HomeMy WebLinkAbout2008-286
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RESOLUTION NO. 2008-286
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
ISSUANCE OF AN ANNUAL PURCHASE ORDER WITH THREE SINGLE YEAR
RENEWAL OPTIONS TO SOUTHERN COUNTIES LUBRICANTS LLC OF
ORANGE, CA. FOR AUTOMOTIVE, HEAVY TRUCK AND HEAVY EQUIPMENT
LUBRICANTS TO BE UTILIZED BY THE PUBLIC SERVICES DEPARTMENT
FLEET DIVISION.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the 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 Southern Counties Lubricants LLC, a copy of which is attached hereto,
marked Exhibit "A" and incorporated herein by reference as fully as though set forth at
length.
SECTION 2. That Southern Counties Lubricants LLC provides lubricants for
automotive, heavy truck and heavy equipment and was the lowest responsive bidder
to RFQ F-08-22. Pursuant to this determination, the Purchasing Manager is hereby
authorized to issue an Annual Purchase Order to Southern Counties Lubricants LLC,
in an amount not to exceed $110,000 beginning in Fiscal Year 2008/2009.
SECTION 3. The Purchase Order shall reference this Resolution No. 2008-
286 and shall read, "Southern Counties Lubricants LLC, for lubricants, P.O.
No. , not to exceed $110,000", and shall incorporate the terms and conditions
of the Agreement.
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July 15, 2008
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2008-286
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
ISSUANCE OF AN ANNUAL PURCHASE ORDER WITH THREE SINGLE YEAR
RENEWAL OPTIONS TO SOUTHERN COUNTIES LUBRICANTS LLC OF
ORANGE, CA. FOR AUTOMOTIVE, HEAVY TRUCK AND HEAVY EQUIPMENT
LUBRICANTS TO BE UTILIZED BY THE PUBLIC SERVICES DEPARTMENT
FLEET DIVISION.
SECTION 4. The authorization to execute the above-referenced Agreement is
rescinded if it is not executed within sixty (60) days of the passage of this resolution.
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July 15, 2008
2008-286
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
ISSUANCE OF AN ANNUAL PURCHASE ORDER WITH THREE SINGLE YEAR
RENEWAL OPTIONS TO SOUTHERN COUNTIES LUBRICANTS LLC OF
ORANGE, CA. FOR AUTOMOTIVE, HEAVY TRUCK AND HEAVY EQUIPMENT
LUBRICANTS TO BE UTILIZED BY THE PUBLIC SERVICES DEPARTMENT
FLEET DIVISION.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a joint regular
meeting thereof, held on the 21st day of July
, 2008, by the
following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA x
BAXTER x
BRINKER x
DERRY x
KELLEY x
JOHNSON x
MCCAMMACK x
The foregoing resolution
July , 2008.
(2jOJ., I I.:J. ~_
~~;~~~ark, City ClerkQ
is hereby approved this c:t3-1 day of
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Pa rick J. Morris, ayor
of San Bernardino
July 15, 2008
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2008-286
VENDORSER~CEAGREEMENT
This Vendor Service Agreement is entered into this 21st day of July
2008, by and between Southern Counties Lubricants LLC ("VENDOR") and the City of San
Bernardino ("CITY" or "San Bernardino").
WITNESSETH:
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WHEREAS, the Mayor and Common Council have determined that it is advantageous
and in the best interest of the CITY to contract for automotive, hea~y truck and heavy
equipment lubricants; and
WHEREAS, the City of San Bernardino did solicit and accept quotes from avaihible
vendors for automotive, heavy truck and heavy equipment lubricants.
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 automotive, heavy truck and heavy equipment lubricants as set forth in
this purchase agreement per bid #RFQ F-08-22. A copy of RFQ F-08-22 is attached hereto,
marked "Attachment I" and by this reference made a part hereof.
.
2. COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR up to the amount of$IIO,OOO.OO for automotive, heavy truck and
heavy equipment lubricants.
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
3. TERM.
This Agreement will be effective on July 1,2008 through June 30, 2009 with three (3)
one-year extensions at the City's option. Option year one, if exercised, shall be effective July
EXHIBIT "A"
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2008-286
1,2009 through June 30, 2010. Option year two, if exercised, shall be effective July 1,2010
through June 30, 20 II. Option year three, if exercised, shall be effective July I, 20 II through
June 30, 2012. Actual option year pricing shall be negotiated with VENDOR prior to
exercising any given option year. Each option shall be exercised in the matter set forth in
Section 16.
.
ThisAgreement 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 mutually amended as
provided in Section 16.
4. INDEMNITY.
CITY agrees to indemnify and hold harmless VENDOR, its officers, agents and
volunteers from any and all claims, actions, or losses, damages and/or liability resulting from
CITY's negligent acts or omissions arising from the CITY's performance of its obligations
under the Agreement.
VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and
volunteers from any and all claim, actions, or losses, damages and/or liability resulting from
VENDOR's negligent acts or omissions arising from the VENDOR's performance of its
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obligations under the Agreement.
In the event the CITY and/or the VENDOR is found to be comparatively at fault for any
claim, action, loss, or damage which results from their respective obligations under the
Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this
comparative fault.
5. INSURANCE.
While not restricting or limiting the forgoing, during the term of this Agreement,
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
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2008-286
liability insurance, in the amount of $1,000,000.00 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 shaH 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, except as permitted pursuant to Section
12940 of the California Government Code.
7. INDEPENDENT CONTRACTOR.
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
purposes VENDOR shall be an independ~nt contractor and not an agent or employee of the
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 license, 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,
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2008-286
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:
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TO THE CITY:
Public Services Director
300 North "D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
TO THE VENDOR:
Southern Counties Lubricants LLC
1825 W. Collins Avenue
Orange, CA 92863-5765
Telephone: (714) 453-6230
Attn: Melissa Carson
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
provisions hereof. The costs, salary and expenses of the City Attorney and members of his
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office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
fees" for the purposes of this 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
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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 the
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.
15. HEADINGs.
The subject headings ofthe sections of this Agreement are included for the purposes of
convenience only and shall not affect ~e construction or the interpretation of any of its
provIsions.
16. 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.
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2008-286
VENDOR SERVICE AGREEMENT
SOUTHERN COUNTIES LUBRICANTS LLC
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated:~' 2008
v~m
By: J.. _ A./'-..
Its: ~IJsn"\o><& ~~~~ ~~r:
.
Dated '-9u -kJ ol3 ,2008
ERNARDINO
By:
Approved as to Form:
es F. Penman, City Attorney
Attachment "1"
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April 17, 2008
SUBJECT: NOTICE INVITING BIDS (RFQ) F-OS-22
The City of San Bernardino (City) invites bids from qualified vendors for:
Lubricants
Parties interested in obtaining a copy of this RFQ F-08-22, may do so by accessing the
City of San Bernardino Web Page at www.sbcitv.ora > Request for Bids> City Finance
beginning April 17, 200S or by faxing their request to (909) 384-5043, attention Sylvia
Londean. Please include the following information in your request: name and address
of firm; name, telephone and facsimile number of contact person; specify RFQ F-08-22.
Copies of the RFQ may also be obtained by calling Deborah R. Morrow, at (909) 384-
5086, Sylvia at (909) 384-5348, or in person at City Hall, 300 N. "0" St., 4th floor,
Purchasing, San Bernardino, CA 92418.
Closing Date: Bids must be submitted at or before 4:00 PM, PST, May S, 200S, at the
address listed above.
Issuance of this RFQ andlor receipt of bids do not commit City to award a contract.
Sincerely,
Deborah R. Morrow,
Purchasing Manager
SECTION I.
INSTRUCTIONS TO BIDDERS
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City of San Bernardino, Finance Department
Purchasing Division
Bid Documents to Be Returned
RFP F-08-22
LUBRICANTS
Copy of Contractor License III Bid Content and Forms, General Specification #35, Instructions to Offeror(s)
f Bidders
Bidder Exgerience, Competency, Qualification and Profile (Vendor Document) III
Proposal! Bid ontent Forms
Non-Collusion Affidavit (City Form) Instructions to Offeror(s)I Bidders
Listing of Proposed Subcontractor (City Form) III Proposal I Bid Content and Forms
Price Form (City Form) Instructions to Bidders, III Bid Content and Forms
Authorized Signatures instructions to Bidders
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 Forms
References III Bid Content and Forms
Calendar Day Acknowledgment of Delivery of Materials or Services General
Specifications #9
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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.
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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 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 April 24. 2008 and be
addressed as follows:
City of San Bernardino
300 North "0" Street
4th floor, Finance
Attn: Deborah R. 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
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is not responsible for failure to respond to a request that has not
been labeled as such.
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 R. Morrow,
Purchasing Manager.
c. Inquiries received after April 24, 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 postmarked no later than May 1, 2008.
O. Submission of Bids
1. Date and Time
All bids are to be submitted to the City of San Bemardino, Attention:
Deborah R. Morrow. Bids received after 4:00 PM. PST Mav 8. 2008, will
be rejected by the City as non-responsive.
2. Address
Bids shall be addressed as follows:
City of San Bernardino
4th Floor, Finance
RFQ F-08-22
300 N. "0" Street, 4th floor
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 two (2) copies, and
b) One (1) signed Price form, and two (2) copies.
The bid package shall be addressed as shown above, bearing the
Bidder's name and address and clearly marked as follows:
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"RFQ F-08-22:
Lubricants"
4. Acceptance of Bids
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.
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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.
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SECTION II.
TECHNICAL SPECIFICATIONS
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City of San Bernardino
TECHNICAL SPECIFICATIONS
RFQ F-08-22
LUBRICANTS
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
REQUIREMENTS ACCEPT ABLE I AS
SPECIFIED
GENERAL
The contractor shall provide premium engine oil,
transmission oil, hydraulic oil as well as other
grease and lubricants for gasoline, diesel and
alternative fuel vehicles such as liquid natural gas
(LNG).
BULK PRODUCTS
1. SAE GRADE 15W/40
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Fully qualified diesel and gasoline HD crankcase
lubricants: API Service Classification CD-CDII-CE
CF4/SG-SH-ED, MIL Spec MIL-L2104F.
Manufacturer Spec: Cumm NTC 400, Mach EO-
K/2&EO-L, Ford ESE-M2C 153-E, GM 6094-M,
Chrysler MS 6395-F, CAT TO-2, Allison C4/C3.
(price/gallon)
2. SAE GRADE 15W/40 - NATUAL GAS ENGINE
OIL
Must comply with Cummins Engineering Standard
(CES) 20074 and Detroit Diesel Standard 7SE272-
9510. Maximum allowable sulfated ash content
.6%.
3. SAE GRADE 10W/30
Fully qualified Passenger Car Motor Oil: API
Service Classification SH-SG, EC-11, 1 LSAC.
Manufacturer Performance Requirements: Ford
ESE-M2C1S3-E, GM 6094-M. (price/gallon)
4. SAE GRADE 5W-20
Must provide optimum fuel economy and durability
performance. Must be specifically designed to
meet the demanding requirements of newer Ford
and Honda vehicles that specify 5W-20 oil. API
Service Categories SL (SAE 5W-20), SJ. Energy
Conserving for API SL (SAE 5W-20). ILSAC GF-3
(SAE 5W-20).
Ford WSS-M2C 153-H (SAE 5W-20). Japanese
(JASO) Valvetrain Wear. Chrysler MS 6395-H
5. DEXRON III - MERCON FLUID
High performance multipurpose power
transmission fluid as approved under Dexron
III and Mercon specifications. Manufacturer
specification requirements: GM Dexron III,
Ford Mercon, Daimlee-Benz, Allison CH
Fluid, Voith DIWA transmission.
(price/gallon)
6. SYNTHETIC TRANSMISSION FLUID
Must meet the performance requirements of
Allison TES-295 for severe duty and
extended drain intervals. Must meet or
exceed manufacturer's performance
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requirements for Allison C-4, Ford MERCON,
General Motors DEXRON-III, Voith ZF (for
extended drain intervals). Must meet the
following qualifications:
Allison C-4 (C4-29993800)
Ford MERCON (M000602)
General Motors DEXRON-III (G-34090)
Voith (G607)
ZF (TE-ML 14B)
7. HYDRAULIC OIL AW ISO 68
Anti-wear Hydraulic Oil AGMA Specification 2R&0-
type mineral oil meeting all major performance
manufacturer requirements. (price/Qallon)
PACKAGE PRODUCTS
1. MULTI-PURPOSE E.PGR NLG1 2
400 LBS. Bbl and Yo (120 lb.) drum. Multipurpose
EP lithium 12-hydroxysterate thickener, EP
additives, R&O inhibitors. Timken OK load, 401b.
(price/pound)
2. PREMIMUM MULTI-PUR;OSE E.P. GR NLG1 2
Pail (35 lb.) Superior Multi-purpose EP lithium 12-
hydroxysterate thickener, EP and tackiness
additives, R&O inhibitors. Timken OK load 60 to 70
Ibs. (price/pound)
3. ALL PURPOSE GL5 SAE 80W/90 or SAE
85W/140
400 lb. Bbl and Yo (120Ib.) drum. Multipurpose
Universal Gear Lubricant for use in spiral bevel and
hypoid differentials, power dividers, and wet axle
lubrication. MIL-L-2105D, API Service Classification
GL-5. (price/pound)
MANDATORY BID ITEMS
The contractor shall provide pricing for all bid items
on the attached materials list. All materials are
mandatory bid. Bids containing incomplete
mandatory bid item pricing may be considered non-
responsive.
INVENTORY
The contractor shall provide in-site inventory and
replenish stock as needed and approved on a
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weekly basis. There shall be no cost for inside
inventorv service.
ANALYSIS SERVICES
The contractor shall provide oil and fluid analysis
services with a maximum ten (10) day turn-around
using second-day deliver at the City's request
The contractor shall provide a quote on providing
analysis for heavy vehicles at each oil/fluid change.
Contractor shall provide list of items to be analyzed
with Quote.
MSDS SHEETS
The contractor shall provide MSDS sheets for all
lubricants. as required.
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SECTION III.
BID CONTENT AND FORMS
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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 90 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. ExceDtions/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 EXDerience 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;
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strength and stability of the firm; staffing capability; work load; record of
meeting schedules on similar projects; and supportive client reference.
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, Eight (8) references from current
customers of a similar size as the City as related experience;
reference shall furnish 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 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 lackina copies and/or
proof of said licenses and/or certifications may be deemed non-responsive
and may 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.
14
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.
Freight terms shall be F.O.B. Destination, Full Freight Allowed, unless otherwise
specified on price form.
15
PRICE FORM
REQUEST FOR QUOTES:
RFQ F-08-22
DESCRIPTION OF RFQ:
Lubricants
BIDDER'S NAME/ADDRESS:
NAME/TELEPHONE NO. OF
AUTHORIZED REPRESENTATIVE
Email:
Please provide detailed Firm Fixed Price cost information in the spaces provided below and
any other incidental or additional costs required to complete the Technical Specification
requirements.
NOTE: List prices on this sheet onlv. List unit prices for each or unit of measure
plus number of items in the case, box, etc. For example, if unit of measure is a
box, Box/100 (units)
Unit
Item Lubricants Descriptions Quantity Price
1 SAE Grade 15W/40 Gal
2 SAE Grade 15W/40 Natural Gas Engine Oil Gal
3 SAE Grade 10W/30 Gal
4 SAE Grade 5W-20 Gal
5 Dexon III - Mercon Fluid Gal
16
6 Synthetic Transmission Fluid Gal
7 Hydraulic Oil AW ISO 68 Gal
Quantity Unit
Item Packaae Products Price
1 Multi-Purpose E.PGR NLG1 2 LB
2 Premium Muli-Purpose E.P GR NLG1 2 LB
3 All Purpose GL5 SAE 80W/90 or SAE 85W/140 LB
ANNUAL PURCHASE ORDER
Effective on or about July 1, 2008 through June 30, 2009, plus three-(3) single year renewal
options, for the City's full or partial requirements on an as needed basis, with no guaranteed
usage.
Ootion year one, if exercised shall be effective July 1, 2009 through June 30, 2010.
Ootion year two, if exercised shall be effective July 1, 2010 through June 30, 2011.
Ootion year three, if exercised shall be effective July 1, 2011 through June 30, 2012.
Actual option year pricing shall be negotiated with the successful Proposer(s) prior to
exercising any giyen option year. Option years shall become effective only upon
issuance by the City of a duly authorized Purchase Order.
17
Are there any other additional or incidental costs, which will be required by your
firm in order to meet the requirements of the Technical Specifications? Yes I
No (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.
Have you included in your bid all informational items and forms as requested? Yes
I No (circle one). If you answered "No", please explain:
This offer shall remain firm for 90 days from RFQ close date.
Terms and conditions as set forth in this RFQ apply to this bid.
Cash discount allowable %
are: Net thirty (30) days.
days; unless otherwise stated, payment terms
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.
Verification of Addenda Received
Addenda No:
Addenda No:
Addenda No:
Received on:
Received on:
Received on:
18
AUTHORIZED SIGNATURE:
PRINT SIGNER'S NAME AND TITLE:
DATE SIGNED:
COMPANY NAME & ADDRESS:
FAX:
PHONE:
EMAIL:
IF SUBMITTING A "NO BID", PLEASE STATE REASON(S) BELOW:
19
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-08-22.
Business Name
Business Address
Signature of bidder X
Place of Residence
Subscribed and sworn before me this
day of
,20_.
Notary Public in and for the County of
California.
, State of
My commission expires
,20 .
20
SECTION V.
GENERAL SPECIFICATIONS
21
v. GENERAL SPECIFICATIONS
1. Each bid shall be in accordance with Request for Quotes (RFQ) Number F-OB-22. All specifications
are minimum. Bidders are expected to meet or exceed these specifications as written. Bidder shall
attach to their bid a complete detailed itemization and explanation for each and every deviation or
variation from the RFO specifications and requirements. Conditional bids, or those that take
exception to the RFO 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 nonconformity to specifications in appropriate circumstances. Purchase shall be on
a best buy basis after due consideration of all relevant factors, including but not limited 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 Bernardino 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 90 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 it is intended to be used and shall be produced by use of the current manufacturing processes.
"Seconds", factory rejects, and substandard goods are not 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 Bernardino, or any of its 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 California sales tax, where applicabie, 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 within 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 items 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 California, whether such safety features and/or items have been specifically outlined in these
specifications or not.
16. Contractor delivering equipment pursuant to these RFO specifications shall guarantee that equipment
meets specifications as set forth herein. If it is found that equipment delivered does not meet
22
requirements of these specifications the Contractor shall be required to correct the same at their own
expense.
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 it 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 items 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 City
of San Bernardino of bid in response to this solicitation 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 with all provisions of RFQ No. F-OS-22. In most cases the basis of award will be
the City's standard purchase order that mayor may not incorporate this solicitation by reference.
20. Prohibited 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,
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 Titie I of the Government Code of the
State of California.
21. One Document. These specifications, the notice inviting bids, RFQ F-OS-22, 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 properly
shall be performed by the contractor, whether specifically set out in the contract or not. All sections of
the specifications shall be read as constituting 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 City 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 R. Morrow, Purchasing Manager at 909-384-5086. Technical
questions may be sent via fax to 909-384-5043, or emailed to: morrow_de@sbcity.org. Please
indicate Bid name, and number RFQ F-OS-22 on your inquiry. 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 forms are completed and included with bid. Deliver all bids, signed and sealed,
to the Purchasing Division, Finance Department at 300 North "D" Street, 4th Floor, City Hall, San
Bernardino, California 92418. CLEARLY MARK THE RFQ SPECIFICATION TITLE "LUBRICANTS"
AND NUMBER F-OS-22 ON THE OUTSIDE OF THE ENVELOPE.
26. Time. All bids must be received in the Purchasing Division no later than 4:00 PM, PST, May S, 200S,
where at such time and said place bids will be publicly opened, examined and deciared. 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 NOT 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 multiple contracts, or to award one contract for furnishing and delivering of
all equipment and/or services in all categories.
23
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,
it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may
have under Section 4 of the Clayton Act (U.S.C. Sec 15) or under the Cartwright Act (Chapter 2,
commencing with Section 16700 of Part 2 of Division 7 of the Business and Professions Code),
arising from purchases of goods, materials, or services by 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, its 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 Agreement, Contractor shall
Maintenance 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.
32. FAITHFUL PERFORMANCE BOND/BID BOND. The Contractor will be required to furnish a cashier's
check, certified check or faithful performance bond / bid bond made payable to the City of San
Bernardino in an amount equal to 100% /10% of the bid price to insure the contractor's faithful
performance of this contract. Said surety shall be subject to the approval of the City of San
Bernardino, bonds shall be in accordance with Ordinance No. 821, Section 2400, and the corporation
issuing said bond shall have a rating in Best's most recent insurance guide of "A" or 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 RFQ.
34. City may, at its discretion, exercise option year renewals for up to 3 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 legitimate proof of such licensure
and/or certification shall be included in bidder's response. Bids lackina copies and/or oroof of said
licenses and/or certifications may be deemed non-responsive and may be reiected.
36. Once the award has been made and prior to the commencement 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.
24
San Dernar lno
SM
May 1, 2008
ADDENDUM #1
TO
Request for Quotation (RFQ) F-08-22
"LUBRICANTS"
Notice is hereby given that the following is incorporated as an Addendum to the
Request for Quotation (RFQ) F-08-22.
1. What is the approximate gallonage figures for oils and greases. Please
proved annual, monthly, or practice order.
These are annual usage figures:
15W/40 LE (formerly RPM)8,200 quarts
10W/30 ............................. 2,700 quarts
5W/20 SYN ........................ 1,900 quarts
15W/40 GEO ...................... 1,600 quarts
HYD AW ISO 68..................10,350 quarts
Dextran III......................... 800 quarts
ATF SYN ............................ 2,600 quarts
85W/140 ........................... 1,300 quarts
Chassis lube (Lithium) ......... 8001bs.
2. What were your past yearly purchase volume of the products in question?
Same as above.
3. On your price sheet for submittal, do you want the State Oil Recycling
Taxes, Motor Oil Fee, State Sales Tax and Local Sales Tax listed separate,
since all the taxes would be the same, just not included in base price of
lubricants?
Yes, list separately.
4. In regards to packaged goods kegs and drums, should I list them
separately on the price sheet when it has only price per pound of product
with no price differential allowed between the two packs?
list separately on price form below package products.
5. Where is the delivery location?
182 S. Sierra Way, San Bernardino C4 92408.
6. In regards to the samples, there is no area to enter costs to the city, and to
clarify your maintenance personnel process the samples?
The City maintenance personnel will draw the sample fill out the shipping
papelWork and mail. Enter price on page 18 as additional costs with
description.
7. What day ofthe week do you prefer a weekly stop to check product
inventory?
Any day is fine, Monday through Friday before 2:30 p.m.
8. With the ever changing petroleum market, is there a stipulation to cover
price increases in the contract or are the prices Firm Fixed for length of
contract, which could hurt competitive bids with the market currently?
No. Price is fixed for the length of contract due to City budget process.
9. What product is the city currently purchasing? Union, Chevron, Texaco,
Mobil, shell, ete?
Chevron.
Sincerely,
JYlIrR/U{}U.i
Deborah R. Morrow
Purchasing Manager