HomeMy WebLinkAbout2008-392
RESOLUTION NO. 2008-392
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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
$306,000 FOR FY 08-09 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 remain open and a new purchase order and agreement will be issued in the
amount of $306,000 for FY 08-09.
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
his/her designee is hereby authorized to issue a new Annual Purchase Order to "Y"
Tire Sales in the amount of $306,000.
SECTION 4. The Purchase Order shall reference this Resolution No.
2008-392 and shall read, ....Y.. Tire Sales for new and recapped tires, tubes, and
related repair services, $306,000 for FY 08-09" and shall incorporate the terms and
conditions of the agreement.
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2008-392
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
1 SAN BERNARDINO AUTHORIZING THE EXECUTION OF A NEW AGREEMENT
AND ISSUANCE OF AN ANNUAL PURCHASE ORDER IN THE AMOUNT OF
2 $306,000 FOR FY 08-09 BETWEEN THE CITY OF SAN BERNARDINO AND "Y"
TIRE SALES FOR NEW AND RECAPPED TIRES, TUBES AND RELATED REPAIR
3 SERVICES FOR CITY VEHICLES AND EQUIPMENT, TO BE UTILIZED BY THE
FLEET DIVISION.
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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Order and Agreement is rescinded if it is not executed within sixty (60) days of the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.
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2008-392
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
6 Mayor and Common Council of the City of San Bernardino at a joint regular
7 meeting thereof, held on the 6th day of October , 2008, by the
8 following vote, to wit:
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Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA x
BAXTER x
BRINKER x
DERRY x
KELLEY x
JOHNSON x
MCCAMMACK x
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Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this 9TH
October ,2008.
day of
Approved as to Form:
2008-392
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 6th day of October 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 $306,000 for FY 08-09 for
EXHIBIT" A"
2008-392
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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 October 6, 2008 through June 30, 2009.
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 hannless 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
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.
EXHIBIT" A"
2008-392
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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
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.
EXHIBIT" A"
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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 "0" 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
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 of this paragraph.
11. ASSIGNMENT.
EXHIBIT .. A>>
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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.
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.
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EXHIBIT" A"
2008-392
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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 of the 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.
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EXHIBIT" A"
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2008-392
VENDOR SERVICE AGREEMENT
"Y" TIRE SALES
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and
date set forth below.
6 Dated:
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cx.r. 'ZD. 2008
VENDOR.
BY'9- ~;?b_f1- I -,,(..-
Its: G~E;Z",L H&,;z..
Dated /0/ 'f jar, 2008
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CITY 7'liJAN BERNARDINO
By: ui--X1 .-J
Lori Sassoon, Acting City Manager
Approved as to Form:
EXHIBIT "A"
2008-392
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ATTACHMENT "1"
'"Y"
TIRE SALES
GOODIYEAR
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 Bemardino, CA 92418
Re: Bid request F-09-0 1 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,
~@.,J'~
~~k M Shoemaker
General Manager
Y TIRE SALES, INC.
1941 Marianna Ave.
Los Angeles. CA 90032
PH 323 223 1391
FX 323 222 2372
CL 323 855 5443
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2008-392
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City of San Bernardino, Finance Department
Purchasing Division
Bid Documents to Be Returned
RFQ FoOeo01
TIRES. NEW AND RECAPPED FOR VEHICLES I EQUIPMENT
CoPY of Contractor License III Bid Content and Forms, General Specificafton #35; instructions 10 Offerar(s)
I Bladers
Bidder EXPerience, Competency, Qualification and Profile (Vendor Document) III
Proposal I Bid Content Forms
Non-Collusion Affidavit (City Form) InstructlonsIoOfferor(s)/Bldders
ListiR!l sf Pr-epsssd SII9sontraGtor (City form) III P"'~eDell Bid CORIOll! aRd FDmlS
Price Form (City Form) Instructions 10 Bidders, III Bid Content and Forms
Authorized Signatures Instructions to Bidders
Bidder Identification III Bid Content end Fonns
Addendum Received III Bid Content and Forms
90 Day Bid Validity Statement III Bid Conlenlend Fonns
AuthoriZed Signatures III Bid Contenlend Forms
References III ~~Co;l~ end Forms
Proper Identification and Submittal of Proposal/Bid Package, and Price Form
Instrtictlons 10 Bidders
Bidders are reauested to submit this checklist completed with all bid documents.
2008-392
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SECTION I.
INSTRUCTIONS TO BIDDERS
2008-392
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 "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.
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2008-392
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 lime 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 ResDonses
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.or~, faxed,
or postmarked no later than the close of business on July 28, 2008.
O. 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-09-01:
Tires - New and Recapped for Vehicles I Equipment"
4. AcceDtance of Bids
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2008-392
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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 amonQ 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.
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2008-392
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SECTION II.
TECHNICAL SPECIFICATIONS
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2008-392
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 / AS
SPECIFIED
This specification desaibes the City of San Bernardino'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 At:t'e p rt1 ~L€
availability of tires to support a minimum of thirty (30)
days ofthe 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.
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2008-392
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 1 600
4ccct?m8i~
c. Modulas at 300% 1100/1700
d. Hardness 60 170
e. Specific gravity 1105/1135
3. Tread Depth Requirements:
a. 26/32 deep standard rib /?cce~ 'f7?8{t:
b. 32/32 waste hauling lug
4. Tread Design:
a. Waste hauling lug
ACt: &~? rA 61.t:
b. Standard highway rib
5. Tread Width. The tread width used shall be
detennined by the requirements of the casing. The Ace,!'/? 77I4~~
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. /la.#!"~7i9QI.C
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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 4cce~nPql.c
weekly basis. All tires shall have one-week turn
around time.
8. Recapper shall perfonn nail hole repairs and section
repairs at no additional cost to the City. /I~("e.p r,f61.t:
9. Recapped tires shall be branded using a City of San
Bernardino code to indicate number of times
recapped and serial number for tire tracking. Aac(1 rAf$Lc
10. Disposition of all tires picked up shall be identified on
appropriate invoice. Tires not recappable shall be 11 Cc.t!.(1 rll IjL e
identified as to reason and returned as RAR.
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2008-392
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 4ce~Rr4'3t€
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 /lccGP 71HJl.e
support the City of San Bernardino 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 Califomia Highway Patrol or Los Angeles /lee. t~ rnSl.e:
County Sheriff.
2. Police pursuit tires will be the same OEM brand of
tires supplied with vehicle (Ford Crown Victoria). /Je.:.c/? m81.tE"
3. All passenger car tires shall have a minimum 75,000
mile rating. AccL'P ml!LC
4. New heavy equipment tires shall be branded using
the City of San Bernardino numbering system to Ae:':'t:r? m (#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. ", ec~" nf($4!
2. Tires failing beyond the 25% shall be adjusted on a
pro-rated basis based on remaining tread. l1eecpr;lfJl.€
E. LIABIUTY INSURANCE
The contractor shall furnish evidence of general
product liability insurance in the amount of $2,000,000. Ace.E~ T7'181.,:
A certificate of insurance shall accompany the quote.
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SECTION III.
BID CONTENT AND FORMS
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2008-392
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2008-392
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. ExceptlonsfDevlations
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;
strength and stability of the firm; staffing capability; work load; record of
meeting schedules on similar projects; and supportive client reference.
11
2008-392
Bidder shall:
a. provide a brief proffle 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 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 andlor certification
shall be included in bidder's response. Bids lacking copies andlor proof of
said licenses and/or certifications may 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
2008-392
Freight terms shall be F.O.B. Destination, Full Freight Allowed, unless otherwise
specified on price form.
13
2008-392
PRICE FORM
REQUEST FOR QUOTES: RFQ F-09-01
DESCRIPTION OF RFQ: Tires - New and Recapped for Vehicles I Equipment
BIDDER'S NAME/ADDRESS: Y TI/Z.E 5:AI.e-,> tile..
1'91( I HA R. rllllt<lll AilE'
~t)~ 1'1"'t;~tIE"S .,"4 9A)32
NAMEI TELEPHONE NO. OF
AUTHORIZED REPRESENTATIVE J"~'<' H SHD~/'fI'lUctz.,
32:3 Z2"Ef /'$9/
(See Next Page)
14
PRICE FORM (continued)
2008-392
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)
Ll (,. ,f!
21-021 23X10.50X12 4 PLY TURF
'iflolco
21-029 P205l75R15 STANDARD LOAD HWY
o .. r. ,
21-030 P195165R14 STANDARD LOAD HWY
Goo ,"fa 1/1. A ~ .
21-031 P195170R14 STANDARD LOAD HWY
~D tE a.
21-032 P205l70R24 STANDARD LOAD HWY
21-033
21-034
21-035
21-036
21-038
21-039
21-044
21-046
21-048
21-049
e
21-050 P235/55R17(pURSUIT - SPEED RATED)
.!" ~., ,If!
21-055 LT235175R156 PLY ALL POSITION
21-060 P215f60R16 STANDARD LOAD HWY
G't>,,~ e n #kiF
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
~",4./"
S~,93
3<f.(,~
'(>-'lI
,.$1
&1.,;"3
.
(). <;1(
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.H
0/'1.
. z.
76-
. z."
.'1 t.
2008-392
21-061 L T245175R16 10 PLY ALL POSITION
"dI N&I..
21-067 lT235/85R1610 PLY ALL POSITION
I
21-068 LT215/85R168 PLY ALL POSITION
o d: 1?
21-116 RECAP 315/80R22.5 REAR (REfUSE LUG)
Cool) ~..d. Gf '1
21-117 255170R22,5
Got:>()t;) '0"'12 ~ 9
21-119 RECAP 315180R22.5 FRONT (STEER
CERTFO N',tkN/~IN..'" wN R
21-125 NEW 315/80R22.5 20 PlY HSS
~o .; Ze7 H~$
21-126 NEW9R22.512 PLY ALL POSITION
*
21-128 NEW11R22.516 PLY ALL POSITION
STEER ~ Gi' (
21-129 215170R17.512 PLY
00 ~"'n. I"~
21-130 225170R19.5 12 PLY
~~
Seolt' -'f'rn1c."*t:> S'~"" (> SN4a r
TOTAL ESTIMATED TIRES FOR FY 08109
110
t'
.. '7.~$
82
40
I.o&'
911
.91(
12
ZI(t{.50
134
/ ":.l"
60
.DO
20
ze '7~
39
8
12
2509
MINIMUM TREAD DEPTH FOR ALL HEAVY
DUTY RECAP (LUGSTYLE) TIRES IS
32132nds.
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 year one, if exercised, shall be effective July 1, 2009 through June 30, 2010.
Ootion vear two, if exercised, shall be effective July 1,2010 through June 30, 2011.
Ootion 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
Bemardino 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
2008-392
CITY OF SAN BERNARDINO
BID SPECIFICATION NO.
F..{)9-01
7/01/08 - 6130/09
Y TIRE SALES INC.
PART # PRODUCT CODE SIZE DESCRIPTION CURREN' COMMENTS
AUTO PRICE
21-029 402705436 P20sn5R15 GOODYEAR INlERGI1Y $46.46
21-030 760 064 404 P195165R14 GOODYEAR ULTRA GRIP $56.93
21-031 402 627 047 P19snOR14 GOODYEAR INTERGJ1Y $39.66
21-032 402211436 P20snOR14 GOODYEAR INlERGJ1Y $36.56
21-033 402 406 477 P205l65R15 GOODYEAR INTERGlTY $50.21
21-034 402 102 477 P165170R14 GOODYEAR INTERGI1Y $36.51
21-035 402 645 436 P19sn5R14 GOODYEAR lNTERGJ1Y $39.53
21-036 167 359 026 P21snOR14 GOODYEAR REGATTA 2 $50.94
21-038 766 387 405 Pl55/60R13 GOODYEAR ULTRA GRIP $36.16
21"{)39 402268 047 P17snOR14 GOODYEAR INTERGI1Y $35.61
21-044 402 431 436 P21snOR15 GOODYEAR INlERGJ1Y $48.59
21--046 732 607 500 P23snOR15 GOODYEAR EAGLE RSA $74.11
21--048 732416 500 P22snOR15 GOODYEAR EAGLE RSA $71.92
21--049 732 354 500 P225160R16 GOODYEAR EAGLE RSA $70.36
21-050 732 002 500 P235155R17 GOODYE:AR EAGLE RSA $97.00
21-060 736 276 265 P21516OR16 GOODYEAR ASSURANCE $63.76
UGHT TRUCK
21-055 744 626 602 LT23sn5R15 GOODYEAR WRANG RSA $81.26
21-061 749 353 434 L T245175R16 GOODYEAR WRANG RTS $97.63
21-067 744 725 502 LT235185R16 GOODYEAR WRANG HTS $102.19
21-068 749 621 060 LT215/65R16 GOODYEAR WRANG RTS $91.06
MEDIUM RADIAL .
21-117 756 780 519 25snOR22.5 GOODYEAR G169 $244.30
21-126 136311166 GOODYEAR G149 GOODYEAR G149 $203.75
21-126 136179919 GOODYEAR G149 GOODYEAR G149 $294.34
21-129 756 246 567 GOODYEAR G114 GOODYEAR Gl14 $166.65
21-130 139418053 GOODYEAR G647 GOODYEAR G647 $217.62
SPECIALTY
21-020 3104965795 31X13.5X15 CARLISLE TURF (FRONT $196.75
21-021 303 455 294 5 23Xl0.50X12 NANCO 4 PLY TURF $52.45
RETREADS
21.119 256 760 166 315180R22.5 REFUSE RIB 24/32 $14526
21-116 254 096 072 315160R22.5 GDYRG177LUG 32/32 $176.94
RETREAD PRICES INCLUDE ALL REPAIRS
j I I
I I I
2008-392
Actual option year pricing shall be negotiated with the successful Bidder(s) prior to exercising
of any given option year. Option years shall become effective only upon issuance by the City
of a duly authorized Purchase Order.
Are there any other additional or incidental costs, which will be required by your
)i!g1 in order to meet the requirements of the Technical Specifications? Yes I
lJ::!,g.L.. (circle one). If you answered "Yes', please provide detail of said additional
costs:
Please indicate any elements of the Technical Specifications that cannot be met
by your firm.
No"'~
Have you included in your bid all informational items and forms as requestediY;S)
I No (circle one). If you answered "No', please explain:
This offer shall remain firm for 120 days from RFQ close date.
Terms and conditions as set forth in this RFQ apply to this bid.
Cash discount allowable % 0 days; unless otherwise stated, payment terms
are: Net thirty (30) days.
In signing this bid, Bidder warrants that all certifications and documents requested
herein are attached and properly completed and signed.
From time to time, the City may issue one or more addenda to this RFQ. Below,
please indicate all Addenda to this RFQ received by your firm, and the date said
Addenda waslwere received.
17
Verification of Addenda Received
Addenda No:
Addenda No:
Addenda No:
Received on:
Received on:
Received on:
AUTHORIZED SIGNATURE: V~ mJ ~-P.h~
PRINT SIGNER'S NAME AND TITLE:
..jALK N <m€:MAk.EfZ
r.: EUE/Z/U.. bh4-M4<:; €/z...
DATE SIGNED:
~ / 7/08,
COMPANY NAME & ADDRESS: Y nfl.€ <,; JIb!:<; . /UC.
;qi{1 f-IlI-tet/f;VN'# #E .
u-<; /Jlllt:EZiCS. CA qAt>$ 2-
PHONE: 32 ~ 2:23 /'3'1/
FAX: 3Z3ZzZ 3''''~
EMAIL: Ynn..e..JIl"-1L tPAol..c.Ol"
IF SUBMITTING A "NO BID", PLEASE STATE REASON(S) BELOW:
18
2008-392
2008-392
I.
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 peljury:
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..o9-01.
Business Name y' TI fZ- E. 5/1L-6- ~ I NC. .
Business Address /4f;/ I NIf (lJAJ/ 1-111 A lie /.O~ ",,l-/uLE~
Signature ofbidder~ .-@. ~
22<607 C/!R-no"uu4./ nn. 1///1/-(0#';;> 841Z.
.
Place of Residence
Subscribed and sworn before me this s-4-~ day of ~(,o~t .200lt
Notary Public in and for the County of l2..)vJt.("'s ;o(e... , State of
California.
My commission expires
~. 'I, "2.Ci)~
,20~.
.1.. _SIlIJlIltPHWOH(
m- Camm.I\532856 III
NOIAKf MUC:.WOINII
-c.., -
~ IlJCtMfJlWDK'lOOl "(
~~~
19
2008-392
SECTION IV.
GENERAL SPECIFICATIONS
20
2008-392
/
GENERAL SPECIFICATIONS
1. Each bid shall be in accordance with Request for Quotes (RFQ) Number F.o9.o1. AU specifications
are minimum. Bidders are expected to meet or exceed these specifications as written. Bidder shall
attach to their bid a complete detailed nemization and explanation for each and every deviation or
variation from the RFQ specifications and requirements. Condnional 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 nonconformity to specifications in appropriate circumstances. Purchase shall be on
a best buy basis after due consideration of all relevant factors, including but not limned to,
worl<manship, 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 shaD 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 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 fllllsh entering into the construction of the equipment must be of the
best of these respective kinds and must confonn to the charecter 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!l!l1 acceptable.
7. Each bidder shall submit with their bid a copy of the proposed product specifications. complete
detailed drawings, end other descriptive matter in sufficient detail to clearly describe the equipment,
materials and parts offered.
8. Manufacturer andlor Contrector 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 ns 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 andlor 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 worl< 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 andlor dealer's warranty andlor guarantee
coverage and shall submit such written documents evidencing the same attached to the bid.
11. Successful bidder(s) (Contrector) 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 Bemardino (all transportation charges shall be fully prepaid), 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 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 andlor items have been specifically outlined in these
specifications or not.
16. Contractor delivering equipment pursuant to these RFQ specifications shall guarantee that equipment
meels specifications as set forth herein. If it 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."
(
2008-392
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 clrcumstance 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 agreemenl 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 lhe understanding thai acceptance by the City
of San Bemardino of bid in response to this solicitation shan constitule 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..o9..o1. In most cases the basis of award will be
the City's standard purchase order that mayor may not incOljlorate 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 buslness 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 infonnation 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(cornmenclng with Section 1090)
or Article 4.6 (commencing wilh Section 1120) of DMsion 4 of Title I of the Government Code of the
State of California.
21. One Document These specifications, the notice inviting bids, RFQ F..o9-01, 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 properly
shall be perfonned by the contractor, whether speciflCBlly 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 an sections.
22. The City of San Bemardino reserves the righl to accept or reject any and all bids.
23. Prompt payment. Each bidder may stipulate in their bid a percenlage prompt paymenl 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 data of mailing of the City check. NOTE: prompt payment discounts will only be
used during bid evaluation In the case oHles.
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. BidJPrice fonns. No bid will be acceptable unless prices are submitted on the pricing fonns furnished
herein, and all required fonns are completed and included with bid. Deliver all bids, signed and sealed,
to the Purchasing DMsion, Finance Department at 300 North '0' Street, 4th Floor, City Hall, San
Bernardino. California 92418. CLEARLY MARK THE RFQ SPECIFICATION TITLE "TIRES - NEW
AND RECAPPED FOR VEHICLES I EQUIPMENT" AND NUMBER F..o9..o1 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 HQ! 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 calegories.
28. Equipment. In the purchase of equipment, Contrector 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 lhat 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,
22
2008-392
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 shatl 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 perfonnance 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
Attomey and members of his office in enforcing this Agreement on behalf of the City shall be
considered as "attomey'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 statutorywoll<er's compensation coverage, and shall
file copies of said policies with the City's Risk Manager prior to undertaking any woll< under this
Agreement The policies shall name the City as an additional insured and shall provide for ten (10)
day nolifJCallon to the City if said policies are terminated or materiaUy altered.
~ FAITHFUL PE~FORMANCE BOND / BID BOND. Not reoulred. The CaRIRIGlor '....m be Fe~uiFed Ie
~I= a aashier's aheGk, aellifiell alleak erfaltllf\ll perfamlllAGe baRlI! biB saRli malle payaele to the
~~.. -.San 8eFRardiR9 iR an SFASWM eqwal t9 10g!K! 19% ef1Aa bid pRse te iRBWFe the GentFaGter'c
faiUmll peFfGFfRaRSe sf tRiB seRtFast. SaiEl SYFBty ehalllre 8ysJeet 19 the appFe'JaI gf tl:Je City 9f EaR
8emaFdlR9, baRss s~alllre iR asSaFdaRS6J ~:Ath ORlIA8AGe ~Ie. 821. SeGtisA 2~99. aREi the G9FPamtion
iEtwiRg BaiEl eeRS shall J:lS\*e a FatiRB iA Hestls Mast reseRl iRS\lr&Rse gl:Jide af. P: 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 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 legitimate proof of such licensure
and/or certification shall be included in bidder's response. Bids lackin~ coDies and/or Drool of said
licenses andlor certificallons mav be deemed non-resoonsive and mav be reiected.
36. Once the awam has been made and prior 10 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 Ihe terms of the Agreement.
23
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