specifying such failure.
b) In the event the City terminates this contract in whole or in part, as in paragraph (a) of this clause, the
City may procure, upon such terms and in such manner as the Purchasing Supervisor may deem
appropriate, supplies and services similar to those so terminated and the bidder shall be liable to the
City for any excess costs for such similar supplies or services provided that the successful bidder shall
continue the performance of this contract to the extent not terminated under the provisions of this
clause.
c) The successful bidder shall not be liable for any excess costs, if the failure to perform the contract
arises out of causes beyond the control and without the fault or negligence of the successful bidder.
Such causes may include, but are not restricted to, acts of God or of the public enemy, acts of the City
in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restriction, strikes,
freight embargoes, and unusually severe weather; but in every case the failure to perform must be
beyond the control and without the fault or negligence of the successful bidder.
d) If after notice of termination of this contract under the provisions of this clause is determined by any
reason that the bidder was not in default under the provisions of this clause, or that the default was
excusable under the provisions of this clause, the rights and obligations of the bidder shall be the same
as if notice of termination for convenience had been issued pursuant to such clause.
e) The City reserves the right to terminate for convenience, and cancel the contract at any time with thirty
(30) days prior written notice of its intent to terminate. This termination does not include any leases
that are in place at the time of cancellation.
20. Assignment of Contract
The successful bidder shall not assign or transfer by operation of law or otherwise any or all of its rights,
burdens, duties or obligations without the consent of the City and of his sureties, if any. All payments made
pursuant to this contract shall only be made payable to successful bidder.
21. Insurance Requirements
The successful bidder shall secure and maintain at its own cost, for all operations, the following insurance
coverage, unless reduced by the City Attorney
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(1) General liability insurance. Occurrence basis with minimum limits of $1,000,000 each occurrence,
$2,000,000 General Aggregate, and $1,000,000 Products/Completed Operations Aggregate; and
(2) Automobile liability insurance of $1,000,000 combined single-limit per accident for bodily injury and
property damage, unless waived as provided in 7(b) below; and
(3) Workers’ compensation and employer’s liability insurance as required by the California Labor Code,
as amended, or certificate of sole proprietorship; and
A. It is the parties’ understanding that the use of a motor vehicle is not a primary subject of this
Agreement. Bidder acknowledges that operating a motor vehicle is outside the scope of this Agreement
and occurs only at the convenience of Bidder. A waiver of automobile liability insurance is only effective
if both sets of initials appear below, otherwise such insurance is required.
Acknowledged by Bidder___________________________
Waiver appropriate by CITY ________________________
B. Each insurance policy required above must be acceptable to the City Attorney.
(1) Each policy must provide for written notice within no more than thirty (30) days if cancellation
or termination of the policy occurs. Insurance coverage must be provided by an A.M. Best’s
A- rated, class V carrier or better, admitted in California, or if non-admitted, a company that is
not on the Department of Insurance list of unacceptable carriers.
(2) All non-admitted carriers will be required to provide a service of suit endorsement in addition
to the additional insured endorsement.
(3) Both the General Liability and the Automobile Liability policies must name the CITY specifically
as an additional insured under the policy on a separate endorsement page. The endorsement
must be ISO Form CG2010 11/85 edition or its equivalent for General Liability endorsements
and CA 20-01 for Automobile Liability endorsements.
(4) The General Liability policy must include coverage for bodily injury and property damage arising
from Bidder’s work, including its on-going operations and products-completed operations
hazard.
(5) The General Liability policy must be primary and noncontributory and any insurance maintained
by CITY is excess.
C. In executing the Agreement, Bidder agrees to have completed insurance documents on file with the
CITY within fourteen (14) days after the date execution. Failure to comply with insurance requirements
under this Agreement will be a material breach of this Agreement, resulting in immediate termination at
CITY’s option.
22. Proof of Insurance
The successful bidder shall immediately furnish certificates of insurance to the Escondido Finance
Department administering the contract evidencing the insurance coverage, including the endorsements
above required, prior to the commencement of performance of services hereunder, which certificates shall
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provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the
City. The successful bidder shall maintain such insurance from the time the successful bidder commences
performance of services hereunder until the completion of such services. Within sixty (60) days of the
commencement of this contract, the successful bidder shall furnish certified copies of the policies and all
endorsements.
23. Independent Contractor
The successful bidder shall be an independent contractor while engaged in carrying out the terms and
conditions of the purchase order and will NOT be considered an officer or agent of the City. The successful
bidder shall maintain adequate insurance to protect his interest during term of the contract.
24. Equal Employment Opportunity
THE SUCCESSFUL BIDDERS SHALL COMPLY WITH ALL EQUAL EMPLOYMENT OPPORTUNITY
PROVISIONS of federal, state and local non-discrimination laws, orders, regulations and guidelines as may
be applicable to the vendor and be in effect during the performance of the contract. The successful bidder
shall certify that he is an Equal Opportunity Employer and has made a good faith effort to improve minority
employment and agrees to meet federal and state guidelines. No discrimination shall be made in the
employment of persons upon public projects because of the sex, race, color, national origin or ancestry,
religion, or handicap of such persons.
25. Public Services Agreement
The City will provide two (2) complete sets of the Public Services Agreement to the successful bidder.
Both sets must be executed and returned to the City of Escondido. Services may not commence until the
Public Service Agreement is executed.
26. Payment Terms
The Contractor shall be paid monthly for work performed satisfactorily under this contract. At the
completion of each month, the Contractor shall submit a detailed report of service performed. This report
shall be accompanied by a billing in accordance with the contract price for the work performed and shall
become the basis for payment. The City’s payment terms are Net 30 days from date of invoice. No pre-
payment or partial up front down payment will be made for any goods or services.
27. Invoicing Invoices shall be prepared and submitted to: City of Escondido, Accounts Payable, 201 N. Broadway, Escondido, CA 92025. Invoices shall be detailed and must contain the following information: Purchase order number, description of services, sizes, units of measure, quantities, unit prices and extended totals. All payments made pursuant to this contract are not assignable and shall only be made payable to the seller.
28. City Provisions to Prevail Except as specified in the solicitation, the City’s Standard General Provisions shall govern any contract award. Any standard terms and conditions of bidders shall not be acceptable to the City unless expressly assented to by the City by separate document. The City reserves the right to reject a bid containing unacceptable conditions as non-responsive as a condition of evaluation or award of the contract.
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29. Public Agency Clause
It is intended that other public agencies (e.g., city districts, public authorities, municipal utilities, public
school districts and other political subdivisions or public corporations of California) shall have the option
to participate in any award made as a result of this solicitation. The City of Escondido shall incur no
financial responsibility for their order placement and payments to the vendor. This option shall not be
considered in proposal evaluation. State whether said option is granted:
______________ ______________
YES NO
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NON-COLLUSION AFFIDAVIT
MUST BE EXECUTED BY BIDDER AND SUBMITTED WITH PROPOSAL
(Public Contract Code Section 7106)
The undersigned declares:
I am the _____________________ of _________________, the party making the foregoing bid.
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association,
organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly
induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded,
conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The
bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with
anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the
bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or
indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information
or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to
any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person
or entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited
liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power
to execute, and does execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and
that this declaration is executed on ________, at __________________, ___.
_______________________________________ _______________________________________
Signature Signature
Title Title
Of Of
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
MICHAEL R. MCGUINESS, City Attorney
By: _______________________________
Page | 15
PRICING SECTION
Provide a cost proposal for any or all of the implementation project, as described below.
Purchase of Hyland OnBase Software Licensing (Add any other licenses below that would be required to achieve the project goals)
Product/Module License Fee Qty Ext Price Ext Maint Total
Base Document Management Licensing
$ $ $ $
DM Concurrent Client
$ $ $ $
DM Named Client
$ $ $ $
Integration for Cityworks PLL
$ $ $ $
Plan Review Concurrent Client
$ $ $ $
Plan Review Named User Client
$ $ $ $
$ $ $ $
$ $ $ $
$ $ $ $
$ $ $ $
$ $ $ $
$ $ $ $
City-Led Implementation Professional Services Fees
Per-Hour Charge
Estimate of hours needed:
Cityworks PLL Requirements Gathering (Workflows, reports, data conversion, etc.)
$
Cityworks PLL Software Implementation (Workflows, fees, etc.)
$
Cityworks PLL Reports and saved searches development
$
Timmons Group Public Portal implementation
$
Page | 16
Hyland OnBase document management software configuration
$
Hyland OnBase plan review software configuration
$
Hyland OnBase Cityworks PLL integration
$
Hyland OnBase Timmons Group Public Portal integration
$
Contractor-Led Implementation Professional Services Fees
Per-Hour Charge
Estimate of hours needed:
Cityworks PLL Requirements Gathering (Workflows, reports, etc.)
$
Cityworks PLL Software Implementation (Workflows, fees, etc.)
$
Cityworks PLL Reports and saved searches development
$
Timmons Group Public Portal implementation
$
Hyland OnBase document management software configuration
$
Hyland OnBase plan review software configuration
$
Hyland OnBase Cityworks PLL integration
$
Hyland OnBase Timmons Group Public Portal integration
$
Per-hour charge for other services not listed above
Per-Hour Charge
Estimate of hours needed:
$
$
$
Page | 17
$
$
$
$
$
Page | 18
EXHIBIT A
CITY OF ESCONDIDO PUBLIC SERVICES AGREEMENT
This Agreement is made this ___________ day of__________, 20__.
Between: CITY OF ESCONDIDO a Municipal Corporation 201 N. Broadway Escondido, California 92025 Attn:_______________ 760-xxxx ("CITY") And: [Name] [Street address] [City, state, zip code] [Attn: (name of contact)] [Insert telephone number] ("CONTRACTOR")
WHEREAS, the CITY and CONTRACTOR desire to enter into this Agreement for the per-
formance of services;
NOW, THEREFORE, it is mutually agreed as follows:
1. Description of Services. CONTRACTOR will furnish all of the services described in "Attachment A," which is attached and incorporated by this reference. CONTRACTOR agrees to diligently perform such services to their completion, with professional quality and technical accuracy.
2. Compensation. The CITY will pay and CONTRACTOR will accept in full payment for the above work, the sum of $____________. Any breach of this Agreement will relieve CITY from the obligation to pay CONTRACTOR, if CONTRACTOR has not corrected the breach after CITY provides notice and a reasonable time to correct it. If this Agreement is amended at any time, additional compensation of CONTRACTOR contained in subsequent amendment(s) shall not exceed a cumulative total of ten percent (10%) of the maximum payment provided for in this Section 2.
3. Term and Time of Performance. CONTRACTOR must start working within one (1) week from City's notice to begin. CONTRACTOR must diligently perform and complete the work by _____________. Extension of terms or time of performance may be made only upon the City's written consent.
4. Scope of Compensation. CONTRACTOR will be responsible for performance of the tasks specified in the Description of Services in “Attachment A.” No compensation will be provided for any other tasks without specific prior written consent from the CITY.
5. Performance. CONTRACTOR must faithfully perform in a proficient manner, to the satisfaction of the CITY, all the work or services described in the Description of Services, above.
Page | 19
6. City Property. All original documents, drawings, electronic media, and other material prepared by CONTRACTOR under this Agreement immediately becomes the exclusive property of the CITY, and may not be used by CONTRACTOR for any other purpose without prior written consent of the CITY.
7. Insurance Requirements.
a. The CONTRACTOR shall secure and maintain at its own cost, for all operations, the following insurance coverage, unless reduced by the City Attorney:
(1) General liability insurance. Occurrence basis with minimum limits of $1,000,000 each occurrence, $2,000,000 General Aggregate, and $1,000,000 Products/Completed Operations Aggregate; and
(2) Automobile liability insurance of $1,000,000 combined single-limit per accident for bodily injury and property damage, unless waived as provided in 7(b) below; and
(3) Workers' compensation and employer's liability insurance as required by the California Labor Code, as amended, or certificate of sole proprietorship; and
b. It is the parties’ understanding that the use of a motor vehicle is not a primary subject of this Agreement. CONTRACTOR acknowledges that operating a motor vehicle is outside the scope of this Agreement and occurs only at the convenience of CONTRACTOR. A waiver of automobile liability insurance is only effective if both sets of initials appear below, otherwise such insurance is required.
Acknowledged by CONTRACTOR _______________________
Waiver appropriate by CITY ____________________________
c. Each insurance policy required above must be acceptable to the City Attorney.
(1) Each policy must provide for written notice within no more than thirty (30) days if cancellation or termination of the policy occurs. Insurance coverage must be provided by an A.M. Best's A- rated, class V carrier or better, admitted in California, or if non-admitted, a company that is not on the Department of Insurance list of unacceptable carriers.
(2) All non-admitted carriers will be required to provide a service of suit endorsement in addition to the additional insured endorsement.
(3) Both the General Liability and the Automobile Liability policies must name the CITY specifically as an additional insured under the policy on a separate endorsement page. The endorsement must be ISO Form CG2010 11/85 edition or its equivalent for General Liability endorsements and CA 20-01 for Automobile Liability endorsements.
(4) The General Liability policy must include coverage for bodily injury and property damage arising from CONTRACTOR’s work, including its on-going operations and products-completed operations hazard.
(5) The General Liability policy must be primary and noncontributory and any insurance maintained by CITY is excess.
d. In executing this Agreement, CONTRACTOR agrees to have completed insurance documents on file with the CITY within fourteen (14) days after the date of execution. Failure to comply with insurance requirements under this Agreement will be a material breach of this Agreement, resulting in immediate termination at CITY’s option.
Page | 20
8. Indemnification. CONTRACTOR (which in this paragraph 8 includes its agents, employees and subcontractors, if any) agrees to indemnify, defend, and hold harmless the CITY from all claims, lawsuits, damages, judgments, loss, liability, or expenses, including attorneys’ fees, for any of the following:
a. Any claim of liability arising out of the negligence or any acts or omissions of CONTRACTOR in the performance of this Agreement;
b. Any personal injuries, property damage or death that CONTRACTOR may sustain while using CITY-controlled property or equipment, while participating in any activity sponsored by the CITY, or from any dangerous condition of property; or
c. Any injury or death which results or increases by any action taken to medically treat CONTRACTOR.
Stormwater Indemnification. CONTRACTOR shall further indemnify, defend, and hold harmless CITY and its officers, employees, and agents from and against any and all liabilities, claims, actions, causes of action, proceedings, suits, administrative proceeds, damages, fines, penalties, judgments, orders, liens, levies, costs and expenses of whatever nature, including reasonable attorney’s fees and disbursements, arising out of any violation, or claim of violation of the San Diego Municipal Storm Water Permit (Order No. R9-2013-0001), as amended or renewed, of the California Regional Water Quality Control Board Region 9, San Diego, which CITY might suffer, incur, or become subject by reason of or occurring as a result of or allegedly caused by the construction of the Project or the Improvements.
9. Anti-Assignment Clause. Since the CITY has relied on the particular skills of CONTRACTOR in entering this Agreement, CONTRACTOR may not assign, delegate, or sublet any duty or right under this Agreement, or any portion of the Description of Services. Any such purported assignment, delegation, or subletting will void this entire Agreement, unless the CITY has previously approved such action in writing. Unless CONTRACTOR assigns this entire Agreement, including all rights and duties herein, to a third party with the CITY’S written consent, CONTRACTOR shall be the sole payee under this Agreement. Any and all payments made pursuant to the terms of this Agreement are otherwise not assignable.
10. Costs and Attorney's Fees. In the event that legal action is required to enforce the terms and conditions of this Agreement, the prevailing party will be entitled to reasonable attorneys' fees and costs.
11. Independent Contractor. CONTRACTOR is an independent contractor and no agency or employment relationship is created by the execution of this Agreement.
12. Merger Clause. This Agreement and its Attachments, if any, are the entire understanding of the parties, and there are no other terms or conditions, written or oral, controlling this matter. In the event of any conflict between the provisions of this Agreement and any of its Attachments, the provisions of this Agreement must prevail.
13. Anti-Waiver Clause. None of the provisions in this Agreement will be waived by CITY because of previous failure to insist upon strict performance, nor will any provision be waived because any other provision has been waived by CITY, in whole or in part.
14. Severability. The invalidity in whole or in part of any provision of this Agreement will not void or affect the validity of any other provisions of this Agreement.
Page | 21
15. Choice of Law. This Agreement is governed by the laws of the State of California. Venue for all actions arising from this Agreement must be exclusively in the state or federal courts located in San Diego County, California.
16. Multiple Copies of Agreement/Counterparts. Multiple copies and/or counterparts of this Agreement may be executed, including duplication by photocopy or by computerized scanning device. Each duplicate will be deemed an original with the same effect as if all the signatures were on the same instrument. However, the parties agree that the Agreement on file in the office of the Escondido City Clerk is the copy of the Agreement that shall take precedence should any differences exist among copies or counterparts of the document.
17. Provisions Cumulative. The foregoing provisions are cumulative and in addition to and not in limitation of any other rights or remedies available to the CITY.
18. Notices to Parties. Any statements, communications or notices to be provided pursuant to this Agreement must be sent to the attention of the persons indicated below. Each party agrees to promptly send notice of any changes of this information to the other party.
19. Business License. The CONTRACTOR is required to obtain a City of Escondido Business License prior to execution of this Agreement.
20. Compliance with Applicable Laws, Permits and Licenses. CONTRACTOR shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes, codes, ordinances, regulations, and rules in effect during the term of this Agreement. This shall include, but not limited to, all California Labor Code laws regarding payment of prevailing wages and all OSHA regulations. CONTRACTOR shall obtain any and all licenses, permits, and authorizations necessary to perform the services set forth in this Agreement. Neither CITY, nor any elected nor appointed boards, officers, officials, employees, or agents of CITY, shall be liable, at law or in equity, as a result of any failure of CONTRACTOR to comply with this section.
21. Prevailing Wages. If applicable, pursuant to Section 1770 et seq. of the Labor Code, CONTRACTOR agrees that a prevailing rate and scale of wages, in accordance with applicable State and Federal Law, will be paid in the carrying out of this Agreement. CONTRACTOR shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes, codes, ordinances, regulations, and rules pertaining to the payment of prevailing wages. The prevailing rate and scale to be paid shall be the same as the ‘General Prevailing Wage Rates’ approved by the Department of Industrial Relations as of the date of the execution of this Agreement. Said rates and scales are herein referred to and adopted in this Agreement as though fully and completely set forth herein, and said scale as adopted by the Department is made a part of this Agreement by reference. Copies of the prevailing rate of per diem wages are available on the Intranet at (http://www.dir.ca.gov/DLSR). Neither CITY, nor any elected nor appointed boards, officers, officials, employees, or agents of CITY, shall be liable, at law or in equity, as a result of any failure of CONTRACTOR to comply with this section.
22. Immigration Reform and Control Act of 1986. CONTRACTOR shall keep itself informed of and comply with the Immigration Reform and Control Act of 1986. CONTRACTOR affirms that as a licensed Contractor and employer in the State of California, all new employees must produce proof of eligibility to work in the United States within the first three days of employment and that only employees legally eligible to work in the United States will be employed on this public project. CONTRACTOR agrees to comply with such provisions before commencing and continuously throughout the performance of this Agreement.
Page | 22
IN WITNESS WHEREOF, the parties below are authorized to act on behalf of their organizations, and have executed this Agreement as of the date set forth below.
CITY OF ESCONDIDO
DATE: ___________________ ___________________________
Signature
___________________________
Department or Division Head
___________________________
(Contractor Name)
DATE: ___________________ ___________________________
(Contractor Signature)
___________________________
(Title)
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
MICHAEL R. MCGUINNESS, City Attorney
BY: __________________________
THE CITY OF ESCONDIDO DOES NOT DISCRIMINATE AGAINST QUALIFIED PERSONS WITH DISABILITIES.
Page | 23
IN WITNESS WHEREOF, the parties below are authorized to act on behalf of their organizations, and have executed this Agreement as of the date set forth below.
CITY OF ESCONDIDO
DATE: ___________________ ___________________________
Jeffrey R. Epp
City Manager
___________________________
(Contractor Name)
DATE: ___________________ ___________________________
(Contractor Signature)
___________________________
(Title)
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
MICHAEL R. MCGUINNESS, City Attorney
BY: __________________________
THE CITY OF ESCONDIDO DOES NOT DISCRIMINATE AGAINST QUALIFIED PERSONS WITH DISABILITIES.
Page | 24
IN WITNESS WHEREOF, the parties below are authorized to act on behalf of their organizations, and have executed this Agreement as of the date set forth below.
CITY OF ESCONDIDO
DATE: ___________________ ___________________________
Sam Abed
Mayor
___________________________
Diane Halverson
City Clerk
___________________________
(Contractor Name)
DATE: ___________________ ___________________________
(Contractor Signature)
___________________________
(Title)
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
MICHAEL R. MCGUINNESS, City Attorney
BY: __________________________
THE CITY OF ESCONDIDO DOES NOT DISCRIMINATE AGAINST QUALIFIED PERSONS WITH DISABILITIES.
Page | 25
EXHIBIT B BIDDER'S BOND
KNOW ALL MEN BY THESE PRESENT, that we, ___________________________________, as
Principal and ________________________________________________, as Surety, are held and firmly
bound unto the CITY OF ESCONDIDO, CALIFORNIA ("City") in the penal sum of ten percent (10%)
OF THE TOTAL AMOUNT OF THE BID OF THE PRINCIPAL submitted to the City for the work
described below, lawful money of the United States, for the payment of which sum well and truly to be
made, we bind ourselves, our heirs, executors, administrators, and successors jointly and severally, firmly
by these presents. If the penal sum is expressed as a percentage rather than in dollars, Surety waives any
and all claims it may have against City at law or in equity regarding the amount of this bond.
The condition of this obligation is such that whereas the Principal has submitted the accompanying bid
incorporated herein, dated ______________________, 20__, for the
XXXXXXXXXXXXXXXXXXXXX
Now, THEREFORE, if the Principal shall not withdraw said bid within ninety (90) days after the opening
of the same or within twenty (20) days of any bid protest being resolved, whichever is greater, and shall
within fifteen (15) calendar days after the first written notice that the contract has been awarded to him
enter into a written contract with the City in accordance with the bid as accepted, and if the Principal shall
give the required bonds with good and sufficient surety or sureties for the faithful performance and proper
fulfillment of such Contract and for the protection of laborers and material men, or in the event of the
withdrawal of said bid within the periods specified, or the failure to enter into said Contract and give such
bonds within the time specified, if the Principal shall within sixty (60) days after request by the City pay
the City the difference between the amount specified in said bid and the amount for which the City may
procure the required work and/or supplies, if the latter amount be in excess of the former, then the above
obligation shall be void and no effect, otherwise to remain in full force and effect.
In the event suit is brought upon this bond by City and judgment is recovered, the surety shall pay all costs
incurred by the City in such suit, including reasonable attorney’s fees. These costs shall be in excess to
the penal sum amount.
IN WITNESS WHEREOF the parties have executed this instrument under their several seals this _____
day of ______________________, 20__, the name and corporate seal of each corporate party being hereto
affixed and these presents duly signed by its undersigned representative pursuant to authority of its
governing body.
Page | 26
*NOTE: This form is not to be used where bidder's security is provided by deposit of cashier's check,
cash, or certified check. If the penal sum is expressed as percentage, Surety waives any and all claims it
may have at law or in equity against City regarding the amount of this bond.
Two Witnesses (if individual) ________________________________
_____________________________ By: ________________________________
_____________________________ Title: ________________________________
ATTEST: (if corporation)
________________________________
Title
Corporate Seal
________________________________
Surety
By: ________________________________
Title: ________________________________
ATTEST:
________________________________
________________________________
Title
Corporate Seal
NOTE: Signature of those executing Surety must be properly acknowledged by a Notary Public.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
MICHAEL R. MCGUINNESS, City Attorney
By: ____________________________
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