BID 25-031 Bounce Imaging Products.pdf

Subject: Bounce Imaging Products Purchase

CITY OF FREMONT

Alameda County, California

CONTRACT DOCUMENTS FOR:

Bounce Imaging Products

Bid # 25-031

BID OPENING:

Monday, May 26, 2025 @ 2:00p.m.

Submit Proposals to:

http://www.bidnetdirect.com/cityoffremont

NOTICE OF INVITATION FOR BIDS

PUBLIC NOTICE IS HEREBY GIVEN THAT the City of Fremont hereby invites sealed bids for a Contract for the “Project” entitled: Bounce Imaging Products.

RECEIPT OF BIDS AND BID OPENING: Bids must be received by Periscope Holdings not later than the Bid Deadline of 2:00p.m. on Monday, May 26, 2025. The form of the bids shall be in accordance with the Instructions to Bidders.

PROJECT DESCRIPTION: The Project is more specifically defined in the Contract Documents, but generally includes the following: the purchase of Bounce Imaging cameras and technology products. No substitutions accepted.

INTENT: These specifications describe the minimum requirements for the type of product requested. It is the City’s intent to purchase these goods.

CONTRACT DOCUMENTS: Copies of the Contract Documents are available from www.bidnetdirect.com//cityoffremont. No partial sets will be issued. Bidders are encouraged to recycle Contract Documents that are no longer needed.

ALL INQUIRIES SHOULD BE ADDRESSED TO: Any questions regarding this Project should be submitted in writing to: www.bidnetdirect.com//cityoffremont by the Question and Answer deadline of Tuesday, May 20th @ 3:00p.m.. All responses will be posted to BidNet.

[C]Bid(Purchase)(03-001)

INSTRUCTIONS TO BIDDERS

1. OBTAINING COPIES OF CONTRACT DOCUMENTS

Bidders may obtain complete sets of the Contract Documents at the location designated in the Invitation for Bids.

Each bidder shall use a complete set of Contract Documents in preparing its bid.

The Contract Documents are more particularly defined in the Supplemental Instructions to Bidders and generally include all Bidding Documents (including the Invitation For Bids, these Instructions to Bidders, Supplemental Instructions to Bidders, Addenda [if any], and Bid Forms), the Purchase Order (including the Standard Terms and Conditions), and the Specifications.

The City makes copies of the Contract Documents available, on the above terms, for the sole purpose of obtaining Bids for the Work and does not confer a license or grant permission for any other use of the Contract Documents.

2. INTERPRETATION OR CORRECTION OF CONTRACT

DOCUMENTS

Bidder shall, before submitting its Bid, carefully study and compare the components of the Contract Documents and the conditions under which the Work is to be performed.

Bidder shall review the Supplemental Instructions to Bidders to determine if there are any particular requirements for this Project which may impact the preparation of the Bid, including requirements (if any) for: Bid Security, Bonds, Insurance, and any other requirements.

In the event Bidder has any question as to the meaning of any part of the Contract Documents, or Bidder finds any error, omission, inconsistency, or ambiguity in the Contract Documents, Bidder shall make a written Request for Clarification prior to submitting its Bid. Requests for clarification or interpretation of the Contract Documents shall be addressed only to www.bidnetdirect.com//cityoffremont as designated in the Invitation for Bids. It shall be the Bidder’s responsibility to ensure that any such request is submitted to www.bidnetdirect.com//cityoffremont before the question and answer period ending on May 20, 2025, at 3:00 p.m. in order to allow for the City to issue a written Addenda.

Subject: Bounce Imaging Products Purchase BID 25-031

If necessary, the City shall make clarifications, interpretations, corrections, and changes to the Contract Documents by Addenda issued as provided in Section 4 of these Instructions to Bidders, below. Purported clarifications, interpretations, corrections, and changes to the Contract Documents made in any other manner shall not be binding on the City, and Bidders shall not rely upon them.

3. PREFERENCE FOR MATERIALS

If the Contract Documents identify any particular material (including product, thing, equipment, or service), by patent, proprietary or brand name, or by name of manufacturer, followed by the phrase “no substitution,” the Contractor shall furnish the specified material for the Bid Amount and within the Contract Time.

If the Contract Documents identify any particular material without using the phrase “no substitution,” the reference to the particular material is used for the purpose of facilitating its description and shall be deemed to be followed by the words “or equal.” A listing of materials is not intended to be comprehensive, or in order of preference. No substitutions accepted

Unless a successful bidder (the Contractor) submits a request for substitution of “equal” materials concurrently with its bid, and the Contractor submits substantiating documentation to the satisfaction of the City’s Project Manager (no later than 10 working days after the Bid Deadline) which demonstrates that the proposed substitution material is “equal” to the material specified in the Contract Documents (equal in quality, utility, reliability, durability, or any other requirements identified in the Contract Documents), and unless the City’s Project Manager approves the substitution, the Contractor shall furnish the specified material for the Bid Amount and within the Contract Time. If the City’s Project Manager approves the substitution, the Contractor shall furnish the substitute material for the Bid Amount and within the Contract Time.

4. ADDENDA

Addenda will only be issued through Periscope Holdings.

Each Bidder shall be responsible for ascertaining, prior to submitting its Bid, that it has received all issued Addenda. City makes no guarantee that all Bidders will receive all the Addenda. Copies of Addenda will be made available for inspection at the office where Contract Documents are on file for inspection, as indicated on the Invitation for Bids.

Addenda withdrawing the Invitation for Bids or postponing the Bid Deadline may be issued any time prior to the Bid Deadline. If any

Addenda results in a material change (addition or deletion) to the Contract Documents, the Bid Deadline shall be extended by the City by not less than 72 hours.

Each Bidder shall acknowledge receipt of all Addenda on the Bid Form.

Failure to acknowledge receipt of Addenda may render the bid non-responsive.

5. FILLING IN BID FORMS BY BIDDERS

The City of Fremont requires that quotes and bids be submitted according to the bid instructions:

• Electronically on the Periscope Holdings System. If required by the bid, Bidders must complete the line-item pricing or Bid Spreadsheet through Periscope Holdings and supply any additional information specified by the bid. All electronic bids are secure and remain “sealed” until the bid deadline.

Bidders may modify or withdraw any quote prior to the bid close. It is the sole responsibility of the Bidder to ensure their bid is submitted before the closing date and time. The City is not responsible for any late or incomplete submissions due to technical issues that may be encountered on the website.

6. WITHDRAWAL OF BIDS

After a Bid is received by the City, the Bid may be withdrawn only by a written request signed by the Bidder. In order to cause a withdrawal of the Bid, the request must be received by the City at the place (and prior to the Bid Deadline) specified in the Invitation for Bids.

No oral request for withdrawal will be considered. No oral or written request for modification will be considered.

The withdrawal of a Bid shall not prejudice the right of the Bidder to submit a new Bid, provided the new Bid is submitted in accordance with these Bidding Requirements.

After the Bid Deadline, no bidder shall withdraw its bid for a period of at least sixty (60) calendar days following the Bid Deadline, subject to the exceptions stated in this section 6. The sixty (60) day review period may be extended upon the written request by the Project Manager, and written approval by the affected Bidders.

A Bidder shall be permitted to withdraw a Bid after the Bid Deadline only if the Bidder establishes, to the satisfaction of the Project Manager, all of the elements identified in Fremont Municipal Code section 3.20.200, including the following:

• A clerical error was made by the Bidder in filling out the Bid; and the error was not due to error in judgment or to carelessness in determining the Project requirements.

• The clerical error caused the Bid to be materially different than the

Bidder intended the Bid to be.

• The Bidder gave the City written notice within five calendar days after the Bid Deadline of the mistake, specifying in the notice in detail the nature of the mistake and how the mistake occurred.

7. OPENING AND INITIAL REVIEW OF BIDS BY THE CITY

Bids which have been submitted in accordance with the requirements of the Bidding Documents, and which are received on or before the Bid Deadline will be opened publicly and the dollar amounts of each bid shall be read aloud.

The City shall have the right to reject all Bids.

The City shall have the right to reject any Bid not accompanied by Bid Security (if required by the Supplemental Instructions to Bidders) or any other item required by the Bidding Documents, or a Bid which is in any other way incomplete or irregular.

The City shall have the right to waive irregularities in a Bid, and to award the Contract to the Lowest Responsible Bidder (as determined by the City), only if the irregularities are non-material and inconsequential.

8. CITY’S DETERMINATION OF LOWEST RESPONSIBLE BIDDER

The term “Lowest Responsible Bidder” shall mean the “Lowest Monetary Bidder” whose Bid is “responsive,” and who is “responsible” to provide the Goods required by the Contract Documents, as those terms are defined by State law and the City’s Purchasing Code (Fremont Municipal Code title 2, chapter 9). This section 8 summarizes the procedure by which the City will determine the “Lowest Responsible Bidder” in accordance with State law.

The City shall determine the “Lowest Monetary Bidder” on the basis of the Total Bid Amount, in accordance with the calculation criteria set forth on the Bid Spreadsheet.

After the “Lowest Monetary Bidder” has been determined, the Lowest Monetary Bidder’s Bid will be evaluated by the Project Manager in order to determine whether or not that Bid is “responsive.” The term “responsive” generally means that the Bid has been prepared and submitted in accordance with the requirements of the Bidding Documents.

If the Lowest Monetary Bidder’s Bid is responsive, that Bidder’s qualifications will be evaluated by the Project Manager to determine whether or not the Bidder is “responsible” to perform the Work required by the Contract Documents. The Project Manager shall review “responsibility” of Bidders in accordance with the criteria set forth in Instructions to Bidders section 10.

If the Project Manager finds that the Lowest Monetary Bidder’s Bid is not responsive, or that the Lowest Monetary Bidder is not responsible, then the Project Manager may review the responsiveness and responsibility of the next Low Monetary Bidder. This process may continue until the Project Manager finds the Lowest Monetary Bidder which is also responsive and responsible. In the event that one or more Low Monetary Bidders are found by the Project Manager to be non-responsive or non-responsible, those Bidders will be given notice and a reasonable opportunity to present additional relevant evidence to the Project Manager, within five working days after the Bidder receives the notice.

All findings by the Project Manager shall be reported as recommendations to the City’s Authorized Representative. The City reserves the right to reject any or all Bids, and to waive any irregularity. If the City’s Authorized Representative determines that it is in the City’s best interest to award the Contract, notice shall be provided to the Lowest Responsible Bidder. No Bid shall be binding upon the City until after the Purchase Order is signed by the City.

The City may investigate the responsibility and qualifications of all Bidders to whom the award is contemplated for a period not to exceed sixty (60) days after the Bid Deadline. The sixty (60) day review period may be extended upon the written request by the Project Manager and written approval by the affected Bidders.

9. CITY’S DETERMINATION OF RESPONSIBILITY

The term “responsible” generally means that the Bidder is able to demonstrate that it possesses: (1) the capacity to provide the Goods required by the Contract Documents with respect to financial strength, resources available, and experience; and (2) the integrity and trustworthiness to complete performance of the Work in accordance with the Contract Documents. The City may consider the following factors, in relation to the Goods to be purchased for this Project, in determining whether or not a Bidder is “responsible”: Demonstrated financial strength including, but not limited to, resources available.

10. BID AMOUNT

Total Bid Amount: The Bidder shall identify the Total Bid Amount, which shall equal the total dollar amount to be paid by the City to the Bidder in return for the Bidder’s provision of all Goods and the performance of work in accordance with the Contract Documents (and payment of all Bidders costs required therefore, whether or not specifically identified herein). The Total Bid Amount may also be referred to in the Contract Documents as the Contract Amount.

Taxes: Contractor shall pay all applicable state and local taxes. The City of Fremont is exempt from Federal Excise Tax.

A copy of the exemption certificate is available upon request.

Packaging and Transportation Costs: Contractor shall pay all packaging, boxing, crating, cartage, handling, insurance, transportation, loading, and unloading to the delivery points identified in the Contract Documents. Unless otherwise specifically identified, all shipments shall be F.O.B. to the Destination identified on the Purchase Order, inside delivery.

Unit Price Bids: For each bid item identified in the Bid, the Bidder shall provide a bid item unit price and verify the correct bid amount extension calculated (bid item unit price multiplied by unit quantities equals bid amount extension). In case of a math error or ambiguity, bid item unit prices shall prevail over the bid amount extensions, and bid amount extensions shall prevail over the Total Bid Amount.

Modification of Unit Quantities: Until the City’s award of the contract for this Project, the City reserves the right to modify the unit quantities by providing prior written notice to the Bidder. Modifications to the unit quantities made in accordance with this section shall not exceed 25% per bid item. Bidder agrees to provide the bid items in the revised unit quantities for the unit price set forth in the Bid submitted (and the Total Bid Amount to be paid by the City to the Contractor shall be modified accordingly).

Pricing:

Unless otherwise specified in the Bid scope, Bid price will remain firm throughout the terms of the agreement.

Alternate Bids: If the Bid form does not specifically identify alternate bid items, alternate bids proposed by the Bidder shall not be considered by the City. However, if the Bid form does specifically identify alternate bid items, the Bidder shall set forth an Alternate Item Amount for each Alternate Item.

For the purpose of determining the “Lowest Monetary Bidder” for Alternate Bid Items, in accordance with the Instructions to Bidders, the City will follow: the “Formula Method” identified below.

Formula Method: If the City follows the Formula Method, the Project Manager shall announce the amount of revenue available for the Project prior to the bid opening. The Lowest Monetary Bidder shall be the bidder with the lowest Total Bid Amount; provided, however, if the City determines that there is insufficient revenue available to fund the Total Bid Amount, the City may remove Alternate Items in accordance with this subsection, and recalculate the Lowest Monetary Bidder, accordingly. To the extent that alternates are removed in accordance with this subsection, the City shall remove alternates one at a time beginning with the last alternate and recalculate the Lowest Monetary Bidder accordingly, and compare with the amount of revenue available to fund the Project.

Local Business Preference: Pursuant to Fremont Municipal Code section 3.20.210, for the purpose of comparing bid amounts, the City shall deduct two and a half percent (2.5%) from the Total Bid Amount of any local owned business (as defined in Fremont Municipal Code section 3.20.020).

Reference: If required by bid. Provide a list of at least three

(3) references of other contracts, similar in scope to this project, which have been performed within the past three (3) years. References shall include the dates of work, scope of work, company name, address, telephone number and contact person of customers whom bidder authorizes the City to contact.

Cash Discounts: Must be indicated by filling in blanks on bottom section of Bid Sheet labeled “Cash Discounts”. City’s standard payment terms are net 30 days, as set forth on the Purchase Order. We will accept discount on payment terms, however they will not be a factor in determine the lowest monetary bidder.

Bid Sheet: Bidder hereby offers to provide to the City the Goods required by the Contract Documents (as defined in the Supplemental Instructions to Bidders), for the amounts quoted in this Bid, on Bid Sheet.

11. PROTESTS AND APPEALS

Protests may be submitted only by a party that has submitted a bid or proposal in response to the contract solicitation. A subcontractor of a bidder or proposer may not submit a protest. A party may not rely on a protest submitted by another party but must timely pursue its own protest.

Notice of Decision. After a decision to award a contract subject to these protest provisions has been made, the City shall issue a notice of intent to award by posting the notice on the designated public bulletin boards and on the City’s bid results web page.

Time to Submit Protest. All protests must be submitted in writing to the Purchasing Division before 5:00 p.m. on the fifth business day after the date of posting of the City’s notice of intent to award. The protester shall bear the risk of non-delivery within the time period specified above regardless of the method of delivery selected (facsimile, electronic mail, delivery service, United States Postal Service).

Form of Protest. All protests shall be in writing and shall contain a complete statement of: the legal grounds for the protest; all the facts relevant to the protest; and the form of relief requested and the legal basis for such relief. All protests shall be accompanied by all documentation supporting the grounds for the protest. The protest shall include the name, address and telephone number of the person representing the protesting party.

jbecerra-scola@fremont.gov mailto:jbecerra-scola@fremont.gov

12. AWARD

All Bid results will be posted to the City of Fremont web site at www.fremont.gov. and to the BidNet website at www.bidnetdirect.com//cityoffremont.

Term of Agreement The term of the Service Agreement shall commence on the date last signed by the successful Bidder and City and shall continue until completion of all services in accordance with the agreed-upon project timeline described in the Service Agreement.

Conflict of Interest Bidder must disclose any past, ongoing, or potential conflicts of interest which the Bidder may have as a result of performing the work described in this Bid.

Insurance When required by the Bid, the Bidder shall obtain, at its own expense and from an admitted insurer authorized to operate in California, the insurance coverage detailed in the City’s standard form Service Agreement (Exhibit A). A current copy of an insurance certificate, or a letter of intent to provide insurance from the issuing company (including a description of types of coverage and dollar amount limits), submitted with the RFP response may be favorably considered.

The successful Bidder shall submit a Certificate of Insurance (with endorsements) to the City concurrently with the execution of the Service Agreement and prior to the commencement of any services.

Business License When doing business in the City of Fremont the successful Bidder must either possess a current, valid Fremont business license or must have submitted a Fremont business license application and fee at the time of Agreement award in accordance with municipal code.

13. CONTRACT TIME

Time of the Essence: Time is of the essence in the performance of all obligations under this Contract, and all timing requirements shall be strictly adhered to unless otherwise modified by the City in accordance with the Contract. If awarded the Contract, Bidder http://www.fremont.gov/ agrees to provide the Service within the time specified in the Bid and Contract Documents. The Contractor shall submit all requests for extensions of time to the City, in writing, with reasonable specificity, no later than ten (10) working days after the start of the condition which purportedly caused the delay, and not later than the date on which Goods are due.

14. OTHER PUBLIC AGENCIES

Use of this Contract may be extended to other tax supported agencies that have not contracted for their own requirements and who may desire to participate in the contract. The contractor will be requested to service these agencies and will be given the opportunity to accept or reject the additional requirements. If the contractor elects to service them, orders will be placed directly by the agency and each agency will make payment directly to the contractor.

15. RECLYCLED AND WASTE REDUCTION

Bidders are encouraged to use the minimum amount of reusable, recyclable or compostable packaging necessary for product protection. Additionally, vendors should arrange to take back pallets and packaging material for reuse when possible.

16. INVOICING AND PAYMENTS

City shall make payments to Contractor for all commodities delivered by Contractor pursuant to this Contract. Contractor shall submit an invoice, in duplicate, for commodities delivered and City shall pay the invoiced fee within thirty (30) days after receipt and acceptance that invoice is correct.

1. Charges will be itemized.

2. Purchase Order numbers must be identified on all invoices.

3. Vendor invoices are subject to audit by the City for price verification.

Invoices shall be submitted to: City of Fremont Accounts Payable P.O. Box 5006 Fremont, CA 94537 or accountspayable@fremont.gov mailto:accountspayable@fremont.gov

REPRESENTATIONS OF BIDDER

(MUST BE SUBMITTED WITH BID)

By submitting this Bid, Bidder declares under penalty of perjury the following representations are true and correct:

Bidder has read and understands all requirements of the Contract Documents, and this Bid is made in accordance with those requirements. The Contract Documents are more particularly defined in the Supplemental Instructions to Bidders.

Any questions by the Bidder regarding the meaning of any part of the Contract Documents have been submitted, in writing, by the Bidder to the City, pursuant to section 2 of the Instructions to Bidders.

Bidder is familiar with all the conditions related to the proposed work, including the availability of labor, materials (including transportation, handling, delivery, and storage), equipment, and utilities (including water and electricity), and is familiar with local conditions (including weather, road access and truck routes) as related to requirements of the Contract Documents.

The Bid is based upon the materials, equipment, systems, and services required by the Bidding Documents.

The Contract Time, as specified in the Invitation For Bids, is reasonable for performing the Work and that Contractor is able to perform the Work within the Contract Time.

Bidder has the expertise and financial capacity to perform and complete all obligations required by the Contract Documents.

Bidder is aware of and, if awarded the Contract, will comply with applicable legal requirements, including all City Regulations (including payment of City business license tax) in its performance of the Work.

Pursuant to Government Code Section 4552, in submitting a Bid to the City, Bidder offers and agrees that, if the Bid is accepted, it will assign to the City all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C., Section 15) or under the Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by Bidder for the sale to City pursuant to the Bid. Such assignment shall be made and become effective at the time City tenders final payment to Bidder.

Bidder acknowledges that, unless the bidder submits a request for substitution of “equal” materials in accordance with the requirements of the Contract, and unless the City approves the substitution, the Bidder / Contractor shall furnish and install the specified material for the Bid Amount.

IN WITNESS WHEREOF, the individuals submitting this Bid represent and warrant that they have the right, power, legal capacity, and authority to sign this Bid on behalf of the Bidder, and have caused this Bid to be executed by setting hereto their names, titles, and signatures at _____________ County, in the State of

BIDDER:

(Signature) (Date)

(Name and Title of Signatories)

(Legal Name of Bidder)

(Bidder’s Street and Mailing Address)

(City, State, Zip Code)

(E-mail address)

(Telephone Number) (Fax Number)

Conflict of Interest

Each vendor must disclose any existing or potential conflict of interest relative to the performance of the contractual services as a result of this RFP/Bid. Any such relationship that might be perceived as or represent a conflict should be disclosed. By submitting a proposal in response to this RFP/Bid, vendors affirm that they have not given, nor intend to give at any time hereafter, any economic opportunity, future employment, gift, loan gratuity, special discount, trip, favor or service to a public servant or any employee or representative of same, in connection with this procurement. Any attempt to intentionally or unintentionally conceal or obfuscate a conflict of interest will automatically result in the disqualification of a vendor’s proposal. An award will not be made where a conflict of interest exists. The City will determine if a conflict of interest exists and whether it may reflect negatively on the City’s selection of a vendor. The City reserves the right to disqualify any vendor on the grounds of actual or apparent conflict of interest.

Collusion This is to certify that the undersigned bidder has neither directly nor indirectly entered into an agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with this proposal submitted this date to the City of Fremont.

All terms and conditions of this Request for Proposal have been thoroughly examined and are understood.

NAME OF BIDDER_______________________________________________

AUTHORIZED REPRESENTATIVE_____________________________________

SIGNATURE________________________________________________

TITLE_____________________________________________

ADDRESS __________________________________________________________

SPECIFICATIONS

The City of Fremont is seeking bids for the purchase of the Bounce Imaging technology products listed below. Only authorized distributors can be used. No substitutions accepted. The bidder confirms that they are an authorized distributor of Bounce Imaging products.

(Signature) (Date)

(Name and Title of Signatories)

Line

Number Item Name (Part

Number) Description Service

Duration (Months)

Quantity Unit Price

Sales Tax (if applicable)

Line item Total

1 20500-020CH.2 Bounce Imaging Explorer Recce 360 Mini MK2 Ki

N/A 1

2 20500-040NZ-KIT Bounce Imaging Explorer UNLEASHED 4G

3.0 Kit

N/A 3

3 20500-042 HeatSeeker Thermal Pole Camera Attachment N/A 1

4 FZR Ruggedized Android Table N/A 1

Sub Total- $________________________ Shipping - $________________________ Sales Tax (10.25%) - $________________ Grand Total - $______________________

Estimated Lead Time:_____________________________ This may become a factor in the decision to award

SUPPLEMENTAL INSTRUCTIONS TO BIDDERS

Contract Documents.

Identification of Contract Documents. The Contract Documents are hereby defined to include the following documents: all Bidding Documents (including the Invitation For Bids, Instructions to Bidders, Addenda [if any], and Bid Forms), the Purchase Order.