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Home My WebLink About30-Public Services CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION ....,..,.. Dept: Public Services Subject: Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a new Agreement and issuance of an Annual Purchase Order in the amount of $395,990 with four (4) one-year extensions at the City's option between the City of San Bernardino and "Y" Tire Sales for new and recapped tires, tubes and related repair services for City vehicles and equipment, to be utilized by the Fleet Division. From: Ken Fischer, Director Date: September 10, 2008 Meeting Date: September 15, 2008 Synopsis of Previous Council Action: August 4,2008 Reso 2008-311 April 16, 2007 Reso 2007-126 April 17, 2006 Reso 2006-111 Interim PO with increase of $65,000 Annual PO with increase of $30,000 Annual PO with increase of $76,000 Recommended Motion: Adopt Resolution. ~- t re . Contact Person: Don Johnson, Fleet Manager Phone: 5220 Supporting data attached: Staff Report, Resolution, Vendor Service Agreement and Attachments "1" and "2". Ward: All FUNDING REQUIREMENTS: Amount: $395,990 Source: 635-341-5111 Material & Supplies Finance: Council Notes: ""_d lIerUMDn'1pA f't;.~s Agenda Item No. 30 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subject: Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a new Agreement and issuance of an Annual Purchase Order in the amount of $395,990 with four (4) one-year extensions at the City's option between the City of San Bernardino and "V" Tire Sales for new and recapped tires, tubes and related repair services for City vehicles and equipment, to be utilized by the Fleet Division. Background: The City purchases a variety of tires for use on Integrated Waste equipment, light vehicles, certified pursuit tires for police vehicles, and off road equipment. Heavy-duty truck tires may be recapped up to eight times before the tire carcass is worn out. Recapping involves replacing the tread face of the tire. The use of recapped tires provides cost savings over the use of new tires. On July 8, 2008, the Finance Department notified the Fleet Division that this purchase order needed to be bid and would not be renewed as a "selected source" as it has been done in the past. An interim purchase order was issued for $24,990. On August 4, 2008, the Mayor and Common Council approved Resolution 2008-311 authorizing an increase of $65,000 to the interim purchase order for a total of $89,990. On July 17, 2008, notices for bid # RFQ F-09-01 (Attachment "1" of Agreement) were sent to twenty-five (25) vendors, twelve of which were local vendors, the San Bernardino Area Chamber of Commerce, advertised on the City's Web Page and in the San Bernardino County Sun Newspaper. No local vendors are able to supply the tires. The bid documents requested unit pricing for new and recapped tires, tubes and related repair services, but did not guarantee a total amount. The vendor, business location, and price quote are listed below. Vendor "Y" Tire Sales Daniels Tire Service Location Los Angeles Riverside Quote $3,298.71* $3,353.28* * This total amount is the sum of 30 individual tire size prices (unit price) for equipment serviced by the Fleet Division. Overall, the unit prices for "V" Tire Sales are lower than the pricing for Daniels Tire Service. A complete bid summary sheet is attached (Attachment "2" of Agreement). Since "V" Tire Sales submitted the lowest qualified bid, staff recommends that Council authorize the execution of a new Agreement and issue an Annual Purchase Order in the amount of $395,990 to "V" Tire Sales for new and recapped tires, tubes and related repair services. Staff also recommends closing the interim purchase order before the new purchase order is issued. Financial Impact: Funds for this purchase are available in the Fleet Division FV 08-09 Budget Account No. 635-341-5111, Materials & Supplies. Recommendation: Adopt Resolution. fi eplacemeni ~'1e zfr ~O ~ 00r- 1'5- 0<-6 II RESOLUTION NO. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A NEW AGREEMENT AND ISSUANCE OF AN ANNUAL PURCHASE ORDER IN THE AMOUNT OF $395,990 WITH FOUR (4) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION BETWEEN THE CITY OF SAN BERNARDINO AND "Y" TIRE SALES FOR NEW AND RECAPPED TIRES, TUBES AND RELATED REPAIR SERVICES FOR CITY VEHICLES AND EQUIPMENT, TO BE UTILIZED BY THE FLEET DIVISION. WHEREAS, The current interim Purchase Order Number 302233 with "Y" Tire Sales will be closed and a new purchase order and agreement will be issued in the amount of $395,990. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That "Y" Tire Sales submitted the lowest bid for the purchase of new and recapped tires, tubes, and related repair services per RFQ F-09-01. SECTION 2. The Acting City Manager of the City of San Bernardino is hereby authorized to execute on behalf of said City an Agreement between the City of San Bernardino and "Y" Tire Sales, a copy of which is attached hereto, marked as Exhibit "A", and incorporated herein by this reference as fully set forth at length. SECTION 3. That pursuant to this determination the Director of Finance or 19 20 21 22 23 24 25 26 11/ 27 28 his/her designee is hereby authorized to issue a new Annual Purchase Order to "Y" Tire Sales in the amount of $395,990. SECTION 4. The Purchase Order shall reference this Resolution No. and shall read, ""Y" Tire Sales for new and recapped tires, tubes, and related repair services, not to exceed $395,990" and shall incorporate the terms and conditions of the agreement. #-30 oc, - /5 -O~ 11/ RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A NEW AGREEMENT AND ISSUANCE OF AN ANNUAL PURCHASE ORDER IN THE AMOUNT OF 2 $395,990 WITH FOUR (4) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION BETWEEN THE CITY OF SAN BERNARDINO AND "Y" TIRE SALES FOR NEW 3 AND RECAPPED TIRES, TUBES AND RELATED REPAIR SERVICES FOR CITY 4 VEHICLES AND EQUIPMENT, TO BE UTILIZED BY THE FLEET DIVISION. 5 6 7 8 1 SECTION 5. The authorization to execute the above referenced Purchase Order and Agreement is rescinded if it is not executed within sixty (60) days of the passage of this resolution. 9 III 10 III 11 12 13 14 III 15 III 16 III III III 17 III 18 III 19 20 21 III III 22 III 23 III 24 III 25 III 26 1/1 27 28 III RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A NEW AGREEMENT AND ISSUANCE OF AN ANNUAL PURCHASE ORDER IN THE AMOUNT OF $395,990 WITH FOUR (4) ONE.YEAR EXTENSIONS AT THE CITY'S OPTION BETWEEN THE CITY OF SAN BERNARDINO AND "Y" TIRE SALES FOR NEW AND RECAPPED TIRES, TUBES AND RELATED REPAIR SERVICES FOR CITY VEHICLES AND EQUIPMENT, TO BE UTILIZED BY THE FLEET DIVISION. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Approved as to Form: I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the , 2008, by the day of following vote, to wit: AYES NAYS ABSTAIN ABSENT Council Members: ESTRADA BAXTER BRINKER DERRY KELLEY JOHNSON MCCAMMACK Rachel G. Clark, City Clerk The foregoing resolution is hereby approved this day of ,2008, Patrick J. Morris, Mayor City of San Bernardino 27 28 By: kL 6~ /91 James F. Penman v City Attorney 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 VENDOR SERVICE AGREEMENT This Vendor Service Agreement is entered into this 15th day of September 2008, by and between "Y" Tire Sales ("VENDOR") and the City of San Bernardino ("CITY" or "San Bernardino"). WITNESSETH: WHEREAS, the Mayor and Common Council has determined that it is advantageous and in the best interest of the CITY to contract for new and recapped tires, tubes and related repair services for City vehicles and equipment; and WHEREAS, the City of San Bernardino did solicit and accept bids from available vendors for new and recapped tires, tubes and related repair services for City vehicles and equipment; and, WHEREAS, Vendor is the lowest bidder to provide said services to City; and, WHEREAS, this new Agreement supersedes all previous Agreements with the vendor; NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated, San Bernardino hereby engages the services of VENDOR to provide those products and services as set forth in Bid Specifications No. RFQ F- 09-0 I, for new and recapped tires, tubes and related repair services for City vehicles and equipment, dated August 7, 2008, attached hereto as Attachment "I" and incorporated herein by this reference. 2. COMPENSATION AND EXPENSES. a. For the services delineated above, the CITY, upon presentation of an invoice, shall pay the VENDOR pursuant to the bid summary sheet for vendor attached hereto as Attachment "2" and made a part hereto the not to exceed amount of $395,990, for Exhibit "A" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 new and recapped tires, tubes and related repair services for City vehicles and equipment. b. No other expenditures made by VENDOR shall be reimbursed by CITY. 3. TERM; TERMINATION. The term of this agreement shall be from September 15, 2008 through June 30, 2009, with four (4) one-year extensions at the City's option. Option year one, if exercised, shall be effective July I, 2009 through June 30, 2010. Option year two, if exercised, shall be effective July 1, 2010 through June 30, 2011. Option year three, if exercised, shall be effective July I, 2011 through June 30, 2012. Option year four, if exercised, shall be effective July 1, 2012 through June 30, 2013. Each option shall be exercised by written agreement of the parties executed on or before expiration of the current term, This Agreement may be terminated at any time by thirty (30) days prior written notice by either party. The terms of this Agreement shall remain in force unless amended by written agreement of the parties executed on or before date of expiration of current term of the agreement. 4. INDEMNITY. Vendor agrees to and shall indemnify and hold the City, its elected officials, employees, agents or representatives, free and harmless from all claims, actions, damages and liabilities of any kind and nature arising from bodily injury, including death, or property damage, based on asserted upon any or alleged act or omission of Vendor, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of service under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the City, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its Exhibit "A" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 own expense, including attorney's fees the City, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. Vendor hereby waives any and all rights to any types of express or implied indemnity against the City, its elected officials, employees, agents or representatives, with respect to third party claims against the Vendor relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 5. INSURANCE. While not restricting or limiting the foregoing, during the term of this Agreement, VENDOR shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $2,000,000,00 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the CITY's Risk Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an additional named insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished to the CITY shall require the insurer to notifY CITY of any change or termination in the policy. 6. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or sexual orientation, or any other status protected by law. 7. INDEPENDENT CONTRACTOR. VENDOR shall perform work tasks provided by this Agreement, but for all intents and purposes VENDOR shall be an independent contractor and not an agent or employee of the Exhibit "A" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for VENDOR and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. VENDOR warrants that it possesses or shall obtain, and maintain a business registration certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of VENDOR to practice its business or profession. 9. NOTICES. Any notices to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: TO THE CITY: Public Services Director 300 North "D" Street San Bernardino, CA 92418 Telephone: (909) 384-5140 TO THE VENDOR: "Y" Tire Sales 1941 N. Marianna Ave. Los Angeles, CA 90032 Telephone: (323) 223-1391 Contact: Jack Shoemaker 10. ATTORNEYS' FEES. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions or Exhibit "A" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the purposes ofthis paragraph. 11. ASSIGNMENT. VENDOR shall not voluntarily or by operation of law aSSign, transfer, sublet or encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for the termination of this Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR of VENDOR's obligation to perform all other obligations to be performed by VENDOR hereunder for the term of this Agreement. 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the State courts located in the County of San Bernardino, State of California or the U.S. District Court for the Central District of California, Riverside Division. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. 13. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit ofthe parties to this Agreement and their respective heirs, representatives, successors, and assigns. III Exhibit "A" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 15. HEADINGS. The subject headings ofthe sections of this Agreement are included for the purposes of convenience only and shall not affect the construction or the interpretation of any of its provISIOnS. 16. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability ofthe remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 17. ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement and the understanding between the parties, and supercedes any prior agreements and understandings relating to the subject manner of this Agreement. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. III III III III III III III III /1/ Exhibit "A" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 VENDOR SERVICE AGREEMENT "Y" TIRE SALES IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. ,2008 VENDOR. Dated: By: Its: ,2008 CITY OF SAN BERNARDINO Dated By: Lori Sassoon, Acting City Manager Approved as to Form: By: James F. Penman, City Attorney Exhibit "A" \ . ( "Y" TIRE SALES GOODIYEAR ~ I' . .' ATTACHMENT ''1'' 1941 Marianna Avenue. Los Angeles, California 90032 Telephone: (323) 223-1391. Fax: (323) 222-3672 August 8, 2008 CITY OF SAN BERNARDINO 300 North "D" Street 4th floor, Attn: Deborah Morrow San Bernardino, CA 92418 Re: Bid request F-09-01 for Tires - New and Recapped for Vehicles I Equipment Y Tire Sales, Inc. was incorporated in 1923. Our 35.000 square foot Commercial Truck Tire Dept and Retread Plant in Los Angeles services all of Southern California. We have serviced your city for over six years, with pick up and delivery every Monday and Tuesday & emergency deliveries daily. We look forward to many more years of servicing the City of San Bernardino. Sincerely, ~~:!~ General Manager Y TffiE SALES, INC. 1941 Marianna Ave. Los Angeles. CA 90032 PH 323 223 1391 FX 323 222 2372 CL 323 855 5443 r!l/A 1M g- O [!?' ~ 0'" o 10' Ga" 8' G" \, City of San Bemardino, Finance Department Purchasing Division Bid Documents to Be Returned RFQ F-09-01 TIRES - NEW AND RECAPPED FOR VEHICLES I EQUIPMENT CODY of Contractor License III Bid Content and Forms, General Specification #35; Instructions to Offeror(s) I BiDders Bidder Exoerience, Competency, Qualification and Profile (Vendor Document) III Proposal I Bid Content Forms Non-Collusion Affidavit (City Form) Instructions to Offeror(s) I Bidders ListiRfj af Prsllssel:l allSsoRtraGtar (City Fol'FA) III P..~..al' Qi~ C.AleAl.... ,."'" Price Form (City Form) Instructions 10 BIdders, III Bid Content and Forms Authorized Signatures Instructions to Bidders Bidder Identification III Bid Content and Fonns Addendum Received III Bid Content and Forms 90 Day Bid Validity Statement III Bid Content end Forms Authorized Signatures III BId Content .nd Forms References III ~~Co;1~ .nd Fonns Proper Identification and Submittal of Proposal/Bid Package, and Price Form Instructions to Bidders Bidders are reauested to submit this checklist completed with all bid documents. ~..._...-I ,. SECTION I. INSTRUCTIONS TO BIDDERS I. INSTRUCTIONS TO BIDDERS A. Examination of Bid Documents 1. By submitting a bid, the Bidder represents that it has thoroughly examined and become familiar with the items required under this RFQ and that it is capable of quality performance to achieve the City's objectives. 2. The City reserves the right to remove from its mailing list for future RFQs, for an undetennined period of time, the name of any Bidder for failure to accept a contract, failure to respond to two (2) consecutive RFQs andlor unsatisfactory performance. Please note that a "No Bid" is considered a response. B. Addenda Any City changes to the requirements will be made by written addendum to this RFQ. Any written addenda issued pertaining to this RFQ shall be incorporated into the terms and conditions of any resulting Purchase Order. The City will not be bound to any modifications to or deviations from the requirements set forth in this RFQ as the result of oral instruction. C. Clarifications 1. Examination of Documents Should a Bidder require clarifications of this RFQ, the Bidder shall notify the City in writing in accordance with Section C.2 below. Should it be found that the point in question is not clearly and fully set forth, the City will issue a written addendum clarifying the matter, which will be sent to all persons who have requested the RFQ. 2. Submittina Reauests a, All questions, clarifications or comments shall be put in writing and must be received by the City no later than July 23, 2008, and be addressed City of San Bernardino 300 North "0" Street 4th floor, Attn: Deborah Morrow San Bernardino, CA 92418 b. The exterior envelope of all requests for clarifications, questions and comments must be clearly labeled, "Not an Offer." The City is not responsible for failure to respond to a request that has not been labeled as such. 3 The City will also accept questions sent by facsimile machines; however, all faxed questions must be received by the City no later than the date and time specified above. Send facsimile transmissions to (909) 384-5043, attention: Deborah Morrow. c. Inquiries received after 5:00 PM, PST, July 23, 2008, will not be accepted. 3. City Responses Responses from the City will be communicated in writing to all recipients of this RFQ, and will be posted to the City's web page: www.sbcitv,org, faxed, or postmarked no later than the close of business on July 28, 2008. D. Submission of Bids 1. Date and Time All bids are to be submitted to City of San Bemardino, Attention: Deborah Morrow, Bids received after 3:00 PM. PST Auaust 7. 2008, will be rejected by the City as non-responsive. 2. Address Bids shall be addressed as follows: City of San Bernardino 300 N. "0" Street, 4th floor - Purchasing San Bernardino, CA 92418. Bids may be delivered in person to the Purchasing Division, 4th floor of the above address. 3. Identification of Bids Bidder shall submit a bid package consisting of: a) one (1) signed original and one (1) copy, (including price form) in a sealed envelope. The bid package shall be addressed as shown above, bearing the Bidder's name and address and clearly marked as follows: "RFQ F..Q9-o1 : Tires. New and Recapped for Vehicles I Equipment" 4. Acceotance of Bids 4 a. The City reserves the right to accept or reject any and all bids, or any item or part thereof, or to waive any informalities or irregularities in bids. b. The City reserves the right to withdraw this RFQ at any time without prior notice and the City makes no representations that any contract will be awarded to any Bidder responding to this RFQ. c, The City reserves the right to postpone bid opening for its own convenience, E. Pre-Contractual Expenses Pre-contractual expenses are defined as expenses incurred by the Bidder in: 1. preparing its bid in response to this RFQ; 2. submitting that bid to City; 3. negotiating with City any matter related to this bid; or 4. any other expenses incurred by the Bidder prior to date of award, if any, of the Agreement. The City shall not, in any event, be liable for any pre-contractual expenses incurred by Bidder in the preparation of its bid. Bidder shall not include any such expenses as part of its bid. F. Contract Award Issuance of this RFQ and receipt of bids does not commit the City to award a Purchase Order. The City reserves the right to postpone bid opening for its own convenience, to accept or reject any or all bids received in response to this RFQ, and to negotiate with other than the selected Bidder(s) should negotiations with the selected Bidder(s) be terminated. The City also reserves the riaht to apportion the award amona two or more Bidders. G. Acceptance of Order The successful Bidder will be required to accept a Purchase Order in accordance with and including as a part thereof the published Notice Inviting Bids, and the RFQ documents including all requirements, conditions and specifications contained therein, with no exceptions other than those specifically listed in the written purchase order. 5 .' SECTION II. TECHNICAL SPECIFICATIONS 6 City of San Bernardino TECHNICAL SPECIFICATIONS RFQ F.Q9.01 TIRES. NEW / RECAP FOR VEHICLES AND EQUIPMENT NOTICE 'SPECIAL INSTRUCTIONS TO THE BIDDER" Services: Bidder shall complete right-hand column indicating brief reasoning for exceptions to requirements when not acceptable. State "Acceptable" if requirements are agreeable as set forth in left-hand column. Equipment: Bidder shall complete right-hand column indicating specific size and or make and model of all components when not exactly as specified. State "As Specified" if item is exactly as set forth in the left-hand column, FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID A. GENERAL ACCEPT ABLE I AS SPECIFIED This specification describes the City of San Bernardino's annual need for new, recapping, and repair ottires. All materials used in the process of retreading and repairing tires shall conform to specifications. Bidders must bid for all tires as the City desires one vendor for recaps, new Qight) and new (heavy). All tires must be Goodyear or Michelin. The successful bidder shall insure Ac('~ R r/1 f$/..€ availability of tires to support a minimum of thirty (30) days of the City of San Bernardino's fleet operations, specifically the Integrated Waste Management and Police Fleets. The City of San Bernardino as purchaser reserves the right to reject any or all bids, to waive any informality in bids, to accept in whole or in part such bid or bids and to award the contract to other than the lowest bidder at its discretion, as may be deemed in the best interest of the purchaser. B. RECAPPING/RETREADING HEAVY DUTY TIRES 1. Require seamless cap with a Goodyear or Michelin Mold type bonding process or equivalent. Solice in tread area not acceotable. 7 2. Tread rubber (mold cure) shall contain no less than 50% rubber hydrocarbons by weight Tread rubber shall have a minimum of 25% and a maximum of 40% polybutadine, and have the following minimum/maximum physical properties: a. Tensile Strength (PSI) 2200 b. Elongation Percent 430 / 600 !1UEPPJ8U. c, Modulas at 300% 1100/1700 d. Hardness 60/70 e. Specific gravity 1105/1135 3. Tread Depth Requirements: a. .26/32 deep standard rib /?cce~ 'f718te b. 32/32 waste hauling lug 4. Tread Design: a. Waste hauling lug Ace. & I~ rA 61.1$ b. Standard highway rib 5. Tread Width. The tread width used shall be determined by the requirements of the casing. The ;'Ice,,/? 'nI4~er maximum acceptable width shall be used unless otherwise requested. 6. Curing Temperatures, All tires shall be cured at a temperature not to exceed 300 degrees F. /I a..rp rllqtc .' 7. Pick-up and Delivery. All tires for recapping and repairs shall be picked up and delivered to the Fleet Garage at: 182 S. Sierra Way, San Bernardino on a I'fcc.~prnq~c weekly basis. All tires shall have one-week turn around time. 8. Recapper shall perform nail hole repairs and section repairs at no additional cost to the City. /f~C'ep r~q~tt' 9. Recapped tires shall be branded using a City of San Bemardino code to indicate number of times recapped and serial number for tire tracking. Ac(.cp rAI$Le 10. Disposition of all tires picked up shall be identified on appropriate invoice. Tires not recappable shall be /I (c.~" r""L e: identified as to reason and retumed as RAR. 8 11. Below is a partial listing of tires presently being purchased/recapped. Quantities are approximate and no guarantee is made as to the actual quantities to be purchased. Tire Size and Annual Usage /lC~~Rr/l'3tc Tire Size OTY 315/80R22.5 REAR RECAP ONLY-LUG TREAD 911 315/80R22.5 RECAP STEER CERTIFIED 134 12. Successful bidder will insure that they maintain a minimum of 30 days stock of tires required to -'fee. iE~ met. e support the City of San Bemardino Fleet operations. C. NEW TIRES - UGHT AND HEAVY EQUIPMENT 1, PatroUPursuit Tires shall be certified as such by the manufacturer and be currently certified for use by ~ either the California Hig hway Patrol or Los Angeles ,4&e EI? ",St.t: County Sheriff. . 2. Police pursuit tires will be the same OEM brand of tires supplied with vehicle (Ford Crown Victoria). /Jcc.t"/? 71fI81.c 3. All passenger car tires shall have a minimum 75,000 mile rating. At:e.~P ntf/Jf.C 4. New heavy equipment tires shall be branded using the City of San Bernardino numbering system to !1t:c.t:!"r? m al.E indicate serial number and manufacturer date. D. TIRE WARRANTY AND FAILURE ADJUSTMENTS 1. Tires failing before 25% of original tread is worn shall be refunded at the full tread cost. ;f &eo &;? r;fI$LC 2. Tires failing beyond the 25% shall be adjusted on a pro-rated basis based on remaining tread. Aeecpr481..E E. LIABILITY INSURANCE The contractor shall fumish evidence of general product liability insurance in the amount of $2,000,000. Au. e p n41.1l. ,: A certificate of insurance shall accompany the quote. 9 SECTION III. BID CONTENT AND FORMS 10 III. BID CONTENT AND FORMS A. BID FORMAT AND CONTENT 1. Presentation Bids should not include any unnecessarily elaborate or promotional material. Information should be presented in the order in which it is requested. Lengthy narrative is discouraged, and presentations should be brief and concise, Bids shall contain the following: a. identification of Bidder, including name, address and telephone; b. proposed working relationship between Bidder and subcontractors, if applicable; c. acknowledgment of receipt of all RFQ addenda, if any; d. name, title, address and telephone number of contact person during period of bid evaluation; e. a statement to the effect that the bid shall remain valid for a period of not less than 120 days from the date of submittal; and f. signature of a person authorized to bind Bidder to the terms of the bid. Bidder may also propose enhancement or procedural or technical innovations to the Technical Specifications which do not materially deviate from the objectives or required content of the project. 2. Exceptions/Deviations State any exceptions to or deviations from the requirements of this RFQ, stating "technical" exceptions on the Technical Specifications form, and .contractual" exceptions on a separate sheet of paper. Where Bidder wishes to propose alternative approaches to meeting the City's technical or contractual requirements, these should be thoroughly explained, 3. Qualifications, Related Experience and References of Bidder This section of the bid should establish the ability of Bidder to satisfactorily perform the required work by reasons of experience in performing work of a similar nature; demonstrated competence in the services to be provided; strength and stability of the firm; staffing capability; work load; record of meeting schedules on similar projects; and supportive client reference. 11 Bidder shall: a, provide a brief profile of the firm, including the types of services offered; the year founded; fonn of the organization (corporation, partnership, sole proprietorship); number, size and location of offices; number of employees; b, describe the firm's experience in performing work of a similar nature to that solicited in this RFQ: c. provide, as a minimum, three (3) references as related to experience; reference shall include the name, title, address and telephone number of the person(s) a the client organization who is most knowledgeable about the work performed. 4. Appendices Information considered by Bidder to be pertinent to this RFQ and which has not been specifically solicited in any of the aforementioned sections may be placed in a separate appendix section. Bidders are cautioned, however, that this does not constitute an invitation to submit large amounts of extraneous materials; appendices should be relevant and brief. B. LICENSING AND CERTIFICATION REQUIREMENTS By submitting a bid, bidder warrants that any and all licenses andlor certifications required by law, statute, code or ordinance in perfonning under the scope and specifications of this RFQ are currently held by bidder, and are valid and in full force and effect. Copies or legitimate proof of such licensure andlor certification shall be included in bidder's response. Bids lackina caples andlor proof of said licenses andlor certifications mav be deemed non-responsive and mav be reiected. C. COST AND PRICE FORMS Bidder shall complete the Price Fonn in its entirety including: 1) all items listed and total price; 2) all additional costs associated with perfonnance of specifications; and 3) Bidder's identification infonnation including a binding signature. I Bidder shall state cash discounts offered. Unless discount payment terms are offered, payment terms shall be "Net 30 Days". Payment due dates, including discount period, will be computed from date of City acceptance of the required services or of a correct and complete invoice, whichever is later, to the date City's check is mailed, Any discounts taken will be taken on full amount of invoice, unless other charges are itemized and discount thereon is disallowed. 12 Freight terms shall be F.O.B. Destination, Full Freight Allowed, unless otherwise specified on price form. 13 PRICE FORM REQUEST FOR QUOTES: RFQ F-09-Q1 DESCRIPTION OF RFQ: Tires - New and Recapped for Vehicles I Equipment BIDDER'S NAME/ADDRESS: y TIIl.E S;ALe~ IIJC letl(l NAn "f"''''~ AvE t.()~ "p1t/(;EtGS .,"4 '1tJ1032. NAMEI TELEPHONE NO. OF AUTHORIZED REPRESENTATIVE JA<./< H SH()~""II/~c/Z. g23 22'3 1~'11 (See Next Page) 14 PRICE FORM (continued) List includes Tire Size, Annual Quantity, and Application (i.e, Light Vehicle, Heavy Vehicle, and Other.) Quantities are approximate, and no guarantee is made as to the actual quantities to be purchased, CITY PART NUMBER TIRE SIZE 21-020 31X13.5X15 4 PLY TURF (FRONT) '''' ,,~ 21-021 23X10.50X124PLYTURF .,.IoIcc> 21-029 P205/75R15 STANDARD LOAD HWY 00 ~ T. " 21-030 P195165R14 STANDARD LOAD HWY Goo 14Ft. V/. A t/:R . 21-031 P195/70R14 STANDARD LOAD HWY GD G , T: fa G. 21-032 P205170R24 STANDARD LOAD HWY 21-033 21-034 21-035 21-036 21-038 21-039 21-044 21-046 21-048 21-049 21-050 21-055 21-060 <I' 15 FY 08/09 ESTIMATED USAGE 6 7 12 4 15 8 20 16 26 40 7 29 16 8 65 410 362 18 12 COST PER TIRE ~",~i- S,-, '13 3"1.~~ ,,Sj !r(J-'2 / ,.$"/ 1,/.:;"3 . f>''''f .It. .;{ VI. /. Z. 71>- /. Z. (, ,'1 t. 21-061 LT245175R1610 PLY ALL POSITION I> 'L " 21-067 LT235/85R16 10 PLY ALL POSITION , 21-068 LT215/85R168 PLY ALL POSITION " € R 21-116 RECAP 315/80R22.5 REAR (REFUSE LUG) .a"oC ,,$"4 (if'" 21-117 255170R22.5 r;.(;OO .,1412 . / 9 21-119 RECAP 315/80R22.5 FRONT (STEER CERTFD N'/lvJI<'H'."" INN It 21-125 NEW 315/80R22.5 20 PLY HSS ~DO .. :let HSS 21-126 NEW 9R22.5 12 PLY ALL POSITION 110 6' .. 7."3 82 40 911 9/. 0 &. I( 12 z,i(t{. 0 134 / "':.z&. 60 .00 20 21-128 ZD ...,~ 39 21-130 8 21-129 12 2509 MINIMUM TREAD DEPTH FOR ALL HEAVY DUTY RECAP (LUGSTYLE) TIRES IS 32/32nds. ANNUAL PURCHASE ORDER Effective on or about September 1, 2008 through July 30, 2009 plus four (4) single year options, for City's partial requirements, on an as-needed basis, with no guaranteed usage. Option vear one, if exercised, shall be effective July 1, 2009 through June 30, 2010. Option vear two, if exercised, shall be effective July 1, 2010 through June 30, 2011, Option vear three, if exercised, shall be effective July 1, 2011 through June 30, 2012. Option year four, if exercised, shall be effective July 1, 2012 through June 30, 2013, Prices may be adjusted annually (on the day the contract was signed by the City of San Bernardino and the vendor). Under no circumstances will adjustments in the fees exceed five (5) percent per additional period. Vendor must provide the City 60 (sixty) day written notification of any proposed price increase. Price increases shall become effective 30 (thirty) days after the City receives written notification of such increases. Vendor must also pass on any decreases jn the same way. 16 CITY OF SAN BERNARDINO BID SPECIRCATlON NO. F-09-01 7/01/06 - 6/30/09 Y TIRE SAL.ES INC. PART # PRODUCT CODE SIZE DESCRIPTION CURRENT COMMENTS AUTO PRICE 21-029 402 705 436 P205175R15 GOODYEAR lNTERGITY $46.46 21-030 780 064 404 P195165R14 GOODYEAR ULTRA GRIP $56.93 21-031 402 827 047 P195170R14 GOODYEAR INTERGITY $39.66 21-032 402211436 P205l70R14 GOODYEAR INTERGITY $36.56 21-033 402406 477 P205/65R15 GOODYEAR INTERGITY $50.21 21-034 402 102477 P185170R14 GOODYEAR INTERGITY $36,51 21-035 402 645 436 P195175R14 GOODYEAR INTERGITY $39.53 21-036 187359026 P215170R14 GOODYEAR REGATTA 2 $50.94 21-038 766 387 405 P155/80R13 GOODYEAR ULTRA GRIP $38.16 21-039 402 268 047 P175170R14 GOODYEAR INTERGITY $35.61 21-044 402 431 436 P215170R15 GOODYEAR INTERGITY $48.59 21-046 732 807 500 P235170R15 GOODYEAR EAGLE RSA $74.11 21-048 732478 500 P225170R15 GOODYEAR EAGLE RSA $71.92 21-049 732 354 500 P22516OR16 GOODYEAR EAGLE RSA $70.36 21-050 732 002 500 P235/55R17 GOODYEAR EAGLE RSA $97.00 21-060 736 276 285 P215160R16 GOODYEAR ASSURANCE $63.76 L.IGHTTRUCK 21-055 744 626 802 L T235175R15 GOODYEAR WRANG RSA $81,26 21-061 749 353 434 LT245175R16 GOODYEAR WRANG RTS $97.63 21-067 744 725 502 LT235/85R16 GOODYEAR WRANG HTS $102.19 21-068 749821 060 L T215/85R16 GOODYEAR WRANG RTS $91.06 MEDIUM RADIAL 21-117 756 780 519 255170R22.5 GOODYEAR G169 $244.30 21-126 138311186 GOODYEAR G149 GOODYEAR G149 $203.75 21-128 138179919 GOODYEAR G149 GOODYEAR G149 $294.34 21-129 756 246 567 GOODYEAR G114 GOODYEARGl14 $166.65 21-130 139418053 GOODYEAR G647 GOODYEAR G647 $217.82 SPECIAL. TY 21-020 310498 579 5 31X13.5X15 CARLISLE TURF (FRONT $198.75 21-021 303 455 294 5 23X10,50X12 NANCO 4 PLY TURF $52.45 RETREADS 21-119 256 760 188 315/80R22.5 REFUSE RIB 24132 $14526 21-116 254 096 072 315/80R22.5 GDYR Gl77 LUG 32/32 $178.94 RE1READ PRICES INCLUDE ALL REPAIRS j I I I I I Actual option year pricing shall be negotiated with the successful Bidder(s) prior to exercising of any given option year. Option years shall become effective only upon issuance by the City of a duly authorized Purchase Order, Are there any other additional or incidental costs, which will be required by your J@1 in order to meet the requirements of the Technical Specifications? Yes I ~ (circle one), If you answered "Yes', please provide detail of said additional costs: Please indicate any elements of the Technical Specifications that cannot be met by your firm. NONE Have you included in your bid all informational items and forms as requestediie0 I No (circle one). If you answered "No', please explain: This offer shall remain firm for 120 days from RFQ close date. Terms and conditions as set forth in this RFQ apply to this bid. Cash discount allowable % 0 days; unless otherwise stated. payment terms are: Net thirty (30) days. In signing this bid, Bidder warrants that all certifications and documents requested herein are attached and properly completed and signed. From time to time, the City may issue one or more addenda to this RFQ. Below, please indicate all Addenda to this RFQ received by your firm, and the date said Addenda waslwere received. 17 Verification of Addenda Received Received on: Received on: Received on: Addenda No: Addenda No: Addenda No: AUTHORIZED SIGNATURE: V.,.-...L /7n < -Ph~ PRINT SIGNER'S NAME AND TITLE: -JALK.. N <HoEMAkOZ CdEUE/ZAL N14-;./A-C.€;z... DATE SIGNED ~ / 7/ oA COMPANY NAME & ADDRESS: Y TlfZ.€ <;" A.tE<<; . /UC. , PHONE: 32'S 22~ 1391 /'1'11 H.4Ii.,..f,tVu,4 /ll/c ~ /IN';>EZ.r~. CA qA!>S.z. FAX: 323 ZzZ 3'7'7-- EMAll: Yn/H2.JIl<"// tPA",.Co {oI IF SUBMITTING A "NO BID", PLEASE STATE REASON(S) BELOW: 18 NON - COLLUSION AFFIDAVIT TO: THE COMMON COUNCIL, CITY OF SAN BERNARDINO In accordance with Title 23, United States Code, Section 112, the undersigned hereby states, under penalty of perjury: That helshe has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken action in restraint of free competitive bidding in connection with RFQ F-09-01. Business Name y TI f1- 6. 5/1'-6- ~ ,/lie... BusinessAddress /41/1 HlIlltll/./J.l1l Alfe 1-o~IIJ,l/GELC~ SignatureOfbjdder~ ~ ~ :z.7-~7 c..M-nD"uuA./ n/7. p/-4ffO#'(::> 84~ . Place of Residence Subscribed and sworn before me this EJ4-~ day of ~"'4t , 200~ Notary Public in and for the County of (Lev....!; itk , State of Califomia. My commission expires D.e.c.. 'i, '2..000' ,20~, J..~SroflEUlWlENCIllERSlJH~ 1Il- Comm.l1532856 r. NOTAAY Ml!C.WOIlllll. VI -Coolly - ~ ~ Como, ell"" D.d,lOOl "( ~~~ 19 SECTION IV. GENERAL SPECIFICATIONS 20 GENERAL SPECIFICATIONS 1. Each bid shall be in accordance with Request for Quotes (RFQ) Number F-09-01. All specifications are minimum. Bidders are expected to meet or exceed these specifications as written. Bidder shall attach to their bid a complete detailed ttemization and explanation for each and every deviation or variation from the RFQ specifications and requirements. Condttional bids, or those that take exception to the RFQ specifications and requirements, may be considered non-responsive and may be rejected. 2. The City reserves the right to accept or reject any and all bids and to award a contract to the bidder whom best meets the City's requirements. This may include waiver of minor irregularities or discrepancies, or nonconfonnity to specifications in appropriate circumstances. Purchase shall be on a best buy basis after due consideration of all relevant factors, including but not limtted to, workmanship, accessibility of parts and service, known evidence of manufacturer's responsibility and record, durability and known operational record of product and suitability as well as conformity to City needs and requirements. In all cases the best interest of the City shall prevail in all contract awards. 3. The City of San Bemardino reserves the right to purchase more or less than the quanlfties specified at unit prices bid. 4. Bids shall be firm offers, subject to acceptance or rejection wtthln 120 days of the opening thereof. 5. Regular dealer. No bidder shall be acceptable who is not a reputable manufacturer or dealer of such nems as submitted for bid consideration. 6. All materials, workmanship and finish entering into the construction of the equipment must be of the best of these respective kinds and must confonn to the character of the equipment and the service for which n is intended to be used and shall be produced by use of the current manufacturing processes. "Seconds", factory rejects, and substandard goods are !!Qt acceptable. 7. Each bidder shall submn with their bid a copy of the proposed product specifications, complete detailed drawings, and other descriptive matter in sufficient detail to clearly describe the equipment, materials and parts offered. 8. Manufacturer and/or Contractor shall defend any and all sutts and assume all liability for any and all claims made against the City of San Bernardino, or any of its officials or agents for the use of any patented process, device or article fonnlng a part of equipment or any nem furnished under the contract. 9. Each bidder must state in their bid the guaranteed delivery date of product and/or services in number of calendar days from the date of contract execution by the City of San Bernardino, time is of the essence relative to this contract. Contractor shall prosecute the work continuously and diligently and shall deliver the nems at the earliest possible date following the award of the contract. 10. Each bidder shall list in their bid all factory, manufacturer's and/or dealer's warranty and/or guarantee coverage and shall submtt such written documents evidencing the same attached to the bid. 11. Successful bidder(s) (Contractor) shall furnish and deliver to the City complete equipment as bid and awarded, ready for installation and fully equipped as detailed in these specifications. lZ. Price shall be quoted F.Q,B. San Bernardino (all transportation charges shall be fully prepeid), and shall include all discounts. Bid shall include California sales tax, where applicable, computed at the rate of 7.75%, and an additional City of San Bernardino Transaction and Use Tax computed at the rate of 0.25% where applicable (this will normally be shown as a separate line nem on the price fonn). 13. City shall make payment wahin thirty (30) days after the complete delivery and acceptance of the specified aems by the City of San Bernardino and receipt of the Contractor's priced invoice. 14. All "standard equipment" is included in any bid. Bidders furnishing bids under these specifications shall supply all ttems advertised as'standard" equipment even if such items are not stipulated in the specifications, unless otherwise clearly accepted in the bid. 15. The items which the bidder proposes to furnish the City must comply in all respects with the appropriate safety regulations of all regulatory commissions of the Federal Government and the State of Califomia, whether such safety features and/or items have been specifically outlined in these specifications or not. 16. Contractor delivering equipment pursuant to these RFQ specifications shall guarantee that equipment meets specifications as set forth herein, If a is found that equipment delivered does not meet requirements of these specifications the Contractor shall be required to correct the same at their own expense, 21 (. 17. By submitting a bid, each bidder agrees that in the event complete delivery is not made within the time or times set forth pursuant to this specification, damage will be sustained by the City, and that ft is, and will be impractical and extremely difficult to, ascertain the actual damage which the City will sustain in the event of and by reason of such delay. 18. In case the delivery of the ftems under this contract is delayed due to strikes, injunctions, government controls, or by reason of any cause or circumstance beyond the control of the Contractor, the time for delivery may be extended (in the City's sole discretion) by a number of days to be determined in each instance by mutual written agreement between the Contractor and the Purchasing Manager of the City of San Bemardino. The City shall not unreasonably refuse such extension. 19, Contract. Each bid shall be submitted and received with the understanding that acceptance by the Cfty of San Bemardino of bid in response to this solicftation shall constitute a contract between the Contractor and the City. This shall bind the Contractor to furnish and deliver at the prices bid and in complete accordance wfth all provisions of RFQ No. F-ll9"()1. In most cases the basis of award will be the City's standard purchase order that mayor may not incorporate this solicftation by reference. 20. Prohibfted interest. No member, officer, or employee of the City or of any agency of the City during his tenure or for one year thereafter shall have any interest, direct or indirect in this contract or the proceeds thereof. Furthermore, the parties hereto covenant and agree that to their knowledge no board member, officer or employee of the City has any interest, whether contractual, non-contractual, financiai or otherwise, in this transaction, or in the business of the contracting party other than the City, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made in writing to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4(commencing with Section 1090) or Article 4.6 (commencing with Section 1120) of Division 4 of Title I of the Government Code of the State of Califomia. 21. One Document. These specifications, the notice inviting bids, RFQ F"()9-01, the Contractors bid, any written agreement executed by the parties, the purchase order and all documents referred to in the complete specifications and purchase order, and all written modifications of said documents shall be construed together as one document. Anything called for in anyone of said documents shall be deemed to be required equally as if called for in all. Anything necessary to complete the work property shall be performed by the contractor, whether specifically set out in the contract or not. All sections of the specifications shall be read as constftuting a whole and not as an aggregation of individual parts, and whatever is specified in one section shall be construed as applying to all sections. 22. The City of San Bernardino reserves the right to accept or reject any and all bids. 23. Prompt payment. Each bidder may stipulate in their bid a percentage prompt payment discount to be taken by the City in the event the Ctty makes payment to the Contractor within ten (10) working days of receipt of material and approval of invoice. For the purpose of this provision, payment is deemed to be made on the date of mailing of the City check. NOTE: prompt payment discounts will only be used during bid evaluation in the case of ties. 24, inquiries. Direct all inquiries to Deborah Morrow at 909-384-5086. Technicai questions may be sent via fax to 909-384-5043. The answers to material questions will be provided to all potential bidders, 25. BidlPrice forms. No bid will be acceptable uniess prices are submitted on the pricing forms furnished herein, and all required forms are completed and included wtth bid. Deliver all bids, signed and sealed, to the Purchasing Division, Finance Department at 300 North "0" Street, 4'" Floor, City Hall, San Bernardino, California 92418. CLEARLY MARK THE RFQ SPECIFICATION TITLE ''TIRES - NEW AND RECAPPED FOR VEHICLES I EQUIPMENT" AND NUMBER F"()9"()1 ON THE OUTSIDE OF THE ENVELOPE. 26. Time. All bids must be received in the Purchasing Division no later than 3:00 PM, PST, August 7, 2008, where at such time and said place bids will be publicly opened, examined and declared. Any bid may be withdrawn by bidder prior to the above scheduled time for the opening of bids. Any bid received after that time and date specified shall !iQ! be considered. 27. The City of San Bernardino reserves the right at tts own discretion to award separate contracts for each category, or to award mu~iple contracts, or to award one contract for furnishing and delivering of all equipment and/or services in all categories. 28. Equipment. In the purchase of equipment, Contractor shall be required to furnish one (1) OPERATORS MANUAL and one (1) PARTS MANUAL for all equipment bid, 29. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, ft will assign to the purchasing body all rights, tilie, and interest in and to all causes of action iI may have under Section 4 of the Clayton Act (U.S.C. Sec 15) or under the Cartwright Act (Chapter 2, 22 I commencing wtth Section 16700 of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. 30. Contractor shall indemnify, defend and hold City, tts officers, employees and agents harmless from any claim, demand, liability, suit, judgment or expense (including, without limitation, reasonable costs of defense) arising out of or related to Contractor's performance of this agreement, except that such duty to indemnify, defend and hold harmless shall not apply where injury to person or property is caused by City's willful misconduct or sole negligence. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the City shall be considered as "attorney's fees" for the purposes of this paragraph. 31. While not restricting or limiting the foregoing, during the term of this Agreemen~ Contractor shall maintain in effect policies of comprehensive public, general, and automobile Iiabilily insurance, in the amount of $1 ,000,000 combined single limit. and statutory worker's compensation coverage, end shall file copies of said policies with the City's Risk Manager prior to undertaking any work under this Agreement. The policies shall name the City as an additional insured and shall provide for ten (10) day notification to the City if said policies are terminated or materially altered. >>.- FAITHFUL PERFORMANCE BOND / BID BOND. Not reauired. The CeAlraBter '.'Allee r8~"iFed te fumiel:l a sasAier's GReGk, seRme; sResk er faithfYI fJeFklFFRaRSe eana ,/biEl BaREl mass Jaayaale is tRe ell', af SaR l;lamarGiAa iA aR ama"At 8~llalte 100% /10% aftha eid pRea la iRs"1'e Ihe saRtrasler's faitRfllI peFfarmaABe af Ihis BaRlFasl, Said SIlFBty Bhallea sllbjasl ta the apPI'El'181 af the Cirl af SaR BemaFSine, BaROS BRal1 Be in aes9Fdanse with OFEfiRaAse Ne. H21, SeGtisA 2~gg, aRa tR9 sElFpsFatieA iSSlliRg said eaAd 6hall 118'18 a ratiRg iR Besfs mast re6aRt iRSllFaRBe gllide af "P." ar eellaf, 33. Writtan contract documents, duly authorized and signed by the appropriate authority, constttute the complete and entire agreement(s) that may result from the RFQ. 34. City may, at its discretion, exercise option year renewals for up to 4 years, in one-year increments, 35. By submitting a bid, bidder warrants that any and all licenses and/or certifications required by law, statute, code or ordinance in performing under the scope and specifications of this RFQ are currently held by bidder, and are valid and in full force and effect. Copies or Iegttimate proof of such licensure and/or certification shall be included in bidder's response. Bids lackina cODies and/or Drool of said licenses and/or certifications mav be deemed non-resDonsive and mav be rejected. 35. Onca the award has been made and prior to the commencement of the job, the Cny's Municipal Code M. C. 5,04,005) requires that a Business doing business with the City, obtain and Maintenance a valid City Business Registration Certificate during the tenns of the Agreement 23 ( ': . " . .,' 1 " ~;w t-.)'--," ~. :: .,,,,,&,,,,.,,,,;; I ":.;-~t0f.:;~JltJJ '...., fg rrI.f! ". '. m S;m p(/)m . ,;o'.~ -l . . .... :-0'9 ",(:::!~ ;0-.:' '.. :.0 m., : '[z Q rn "0' (j) .' '. . ::. 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[, ::~:.... i\J' :~i~::.";'::I'~f~).;;-'._.~'. ;';;". ' i~m,2 ~''<i\l'~ t:~,-\q2 ~.~ 0,; ~'iid :.j';j; !j;@i ""'<o~l; '$1(7; .......:0> .~ 1\). ,(>:1 $;.ox 0: ,9>1 to. A ;, , '<li>:c.>Q)' " . .' -" . ::-;:>-' '.- . ":,~ .,-..... . '.' .,'.... ;.,,' ',' ....... , ..' . : ;:~.-: ~ .' l ,,'H -i !Om f8 ;': ;g t:::.' ~ i': ~. ~,;. ~:~ '11 t:!,.' -I :ii m 00 ;;;; "T1 D "T1 . o : "CD :',f. C ..... , : . . ;f >t ~'.'I. , .00 :=4 """- !iJ'Y r:-:;;,. .:.YO } ~p ",. 'llO" W (; '0 '8 "P. ~. .' :"tl' .'CJl. ii <"-! m .' z '- 0 I&~ '(1) ,~, 0: ;,"' fj::':\ ';' <, ilk..... i;t"' I'" ;.-, 1 t ~. . ~'. '{!j) ! . ., ':!: ,. I I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 VENDOR SERVICE AGREEMENT This Vendor Service Agreement is entered into this 15th day of September 2008, by and between "Y" Tire Sales ("VENDOR") and the City of San Bernardino ("CITY" or "San Bernardino"). WITNESSETH: WHEREAS, the Mayor and Common Council has determined that it is advantageous and in the best interest of the CITY to contract for new and recapped tires, tubes and related repair services for City vehicles and equipment; and WHEREAS, the City of San Bernardino did solicit and accept bids from available vendors for new and recapped tires, tubes and related repair services for City vehicles and equipment; and, WHEREAS, Vendor is the lowest bidder to provide said services to City; and, WHEREAS, this new Agreement supersedes all previous Agreements with the vendor; NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated, San Bernardino hereby engages the services of VENDOR to provide those products and services as set forth in Bid Specifications No, RFQ F- 09-01, for new and recapped tires, tubes and related repair services for City vehicles and equipment, dated August 7, 2008, attached hereto as Attachment "I" and incorporated herein by this reference. 2. COMPENSATION AND EXPENSES. a. For the services delineated above, the CITY, upon presentation of an invoice, shall pay the VENDOR pursuant to the bid summary sheet for vendor attached hereto as Attachment "2" and made a part hereto the not to exceed amount of $395,990, for 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 new and recapped tires, tubes and related repair services for City vehicles and equipment. b. No other expenditures made by VENDOR shall be reimbursed by CITY. 3. TERM; TERMINATION. The term of this agreement shall be from September 15, 2008 through June 30, 2009, with four (4) one-year extensions at the City's option. Option year one, if exercised, shall be effective July I, 2009 through June 30, 2010, Option year two, if exercised, shall be effective July 1, 2010 through June 30, 2011. Option year three, if exercised, shall be effective July I, 2011 through June 30, 2012. Option year four, if exercised, shall be effective July I, 2012 through June 30, 2013. Each option shall be exercised by written agreement of the parties executed on or before expiration of the current term. This Agreement may be terminated at any time by thirty (30) days prior written notice by either party. The terms of this Agreement shall remain in force unless amended by written agreement of the parties executed on or before date of expiration of current term of the agreement. 4. INDEMNITY. Vendor agrees to and shall indemnify and hold the City, its elected officials, employees, agents or representatives, free and harmless from all claims, actions, damages and liabilities of any kind and nature arising from bodily injury, including death, or property damage, based on asserted upon any or alleged act or omission of Vendor, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of service under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the City, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 own expense, including attorney's fees the City, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. Vendor hereby waives any and all rights to any types of express or implied indemnity against the City, its elected officials, employees, agents or representatives, with respect to third party claims against the Vendor relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement, 5. INSURANCE. While not restricting or limiting the foregoing, during the term of this Agreement, VENDOR shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $2,000,000,00 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the CITY's Risk Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an additional named insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished to the CITY shall require the insurer to notify CITY of any change or termination in the policy. 6. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or sexual orientation, or any other status protected by law. 7. INDEPENDENT CONTRACTOR. VENDOR shall perform work tasks provided by this Agreement, but for all intents and purposes VENDOR shall be an independent contractor and not an agent or employee of the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for VENDOR and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. VENDOR warrants that it possesses or shall obtain, and maintain a business registration certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of VENDOR to practice its business or profession. 9. NOTICES. Any notices to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: TO THE CITY: Public Services Director 300 North "D" Street San Bernardino, CA 92418 Telephone: (909) 384-5140 TO THE VENDOR: "Y" Tire Sales 1941 N, Marianna Ave, Los Angeles, CA 90032 Telephone: (323) 223-1391 Contact: Jack Shoemaker 10. ATTORNEYS' FEES. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions or 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the purposes ofthis paragraph. 11. ASSIGNMENT. VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for the termination of this Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR of VENDOR's obligation to perform all other obligations to be performed by VENDOR hereunder for the term of this Agreement. 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the State courts located in the County of San Bernardino, State of California or the U.S. District Court for the Central District of California, Riverside Division. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature, 13. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California, 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective heirs, representatives, successors, and assigns. III 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 15. HEADINGS. The subject headings of the sections ofthis Agreement are included for the purposes of convenience only and shall not affect the construction or the interpretation of any of its proVIsIOns. 16. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability ofthe remaining terms and provisions hereof or ofthe offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 17. ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement and the understanding between the parties, and supercedes any prior agreements and understandings relating to the subject manner of this Agreement. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. III III III III III III III III III VENDOR SERVICE AGREEMENT "Y" TIRE SALES 1 2 3 4 5 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. 6 Dated: 7 8 9 10 ,2008 Dated ,2008 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Approved as to Form: By: ~ ~ ~;. -IT~ James F. Penman, City Attornt& . VENDOR. By: Its: CITY OF SAN BERNARDINO By: Lori Sassoon, Acting City Manager ( . ( "Y" TIRE SALES GOODlfEAR ~,\~\nRMn~l'fJ) ~/ ~ ~' ~~ .., . GOODYEAR ~ {!; ~ ~ Z',fllED i\\.\~\1 ATTACHMENT "1" 1941 Marianna Avenue' Los Angeles, California 90032 Telephone: (323) 223-1391 . Fax: (323) 222-3672 August 8, 2008 CITY OF SAN BERNARDINO 300 North "D" Street 4th floor, Attn: Deborah Morrow San Bernardino, CA 92418 Re: Bid request F-09-01 for Tires - New and Recapped for Vehicles / Equipment Y Tire Sales, Inc. was incorporated in 1923. Our 35,000 square foot Commercial Truck Tire Dept and Retread Plant in Los Angeles services all of Southern California. We have serviced your city for over six years, with pick up and delivery every Monday and Tuesday & emergency deliveries daily. We look forward to many more years of servicing the City of San Bernardino. Sincerely, .~4'J---.f~ q;-~k M Shoemaker General Manager Y TIRE SALES, INC. 1941 Marianna Ave. Los Angeles. CA 90032 PH 323 223 1391 FX 323 2222372 CL 323 855 5443 rYiA & .[0" D [M" GY [B"" D 0' [;1 8' G' \ I. City of San Bemardino, Finance Department Purchasing Division Bid Documents to Be Returned RFQ F-09-01 TIRES. NEW AND RECAPPED FOR VEHICLES I EQUIPMENT CoPY of Contractor License III Bid Content and Forms, General Specification #35; Instructions to Offeror(s) I Bid'ders Bidder Exoerience, Competency, Qualification and Profile (Vendor Document) III Proposal I Bid Content Forms Non-Collusion Affidavit (City Form) Instructions to Offeror(s)/Bidders LiStiRl! Elf PFe/l9seEl SUbGORtr.aGtElr (City Farm) iii P"~..al! Bid CanteRt an<! ~OIR1S Price Form (City Form) Instructions to Bidd.... III Bid Content and Forms Authorized Signatures Instructions to Bidden; Bidder Identification iii Bid Content and Forms Addendum Received iii Bid Content and Forms 90 Day Bid Validity Statement III Bid Content and Forms Authorized Signatures iii Bid Content and Fonns References iii .';;~';!l~ and Forms Proper Identification and Submittal of ProposallBid Package, and Price Form Jnstn.ictions to Bidders Bidders are reauested to submit this checklist completed with all bid documents. SECTION I. INSTRUCTIONS TO BIDDERS i I. INSTRUCTIONS TO BIDDERS A. Examination of Bid Documents 1. By submitting a bid, the Bidder represents that it has thoroughly examined and become familiar with the items required under this RFQ and that it is capable of quality performance to achieve the City's objectives. 2. The City reserves the right to remove from its mailing list for future RFQs, for an undetermined period of time, the name of any Bidder for failure to accept a contract, failure to respond to two (2) consecutive RFQs and/or unsatisfactory performance. Please note that a "No Bid" is considered a response. B. Addenda Any City changes to the requirements will be made by written addendum to this RFQ. Any written addenda issued pertaining to this RFQ shall be incorporated into the terms and conditions of any resulting Purchase Order. The City will not be bound to any modifications to or deviations from the requirements set forth in this RFQ as the result of oral instruction. C. Clarifications 1. Examination of Documents Should a Bidder require clarifications of this RFQ, the Bidder shall notify the City in writing in accordance with Section C.2 below. Should it be found that the point in question is not clearly and fully set forth, the City will issue a written addendum clarifying the matter, which will be sent to all persons who have requested the RFQ. 2. Submittina Reauests a. All questions, clarifications or comments shall be put in writing and must be received by the City no later than July 23, 2008, and be addressed City of San Bernardino 300 North "D" Street 4th floor, Attn: Deborah Morrow San Bernardino, CA 92418 b. The exterior envelope of all requests for clarifications, questions and comments must be clearly labeled, "Not an Offer: The City is not responsible for failure to respond to a request that has not been labeled as such. 3 The City will also accept questions sent by facsimile machines; however, all faxed questions must be received by the City no later than the date and time specified above. Send facsimile transmissions to (909) 384-5043, attention: Deborah Morrow. c. Inquiries received after 5:00 PM, PST, July 23, 2008, will not be accepted. 3. City Responses Responses from the City will be communicated in writing to all recipients of this RFQ, and will be posted to the City's web page: www.sbcitv.org, faxed, or postmarked no later than the close of business on July 28, 2008. D. Submission of Bids 1. Date and Time All bids are to be submitted to City of San Bemardino, Attention: Deborah Morrow. Bids received after 3:00 PM. PST Auaust 7. 2008, will be rejected by the City as non-responsive. 2. Address Bids shall be addressed as follows: City of San Bernardino 300 N. "D" Street, 4th floor - Purchasing San Bernardino, CA 92418. Bids may be delivered in person to the Purchasing Division, 4th floor of the above address. 3. Identification of Bids Bidder shall submit a bid package consisting of: a) one (1) signed original and one (1) copy, (including price form) in a sealed envelope. The bid package shall be addressed as shown above, bearing the Bidder's name and address and clearly marked as follows: "RFQ F..o9..o1: Tires. New and Recapped for Vehicles I Equipment" 4. Acceptance of Bids 4 a. The City reserves the right to accept or reject any and all bids, or any item or part thereof, or to waive any informalities or irregularities in bids. b. The City reserves the right to withdraw this RFQ at any time without prior notice and the City makes no representations that any contract will be awarded to any Bidder responding to this RFQ. c. The City reserves the right to postpone bid opening for its own convenience. E. Pre-Contractual Expenses Pre-contractual expenses are defined as expenses incurred by the Bidder in: 1. preparing its bid in response to this RFQ; 2. submitting that bid to City; 3. negotiating with City any matter related to this bid; or 4. any other expenses incurred by the Bidder prior to date of award, if any, of the Agreement. The City shall not, in any event, be liable for any pre-contractual expenses incurred by Bidder in the preparation of its bid. Bidder shall not include any such expenses as part of its bid. F. Contract Award Issuance of this RFQ and receipt of bids does not commit the City to award a Purchase Order. The City reserves the right to postpone bid opening for its own convenience, to accept or reject any or all bids received in response to this RFQ, and to negotiate with other than the selected Bidder(s) should negotiations with the selected Bidder(s) be terminated. The City also reserves the right to apportion the award among two or more Bidders. G. Acceptance of Order The successful Bidder will be required to accept a Purchase Order in accordance with and including as a part thereof the published Notice Inviting Bids, and the RFQ documents including all requirements, conditions and specifications contained therein, with no exceptions other than those specifically listed in the written purchase order. 5 SECTION II. TECHNICAL SPECIFICATIONS 6 City of San Bernardino TECHNICAL SPECIFICATIONS RFQ F..()9.01 TIRES - NEW I RECAP FOR VEHICLES AND EQUIPMENT NOTICE "SPECIAL INSTRUCTIONS TO THE BIDDER" Services: Bidder shall complete right-hand column indicating brief reasoning for exceptions to requirements when not acceptable. State "Acceptable" if requirements are agreeable as set forth in left-hand column. Equipment: Bidder shall complete right-hand column indicating specific size and or make and model of all components when not exactly as specified. State "As Specified" if item is exactly as set forth in the left-hand column. FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID A. GENERAL ACCEPTABLE I AS SPECIFIED This specification describes the City of San Bemardino's annual need for new, recapping, and repair of tires. All materials used in the process of retreading and repairing tires shall conform to specifications. Bidders must bid for all tires as the City desires one vendor for recaps, new (light) and new (heavy). All tires must be Goodyear or Michelin. The successful bidder shall insure Ac(:~ p rl1 gl..c availability of tires to support a minimum of thirty (30) days of the City of San Bernardino's fleet operations, specifically the Integrated Waste Management and Police Fleets. The City of San Bernardino as purchaser reserves the right to reject any or all bids, to waive any informality in bids, to accept in whole or in part such bid or bids and to award the contract to other than the lowest bidder at its discretion, as may be deemed in the best interest of the purchaser. B. RECAPPING/RETREADING HEAVY DUTY TIRES 1. Require seamless cap wilh a Goodyear or Michelin Mold type bonding process or equivalent. SDlice in tread area not accentable. 7 2. Tread rubber (mold cure) shall contain no less than 50% rubber hydrocarbons by weight. Tread rubber shall have a minimum of 25% and a maximum of 40% polybutadine, and have the following minimum/maximum physical properties: a. Tensile Strength (PSI) 2200 b. Elongation Percent 430/ 600 /!UEt?PI8U' c. Modulas at 300% 1100/1700 d. Hardness 60/70 e. Specific gravity 1105/1135 3. Tread Depth Requirements: a. .26/32 deep standard rib ,fee. et? -n16t,: b. 32/32 waste hauling lug 4. Tread Design: a. Waste hauling lug AU.G~TA e'~ b. Standard highway rib 5. Tread Width. The tread width used shall be determined by the requirements of the casing. The maximum acceptable width shall be used unless Ace./? 77I4~c otherwise requested. 6. Curing Temperatures. All tires shall be cured at a temperature not to exceed 300 degrees F. /It:t:.I!'P "T;94U; .' 7. Pick-up and Delivery. All tires for recapping and repairs shall be picked up and delivered to the Fleet Garage at: 182 S. Sierra Way, San Bemardino on a 4ecepn1ql-c weekly basis. All tires shall have one-week turn around time. 8. Recapper shall perform nail hole repairs and section repairs at no additional cost to the City. ,f~C'f!" nt4l-c 9. Recapped tires shall be branded using a City of San Bemardino code to indicate number of times recapped and serial number for tire tracking. Ace.ep rAt$L e 10. Disposition of all tires piCked up shall be identified on appropriate invoice. Tires not recappable shall be "Cc.~p r4tjl. e identified as to reason and retumed as RAR. 8 11. Below is a partial listing of tires presently being purchased/recapped. Quantities are approximate and no guarantee is made as to the actual quantities to be purchased. Tire Size and Annual Usage /lc~~/?r4'3tc Tire Size OTY 315/80R22.5 REAR RECAP ONLY-LUG TREAD 911 315180R22.5 RECAP STEER CERTIFIED 134 12. Successful bidder will insure that they maintain a minimum of 30 days stock of tires required to "'Ce.~p m8'-e support the City of San Bemardino Fleet operations. C. NEW TIRES - UGHT AND HEAVY EQUIPMENT 1. PatrollPursuit Tires shall be certified as such by the manufacturer and be currently certified for use by .. either the California Highway Patrol or Los Angeles /lee. ~,~ mS'-t:; County Sheriff. 2. Police pursuit tires will be the same OEM brand of tires supplied with vehicle (Ford Crown Victoria). /1e(..~/? 7148t.e 3. All passenger car tires shall have a minimum 75,000 mile rating. At:e.~p n9I$Uf 4. New heavy equipment tires shall be branded using the City of San Bernardino numbering system to /leGIi"? m (i'-IF' indicate serial number and manufacturer date. D. TIRE WARRANTY AND FAILURE ADJUSTMENTS 1. Tires failing before 25% of original tread is worn shall be refunded at the full tread cost. ;(ee.&/n-~<'l~ 2. Tires failing beyond the 25% shall be adjusted on a pro-rated basis based on remaining tread. A e& t!p r4 (J/.e E. LIABILITY INSURANCE The contractor shall fumish evidence of general product liability insurance in the amount of $2,000,000. At:e.~P~8I.fE A certificate of insurance shall accompany the quote. 9 SECTION III. BID CONTENT AND FORMS 10 III. BID CONTENT AND FORMS A. BID FORMAT AND CONTENT 1. Presentation Bids should not include any unnecessarily elaborate or promotional material. Information should be presented in the order in which it is requested. Lengthy narrative is discouraged, and presentations should be brief and concise. Bids shall contain the following: a. identification of Bidder, including name, address and telephone; b. proposed working relationship between Bidder and subcontractors, if applicable; c. acknowledgment of receipt of all RFO addenda, if any; d. name, title, address and telephone number of contact person during periOd of bid evaluation; e. a statement to the effect that the bid shall remain valid for a period of not less than 120 days from the date of submittal; and f. signature of a person authorized to bind Bidder to the terms of the bid. Bidder may also propose enhancement or procedural or technical innovations to the Technical Specifications which do not materially deviate from the objectives or required content of the project. 2. Exceptions/Deviations State any exceptions to or deviations from the requirements of this RFQ, stating "technical" exceptions on the Technical Specifications form, and "contractual" exceptions on a separate sheet of paper. Where Bidder wishes to propose alternative approaches to meeting the City's technical or contractual requirements, these should be thoroughly explained. 3. Qualifications. Related Experience and References of Bidder This section of the bid should establish the ability of Bidder to satisfactorily perform the required work by reasons of experience in performing work of a similar nature; demonstrated competence in the services to be provided; strength and stability of the firm; staffing capability; work load; record of meeting schedules on similar projects; and supportive client reference. 11 Bidder shall: a. provide a brief profile of the firm, including the types of services offered; the year founded; form of the organization (corporation, partnership, sole proprietorship); number, size and location of offices; number of employees; b. describe the firm's experience in performing work of a similar nature to that solicited in this RFQ: c. provide, as a minimum, three (3) references as related to experience; reference shall include the name, title, address and telephone number of the person(s) a the client organization who is most knowledgeable about the work performed. 4. Appendices Information considered by Bidder to be pertinent to this RFQ and which has not been specifically solicited in any of the aforementioned sections may be placed in a separate appendix section. Bidders are cautioned, however, that this does not constitute an invitation to submit large amounts of extraneous materials; appendices should be relevant and brief. B. LICENSING AND CERTIFICATION REQUIREMENTS By submitting a bid, bidder warrants that any and all licenses and/or certifications required by law, statute, code or ordinance in performing under the scope and specifications of this RFQ are currently held by bidder, and are valid and in full force and effect. Copies or legitimate proof of such licensure and/or certification shall be included in bidder's response. Bids lacklna copies and/or proof of said licenses and/or certifications mav be deemed non-responsive and mav be reiected. C. COST AND PRICE FORMS Bidder shall complete the Price Form in its entirety including: 1) all items listed and total price; 2) all additional costs associated with performance of specifications; and 3) Bidder's identification information including a binding signature. Bidder shall state cash discounts offered. Unless discount payment terms are offered, payment terms shall be "Net 30 Days'. Payment due dates, including discount period, will be computed from date of City acceptance of the required services or of a correct and complete invoice, whichever is later, to the date City's check is mailed. Any discounts taken will be taken on full amount of invoice, unless other charges are itemized and discount thereon is disallowed. 12 Freight terms shall be F.O.B. Destination, Full Freight Allowed, unless otherwise specified on price form. 13 PRICE FORM REQUEST FOR QUOTES: RFQ F-09-D1 DESCRIPTION OF RFQ: Tires - New and Recapped for Vehicles / Equipment BIDDER'S NAME/ADDRESS: y TIIZE ~.4t.e~ I/oie.. 1e;1/1 HAIZ1I4H"'A A"E L. ()~ A"'(;E~~$ .C-4 9'tlO32. NAME/ TELEPHONE NO. OF AUTHORIZED REPRESENTATIVE ..JA~/<' "I SHI)~/'fIfI~Ctz, 32'3 22 '3 1'~9' I (See Next Page) 14 PRICE FORM (continued) List includes Tire Size, Annual Quantity, and Application (i.e. Light Vehicle, Heavy Vehicle, and Other.) Quantities are approximate, and no guarantee is made as to the actual quantities to be purchased. CITY PART NUMBER TIRE SIZE 21-020 31X13.5X15 4 PLY TURF (FRONT) t" , ,s 21-021 23X10.50X12 4 PLY TURF ."./oIt: 0 21..029 P205l75R15 STANDARD LOAD HWY Co ~.,.., 21-030 P195165R14 STANDARD LOAD HWY Goo 14n. 1/1. A G:P . 21-031 P195170R14 STANDARD LOAD HWY ~o It! , r. It G. 21-032 P205170R24 STANDARD LOAD HWY 21-033 21-034 21-035 21-036 21-038 21-039 21-044 21-046 21-048 21-049 21-050 21-055 21-060 P215160R16 STANDARD LOAD HWY GD<>e> II' #Ic<F 15 FY 08/09 ESTIMATED USAGE 6 7 12 4 15 8 20 16 26 40 7 29 16 8 65 410 362 18 12 COST PER TIRE ~" ,--rl- t" '13 3". ~~ S()-21 '.$'1 I'Nr3 . 'C'.,., .11. .~I <II. {o 7~ .., (, 21-061 LT245175R1610 PLY ALL POSITION tJ l#: Nt;, Il 21-067 LT235/85R1610 PLY ALL POSITION ~ 21-068 L T215/85R16 8 PLY ALL POSITION II' II: R 21-116 RECAP 315/80R22.5 REAR (REFUSE LUG) GII'DD ~,flt. (if" 21-117 255170R22.5 6(:1DO "AIZ . / 9 21-119 RECAP 315/80R22.5 FRONT (STEER CERTFD N'tluJl(.IH'UI wN If 21-125 NEW 315/80R22.5 20 PLY HSS t:OaOO .. Ze7 H~$ 21-126 NEW9R22.512 PLY ALL POSITION .r-~ 21-128 NEW 11R22.516 PLY ALL POSITION STEER III {j; ( 21-129 215170R17.5 12 PLY Goo "An. N~ 21-130 225170R19.5 12 PLY (;; ;Seollf' .",.mC.N~O SPa""" SN4.6r TOTAL ESTIMATED TIRES FOR FY 08/09 110 ':' .. ".~3 82 40 911 9/. or.. " 12 ZIItf.50 134 /- -":.zr.. 60 .DO 20 Zoo ."1$ 39 8 12 2509 MINIMUM TREAD DEPTH FOR ALL HEAVY DUTY RECAP (LUGSTYLE) TIRES IS 32/32nds. ANNUAL PURCHASE ORDER Effective on or about September 1, 2008 through July 30, 2009 plus four (4) single year options, for City's partial requirements, on an as-needed basis, with no guaranteed usage. Option vear one, if exercised, shall be effective July 1, 2009 through June 30, 2010. Option veartwo, if exercised, shall be effective July 1, 2010 through June 30,2011. Option vear three, if exercised, shall be effective July 1,2011 through June 30, 2012. Option year four, if exercised, shall be effective July 1,2012 through June 30, 2013. Prices may be adjusted annually (on the day the contract was signed by the City of San Bernardino and the vendor). Under no circumstances will adjustments in the fees exceed five (5) percent per additional period. Vendor must provide the City 60 (sixty) day written notification of any proposed price increase. Price increases shall become effective 30 (thirty) days after the City receives written notification of such increases. Vendor must also pass on any decreases jn the same way. 16 CITY OF SAN BERNARDINO BID SPECIRCATION NO. F-09-01 7/01/08 - 6/30/09 Y TIRE SALES INC. PART # PRODUCT CODE SIZE DESCRIPTION CURREN' COMMENTS AUTO PRICE 21-029 402 705 436 P205175R15 GOODYEAR INTERGIlY $46.46 21-030 780 064 404 P195165R14 GOODYEAR ULTRA GRIP $56.93 21-031 402 827 047 P195170R14 GOODYEAR INTERGITY $39.66 21-032 402 211436 P205170R14 GOODYEAR INTERGITY $36.56 21-033 402406477 P205/65R15 GOODYEAR INTERGITY $50.21 21-034 402102477 P185170R14 GOODYEAR INTERGITY $38.51 21-035 402 645 436 P195175R14 GOODYEAR INTERGITY $39.53 21-036 187 359 026 P215170R14 GOODYEAR REGATTA 2 $50.94 21-036 766 387 405 P155/80R13 GOODYEAR ULTRA GRIP $38.16 21-039 402 268 047 P175170R14 GOODYEAR INTERGIlY $35.61 21-044 402 431 436 P215170R15 GOODYEAR INTERGIlY $48.59 21-046 732 807 500 P235170R15 GOODYEAREAGLERSA $74.11 21-D48 732478 500 P225170R15 GOODYEAR EAGLE RSA $71.92 21-D49 732 354 500 P225I60R16 GOODYEAR EAGLE RSA $70.36 21-050 732 002 500 P235/55R17 GOODYEAR EAGLE RSA $97.00 21-060 736 276 285 P215/60R16 GOODYEAR ASSURANCE $63.76 LIGHT TRUCK . 21-055 744 826 802 L T235175R15 GOODYEAR WRANG RSA $81.26 21-061 749353434 L T245175R16 GOODYEAR WRANG RTS $97.63 21-067 744 725 502 LT235/85R16 GOODYEAR WRANG HTS $102.19 21-068 749821 060 LT215/85R16 GOODYEAR WRANG RTS $91.06 MEDIUM RADIAL 21-117 756 780 519 255170R22.5 GOODYEAR G169 $244.30 21-126 138311186 GOODYEAR G149 GOODYEAR G149 $203.75 21-128 136179919 GOODYEAR G149 GOODYEAR G149 $294.34 21-129 756 246 567 GOODYEAR G114 GOODYEAR G114 $166.65 21-130 139418053 GOODYEAR G647 GOODYEAR G647 $217.82 SPECIAL TV 21-020 310498 579 5 31X13.5X15 CARLISLE TURF (FRONT $198.75 21-021 303 455 294 5 23Xl0.50X12 NANCO 4 PL YlURF $52.45 RETREADS 21-119 256 760 188 315180R22.5 REFUSE RIB 24/32 $145.26 21-116 254 096 072 315180R22.5 GDYRGl77LUG 32/32 $178.94 RETREAD PRICES INCLUDE ALL REPAIRS I I I I I I Actual option year pricing shall be negotiated with the successful Bidder(s) prior to exercising of any given option year. Option years shall become effective only upon issuance by the City of a duly authorized Purchase Order. Are there any other additional or incidental costs, which will be required by your )iI!!1 in order to meet the requirements of the Technical Specifications? Yes / ~ (circle one). If you answered "Yes., please provide detail of said additional costs: Please indicate any elements of the Technical Specifications that cannot be met by your firm. No"'~ Have you included in your bid all informational items and forms as requested-;Qe0 / No (circle one). If you answered "No", please explain: This offer shall remain firm for 120 days from RFQ close date. Terms and conditions as set forth in this RFQ apply to this bid. Cash discount allowable % 0 days; unless otherwise stated, payment terms are: Net thirty (30) days. In signing this bid, Bidder warrants that all certifications and documents requested herein are attached and properly completed and signed. From time to time, the City may issue one or more addenda to this RFQ. Below, please indicate all Addenda to this RFQ received by your firm, and the date said Addenda was/were received. ]7 Verification of Addenda Received Addenda No: Addenda No: Addenda No: Received on: Received on: Received on: AUTHORIZED SIGNATURE: Vd /7n <-Ph~ PRINT SIGNER'S NAME AND TITLE: ...JAc...K. N <#b~MAk€fZ Ce:UE)2AL.. MfIf~A<;€/Z. DATE SIGNED: ~ / 7/ oA COMPANY NAME & ADDRESS: Y TlfZ€ <;"AhE<; . /UC. r PHONE: 320;;: 223 13~1 Iq'll HII!f.oPNu# 4-vE L.,r.; /?t</tt.'ELeCS'. CA qPt>sz FAX: 323 Zz'Z. 3''1'2- EMAIL: Yn/Z.E...JIl<.1I tPAot..cot-f IF SUBMITTING A "NO BID", PLEASE STATE REASON(S) BELOW: (. 18 " NON. COLLUSION AFFIDAVIT TO: THE COMMON COUNCIL, CITY OF SAN BERNARDINO In accordance with Title 23, United States Code, Section 112, the undersigned hereby states, under penalty of perjury: That he/she has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken action in restraint of free competitive bidding in connection with RFQ F..o9..o1. Business Name Y T/!l- E. 5AU ~ I Nt:... Business Address 1414/ NII'lJA/./I/A AlIe. /.t>~A#':';:L.E~ Signatureofbidder~ ~ ~ 2'2'/;0"7 CMfJD"uu4./ nl7. 0/,4.1'(0#':> 841Z. . Place of Residence Subscribed and sworn before me this 6"4-~ day of ~c..c,t ,2008: Notary Public in and for the County of l2..'N>vS ~L , State of Califomla. My commission expires De.~ 'i r 200g- , 20...QJ[. .1.' CltRlSrofHElSIWIEIIC_( 11I- Comm.II532856 1Il NOTMYPIIIUC.W_ -CatnIy - ~ . IIJc_e'l'"Dt'.I,lOOl l' ~~~ 19 SECTION IV. GENERAL SPECIFICATIONS 20 / GENERAL SPECIFICATIONS I. Each bid shall be in accordance with Request for Quotes (RFQ) Number F-09-01. All specifications are minimum. Bidders are expected to meet or exceed these specifications as written. Bidder shall attach to their bid a complete detailed i1emization and explanation for each and every deviation or variation from the RFQ specifications and requirements. Condilional bids, or those that take exception to the RFQ specifications and requirements. may be considered non-responsive and may be rejected. 2. The city reserves the right to accept or reject any and all bids and to award a contract to the bidder whom best meets the City's requirements. This may include waiver of minor irregularilies or discrepancies. or nonconformity to specifications in appropriate circumstances. Purchase shall be on a best buy basis after due consideration of all relevant factors, including but not limiled to, workmanship, accessibility of parts and service, known evidence of manufacturer's responsibility and record, durability and known operational record of product and suitability as well as conformity to City needs and requirements. In all cases the best interest of the City shall prevail in all contract awards. 3. The City of San Bemardino reserves the right to purchase more or less than the quantities specified at unit prices bid. 4. Bids shall be firm offers, subject to acceptance or rejection within 120 days of the opening thereof. 5. Regular dealer. No bidder shall be acceptable who is not a reputable manufacturer or dealer of such items as submitted for bid consideration. 6. All materials, workmanship and finish entering into the construction of the equipment must be of the best of these respective kinds and must conform to the character of the equipment and the service for which iI is intended to be used and shall be produced by use of the current manufacturing processes. "Seconds". factory rejects, and substandard goods are nQt acceptable. 7. Each bidder shall submit with their bid a copy of the proposed product specifications, complete detailed drawings, and other descriptive matter in sufficient detail to clearly describe the equipment, materials and parts offered. 8. Manufacturer and/or Contractor shall defend any and all suits and assume all liability for any and all claims made against the City of San Bemardino, or any of i1s officials or agents for the use of any patented process, device or article forming a part of equipment or any item furnished under the contract. 9. Each bidder must state in their bid the guaranteed delivery date of product and/or services in number of calendar days from the date of contract execution by the City of San Bernardino, time is of the essence relative to this contract. Contractor shall prosecute the work continuously and diligently and shall deliver the items at the earliest possible date following the award of the contract. 10. Each bidder shall list in their bid all factory, manufacturer's and/or dealer's warranty and/or guarantee coverage and shall submit such written documents evidencing the same attached to the bid. 11. Successful bidder(s) (Contractor) shall furnish and deliver to the City complete equipment as bid and awarded, ready for installation and fully equipped as detailed in these specifications. 12. Price shall be quoted F.O.B. San Bernardino (all transportation charges shall be fully prepaid), and shall include all discounts. Bid shall include Califomia sales tax, where applicable, computed at the rate of 7.75%, and an additional City of San Bernardino Transaction and Use Tax computed at the rate of 0.25% where applicable (this will normally be shown as a separate line item on the price form). 13. City shall make payment wilhin thirty (30) days after the complete delivery and acceptance of the specified items by the City of San Bernardino and receipt of the Contractor's priced invoice. 14. All "standard equipment" is included in any bid. Bidders furnishing bids under these specifications shall supply all i1ems advertised as .standard. equipment even if such items are not stipulated in the specifications, unless otherwise clearly accepted in the bid. 15. The ilems which the bidder proposes to furnish the City must comply in all respects with the appropriate safety regulations of all regulatory commissions of the Federal Government and the State of Califomia, whether such safety features and/or items have been specifically outlined in these specifications or not. 16. Contractor delivering equipment pursuant to these RFQ specifications shall guarantee that equipment meets specifications as set forth herein. If iI is found that equipment delivered does not meet requirements of these specifications the Contractor shall be required to correct the same at their own expense. 21 i. 17. By submitting a bid, each bidder agrees that in the event complete delivery is not made within the time or times set forth pursuant to this specification, damage will be sustained by the City, and that ~ is, and will be impractical and extremely difficullto, ascertain the actual damage which the City will sustain in the event of and by reason of such delay. 18. In case the delivery of the ~ems under this contract is delayed due to strikes, injunctions, government controls, or by reason of any cause or circumstance beyond the control of the Contractor, the time for delivery may be extended (in the City's sole discretion) by a number of days to be determined in each instance by mutual written agreement between the Contractor and the Purchasing Manager of the City of San Bernardino. The City shall not unreasonably refuse such extension. 19. Contract. Each bid shall be submitted and received with the understanding that acceptance by the C~y of San Bernardino of bid in response to this solic~ation shall constitute a contract between the Contractor and the City. This shall bind the Contractor to furnish and deliver at the prices bid and in complete accordance w~h all provisions of RFQ No. F.Q9.Q1. In most cases the basis of award will be the City's standard purchase order that mayor may not incorporate this solic~ation by reference. 20. Prohib~ed interest. No member, officer, or employee of the City or of any agency of the City during his tenure or far one yeer thereafter shall have any interest, direct or indirect in this contract or the proceeds thereof. Furthermore, the parties hereto covenant and agree that to their knowledge no board member, officer or employee of the City has any interest, whether contractual, non-eontractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made in writing to the other party or parties, even If such interest would not be considered a conflict of interest under Article 4(commencing with Section 1090) or Article 4.6 (commencing with Section 1120) of Division 4 of Tille I of the Government Code of the State of Califomia. 21. One Document. These specifications, the notice inviting bids, RFQ F.Q9-01, the Contractor's bid, any written agreement executed by the parties, the purchase order and all documents referred to in the complete specifications and purchase order, and all written modifications of said documents shall be construed together as one document. Anything called for in anyone of said documents shall be deemed to be required equally as if called for in all. Anything necessary to complete the work property shall be performed by the contractor, whether specifically set out in the contract or not. All sections of the specifications shall be read as const~uting a whole and not as an aggregation of individual parts, and whatever Is specified in one section shall be construed as applying to all sections. 22. The City of San Bemardino reserves the right to accept or reject any and all bids. 23. Prompt payment. Each bidder may stipulate in their bid a percentage prompt payment discount to be taken by the City in the event the Clly makes paymenllo the Contractor within ten (10) working days of receipt of material and approval of invoice. For the purpose of this provision, payment is deemed to be made an the date of mailing of the City check. NOTE: prompt payment discounts will only be used during bid evaluation In the case of ties. 24. Inquiries. Direct all inquiries to Deborah Morrow at 909-384-5086. Technical questions may be sent via fax to 909-384-5043. The answers to material questions will be provided to all potential bidders. 25. Bid/Price forms. No bid will be acceptable unless prices are submitted on the pricing forms furnished herein, and all required farms are completed and included with bid. Deliver all bids, signed and sealed, to the Purchasing Division, Finance Department at 300 North "0" Street, 4"' Floor, City Hall, San Bernardino, California 92418. CLEARLY MARK THE RFQ SPECIFICATION TITLE "TIRES. NEW AND RECAPPED FOR VEHICLES I EQUIPMENT" AND NUMBER F.Q9.Q1 ON THE OUTSIDE OF THE ENVELOPE. 26. Time. All bids must be received in the Purchasing Division no later than 3:00 PM, PST, August 7, 2008, where at such time and said place bids will be publicly opened, examined and declared. Any bid may be withdrawn by bidder prior to the above scheduled time for the opening of bids. Any bid received after that time and date specified shall ~ be considered. 27. The City of San Bernardino reserves the right at its own discretion to award separate contracts for each category. or to award mulliple contracts, or to award one contract for furnishing and delivering of all equipment and/or services in all categories. 28. Equipment. In the purchase of equipment, Contractor shall be required to furnish one (1) OPERATORS MANUAL and one (1) PARTS MANUAL for all equipment bid. 29. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, ~ will assign to the purchasing body all rights, tille, and interest in and to all causes of action II may have under Section 4 of the Clayton Act (U.S.C. Sec 15) or under the Cartwright Act (Chapter 2, 22 I 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 the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. 30. Contractor shall indemnify, defend and hold City, fts officers, employees and agents harmless from any claim, demand. liability, suit, judgment or expense (including, without limitation, reasonable costs of defense) arising out of or related to Contractor's performance of this agreement, except that such duty to indemnify, defend and hold harmless shall not apply where injury to person or properly is caused by City's willful misconduct or sole negligence. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the City shall be considered as "ettomey's fees" for the purposes of this paragraph. 31. While not restricting or limiting the foregoing, during the term of this Agreement, Contractor shall maintain in effect policies of comprehensive public, general, and automobile liability insurance, in the amount of $1,000,000 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the City's Risk Manager prior to undertaking any work under this Agreement. The policies shall name the City as an additional insured and shall provide for ten (10) day notification to the City if said policies are terminated or materially altered. >>,- FAITHFUL PERFORMANCE BOND I BID BOND. Not reaulred. T"e CsAt'astsr will as rs~~ireEl ts fumisR a Ga6~ier6 6Reel~, seFtmed sReslt er faithfwl peFfeFmaRSe 9S'RGI .' Bid BaRel made raaya~18 tG tf:Ie Cip" af SaR liemaFEliRB iF) BA ameum e~lJal te 1 gg% .' 1 Q% af the laiEl pnaa te iR6UFe the sBAtmsters faitllflll ~eFfermaRGe sf thia aSRtreGl. Said a~raty a"all aa a~bjsGt ts the appre'JaI sf the C~. sf SaR 8emaFEtiR9, beRds sRalllre iR aSGemaAGe \-Jith QFGiRaAGe Ne. 821, SeGtieR 2~gg, BAd the SBFf:lBr=atisR itSY;Ag said baRS BRall ~EFJB a r-atiRiI iR Best's FReet P8SBRt iRSYFBASe gl:Jide at -f." ar better. 33. Written contract documents, duly authorized and signed by the appropriate authority, constitute the complete and entire agreement(s) that may result from the RFO. 34. City may, at fts discretion, exercise option year renewals for up to 4 years, in one-year increments. 35. By submitting a bid, bidder warrants that any and all licenses andlor certifications required by law, statute, code or ordinance in perfonning under the scope and specifications of this RFO are currently held by bidder, and are valid and In full force and effect. Copies or legitimate proof of such licensure andlor certification shall be included in bidder's response. Bids lackina coDies andlor Droct of said licenses andlor certifications mav be deemed non-resoonsive and mav be rejected. 36. Once the award has been made and prior to the commencament of the job, the City's Municipal Code M.C. 5.04.005) requires that a Business doing business with the City, obtain and Maintenance a valid City Business Registration Certificate during the terms of the Agreement. 23 '. . ( ," :~.) :~ :t%::~ ,t; ~.;:;t 3' I;;CO_ I';, 'II', .'. ,....... ., ,.', I .... I . , .I. > .'. 1 - ~ <Oil "" '. . ..' N N N'.r-.) N 1><) -'" -20. ~..,:~ ~ ..i.:s... '~"" ~ ~;! ~:j .~,.' .":.'.'" Ii:: Ii' '. 1 1\ '. ",. "1., ..:.... ".. ."'. ,i. ,..... ".,..' .. .;'. ..." ',. i . , N.'r-.) ~.::'4 , ".;a-" 0,,'(:;)' (A'M CO" .~ !\J.N,)'" ....1..~ . rl,-. 0'.,,,,,. (,.).., '00. en,:; 'pl' " ., "', ,,"""f ..; , ....., .,,< ,-. <fi <fi <fi <fi <9>' <!fI ~"<!fI ~"".(I> ~'<!fI 'fR'. 4>. "'. .", <fl I' ;";:0 ." '. . f'. '" "':,.. ",1< I'> ....... :::o,~J3 ...... " .L,......, ,.. 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