HomeMy WebLinkAbout2009-293
--
-
-
RESOLUTION NO. 2009-293
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
AND ISSUANCE OF A PURCHASE ORDER TO ALLST AR FIRE EQUIPMENT IN
THE AMOUNT OF $34,489.25 FOR THE NEW GENERATION FIRE SHELTERS.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION I. That AlIstar Fire Equipment is the lowest and best responsible bidder for
the purchase of new generation Fire Shelters, in accordance with Bid Specifications #F-09-19
for a total amount of $34,489.25. Pursuant to this determination, the issuance of a Purchase
Order by the Director of Finance or her designee is hereby authorized and all other quotations
therefore are hereby rejected; and.
SECTION 2. The City Manager is hereby authorized and directed to execute on behalf
of the City a Purchase Agreement with AlIstar Fire Equipment, a copy of which is attached
hereto, marked Attachment "A" and incorporated herein by reference as fully as though sct
forth at length; and
SECTION 3. The AlIstar Fire Equipment Purchase Order shall incorporate by reference
this Resolution number, shall reference the terms in RFQ Bid Specification #F-09-l9, and shall
incorporate the terms and conditions of the bid of AlIstar Fire Equipment. The Purchase Order
shall further read "not to exceed $34,489.25."
SECTION 4. The authorization to execute the above referenced Agreement and
Purchase Order is rescinded if it is not issued within sixty (60) days of the passage of this
Resolution.
1111
1111
1111
1111
1111
/111
18
19
20
21
22
23
24
25
26 JAMES F. PENMAN, City Attorney
27
28
----
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
2009-293
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
AND ISSUANCE OF A PURCHASE ORDER TO ALLSTAR FIRE EQUIPMENT IN
THE AMOUNT OF $34,489.25 FOR THE NEW GENERATION FIRE SHELTERS.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at ajoint regular meeting thereof, held on
the 17th day of Augus t
,2009, by the following vote, to wit:
COUNCIL MEMBERS:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
x
BAXTER
x
BRINKER
x
SHORETT
x
KELLEY
x
JOHNSON
x
MCCAMMACK
x
~L--1 ~. CJ..~ ,
Rac el G. Clark, City Clerk
City of San Bernardino
-r,:i':-
The foregoing Resolution is hereby approved this l <J day of
August
,2009.
.J
J. Morris, 0
f San Bernardino
Approved as to form:
. ~~~,~
2
<
a
2009-293
PURCHASE AGREEMENT
AlIstar Fire Equipment
This Purchase Agreement is entered into this 17th
2009
,
day of Augus t
by and between Allstar Fire Equipment ("Vendor") and the City of San Bernardino ("City").
WITNESSETH:
WHEREAS, the Mayor and Common Council has determined that it is advantageous
and in the best interest of the City to contract for the purchase of Fire Shelters; and
WHEREAS, the City of San Bernardino did solicit and accept quotes from available
Vendors for the purchase of Fire Shelters.
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated, San Bernardino hereby engages Vendor to provide
those products as set forth in Request for Quote #F 09-19, attached hereto and incorporated
herein as Exhibit "A."
2. COMPENSATION AND EXPENSES.
a. For the products andlor services delineated above, the City, upon presentation of an
,
invoice, shall pay the Vendor up to the amount of$34,489.25.
b. No other expenditures made by Vendor shall be reil'lbursed by City,
3. TERM; TERMINATION.
This purchase shall be completed within sixty (60) days.
The City shall have the right to terminate its obligations under this Agreement or any
part hereof if any delivery is not made within the time provided, or, ifno time is specified.
within a reasonable time, or if the goods that are delivered are not as specified. Such right shall
ATIACllHENT "A"
,
r
..
2009-293
PURCHASE AGREEMENT
Allstar Fire Equipment
be in addition to City's other legal rights, whether set forth in this Agreement or not.
Acceptance of any part of the order shall not bind City to accept future services or shipments,
nor deprive it of the right to stop performance of existing services or return goods already
accepted.
4. INDEMNITY.
City agrees to indemnify and hold harmless Vendor, its officers, agents and volunteers
from any and all claims, actions, 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, losses, damages andlor liability resulting from
Vendor's negligent acts or omissions arising from the Vendor's performance of its obligations
under the Agreement.
In the event the City andlor the Vendor is found to be comparatively at fault for any
claim, action, loss, or damage which results from their respective obligat'ions 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 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 $1,000,000.00 combined single limit, and statutory
2
~
J
2009-293
PURCHASE AGREEMENT
AIIstar Fire Equipment
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. COMPLIANCE WITH LAWS.
All articles or services furnished pursuant to this Agreement shall comply with all CAL-
OSHA standards and regulations and all applicable govemmentallaws and orders.
7. 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 0: agents to engage in,
discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical condition, 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.
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
Vendor warrants that it shall comply with any and all business registration requirements
of the City's Municipal Code, and any other license, pernlits, qualifications, insurance and
approval of whatever nature that are legally required of Vendor to practice its business or
profession.
1/1/
3
2009-293
PURCHASE AGREEMENT
AlIstar Fire Equipment
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:
Fire Chief
200 East Third Street
San Bernardino, CA 92410
Telephone: (909) 384-5286
TO THE Vendor:
Allstar Fire Equipment
Attn: Jason Broede
12328 Lower Azusa Road
Arcadia, CA 91006
Telephone: 800-425-5787
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 prevailin[, party in the exercise of any of
its rights or remedies hereunder or the enforcement of any I}f 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.
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
4
2009-293
PURCHASE AGREEMENT
AlIstar Fire Equipment
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 of the sections of this Agreement are included for the purposes of
convemence only and shall not affect the construction or the interpretation of any of its
proVIsions.
16. SEVERABILITY.
If any provision of this Agreement is determined by a court of competent jurisdiction to
5
2009-293
PURCHASE AGREEMENT
AlIstar Fire Equipment
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 other 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.
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: q - d- , 2009
ALLST AR FIRE EQUIPMENT
~t ~~~~
Dated
,2009
SAN BERNARDINO
B
Charles McNeely, Cit ager
Approved as to Form:
James F. Penman, City Attorney
6
2009-293
exh.i.l1d' "A" .
I-
en
a.
:iE
a.
o
o
M
en
o
o
N
-
lD
....
-
I"-
(!)
l()
o/l en N N N 0 0 0 N N
UJ r- r- r- '"" '"" ..- co lX!
en -l l() l() l(j N N C\i r--..: I"-
en l-enUJ r- r- r- N N N 0> en
0:: Z C,9 N N N C') C') C") lO Ll'l
0:: oq :)OZ Z
0 ()en<(
0
Z Z en
UJ -l 0
> -l
()<( l() l() lO l() l() lO 0 0
0 r- r- r- 0> 0> (J) r- ":
Z_ <0 0;
-l oj (!) (!) 0> 0> <0 lD
UJ '"" 0> 0> co (!) <0 <0 lD
u.. C') N N C') C') C") <0 lD
C') ()O Z
~ . 0::
o Cl... 0::
UJ :) <(
o()
UJ
() l() l() 0 l() l() lO lO Ll'l
z<( 0 N r- 0 0 0 r- I"-
0:: Cl... () '"" oq 0; r- 0> ..- c:i 0
<(-<( (!) l() <0 0 0> 0> <0 lD
1-:)- N N N C') N N lO Ll'l
N enOO Z
-l UJ <(
<i!UJ()
0::0::
-<(
u..
UJ 0 0 ~
0> 0 oq 0 0 r- M
0:: 0 C') 0 0 "": 0 0 0 co ....
u.. z l() '"" ..- oq (!) <0 r--..: ~ ....
0> r- r- oq '"" ..- co Q)
>- 0 N N N C') (") C") l() Ll'l
'"" 0:: OJ >-
0 Z
-l <(
-l
<( en
~ OJ
, u
e
OJ
~
. .2!
~ to rn OJ
0'> oq E ~
Cl... >:
c OJ '"" N Gl
rn C') It) ~
0 - ;!:: ~ 0 e
... .91 , ,
>- :;::; co .r-- Z "Q 0
lU Gl C. 0'> N 0 ~ e
0:: ...::: E oq It) 0 0 OJ e
0 Gl Gl , , .... 0
e..c 0 ~ OJ ~ . C > 1Il
C,9Z Glen U 0 . - 0 en en ~ . 'C
, en , x
UJO Cl Gl 0 CIJ OJ 0 en ~ ~ Cll Ll'l ~ Cll Cll
OJ '<t CIJ :2: c.. oq ~ UJ - N 0 U c.
1-- ~.= .~ :2: UJ 0
<(l- N :2: UJ E N I- 0) "Q E
Glu. en '<t UJ !::: oq UJ l- e -l
()Cl... Z UJ I- 0 .. l- e lU OJ 0
~ !::: u 0 - ~ u
-0:: Cll z 0 z It) 0 "Q 0 > -l
en() CIJ It) 0 CIJ 0 N ::> I- '"" ~
~en ::> ~ 0 N ~ OJ ~ '"" '"" u , .E <(
CT ~ 0) , , ..c Cll ell ~ I-
UJUJ , , ~ , e u 1Il
OJ , ::> 0
1-0 0 It) Cll 0 l() ~ 0 OJ
0:: ~ ~ N -l '"" '"" N en -l -l l-
I .... N .
I-
W
W
I
(f)
>-
0:::
<(
2
2
::J
(f)
o
(])
en
....
.
en
o
,
u.
a
u.
0::
Gl
...
U.
Z
<(
UJ
o
Z
o
-l
en
>-
..c
"Q
Gl
"Q
...
o
U
Gl
0::
s
o
0::
0::
o
~
o
>-
..c
"Q
Gl
U
e
::>
o
e
e
lU
"Q
e
C'll
"Q
Gl
e
Gl
a.
o
2009-293
fliJco
~y
San Bernar I'no
s.
July 9, 2009
ADDENDUM #1
TO
Request for Quotation (RFQ) F-09-19
New Generation Fire Shelters
Notice is hereby given that the following changes, additions, deletions, or clarifications
are incorporated as an Addendum to the Request for Quotation (RFQ) F-09-19.
1. Your request does not state how many of each size (regular or large) you need. I
need to know quantities of each size, and the shipping destination for freight
charges.
Answer: Price breakdown should be as follows:
Regular Size:
1-10 items =$261.05 ,10-25items=$254.25,25-100items=$269.70
Large Size:
1-10 items = $307.05 ,10-25 items = $299,05 ,25-100 items = $ 291.05
Shipping destination is 200 E. 3RD Street, San Bernardino CA 92~ 1 O.
2. There are no quantities listed. Is there a quantity on the fire shelters or is the bid
good for one or more purchased within the 120 days? If the second is the case, do
you ~ave an expected quantity of shelters that need to be purchased for the City?
Answer: Estimated quantity is 85 to 100 shelters. 10- 15 may be regular
size.
Sincerely,
Deborah R. Morrow, CP.M., MPA
Purchasing Division
2009-293
lliJco~
y
New Generation Fire Shelter Specifications
Fire Shelter (Regular) Complete
Size: Regular
Deployed size: Length: 86"; Height: 15-1/2"; Width: 31".
This set includes: fire shelter, nylon duck carrying case, carrying case
plastic liner, and instructional DVD. Forest Service Spec 5100-606. New-
generation fire shelter provides increased protection from radiant and
convective heat in wildland firefighter entrapment situations. (NFES
#0925)
Fire Shelter (Large) Complete
Size: Large
Deployed size: Length: 96"; Height: 19-1/2"; Width: 33",
Large-size shelter designed for firefighters taller than 6' 1" or whose
girth exceeds 53" at any point. The larger fire shelter provides better
protection for larger people by allowing less contact of the shelter
material with the occupant's body and provides more air space between
the shelter and occupant. The large fire shelter is easily identified by the
orange deploy strap. Forest Service Spec 5100-606. (NFES #0975)
I
I
.~..
-$If~zr;.r;.,
....~. \I. ,
~~~:"
..
. .-
2009-293
RFP F-09-19
June 25, 2009
SUBJECT: REQUEST FOR QUOTES (RFQ) F-09-19
The City of San Bernardino (City) invites Bids from qualified vendors for:
New Generation Fire Shelter
Parties interested in obtaining a copy of this RFQ F-09-19 may do so by accessing the
City of San Bernardino Web Page at www.sbcitv.orq > Business> Request for Bids>
City Finance on June 25, 2009, or by faxing their request to (909) 384-5043, Attention
Deborah, or Sylvia. Please include the following information in your request: name and
address of firm; name, telephone and facsimile number of contact person; specify RFQ
F-09-19.
Copies of the RFQ may also be obtained by calling Deborah Morrow at (909) 384-5086,
Sylvia at (909) 384-5348, or in person at City Hall, 300 N. "D" St., 4th floor Finance
Department, San Bernardino, CA 92418.
Closing Date: Bids must be submitted at or before 3:00 PM, PST, July 16, 2009, at the
address listed above.
Issuance of this RFQ andlor receipt of Bids does not commit City to award a contract.
Sincerely,
Deborah Morrow,
Purchasing Manager, C.P.M.
2009-293
RFQ F-1)9-19
.
.
I
.
I
I
I
SECTION I.
INSTRUCTIONS TO BIDDER(S)
I
I
.
I
Page 2of21
I
I
I
I ~
I
.
I ,~
I
I
I
I ~
I ~
I
I ~
~
~
~
~
[X]
~
~
GJ
129
2009-293
RFQ F-Oq, I 'I
Bid Documents to Be Returned
RFQ F-09-19
NEW GENERATION FIRE SHELTER
Technical Specifications - Acceptable as specified (City Form) II Technical Speofication,
.Copy of Contractor License III Bid Content and Fonns, General Specification #35, Instructions to Bidder(s) I
Bidders
Bidder Experience, Competency, Qualification and Profile (Vendor Document) III
Bid I Bid Content Forms
Non-Collusion Affidavit (City Form) Instructions to Bidder(s) I Bidders
Listing of Proposed Subcontractor (City Form) III Bid I Bid Content and Fonns
Price Form (City Form) Instructions to Bidders. III Bid Content and Fonn,
Authorized Signatures Instructions to Bidders
Bidder Identification III Bid Content and Fonns
Addendum Received III Bid Content and Fonns
120 Day Bid Validity Statement III Bid Content and Fonns
Authorized Signatures III Bid Content and Fonns
References III Bid Content and Fonns
Calendar Day Acknowledgment of Delivery of Materials or Services
Specifications #9
General
Proper Identification and Submittal of BidlBid Package, and Price Form Instructions to
Bidders
Bidders are reQuested to submit this checklist completed with all bid documents.
Page 30f21
2009-293
RFQ F-IIQ-19
I. INSTRUCTIONS TO BIDDER(S)
A. Pre-Bid MeetinQ
N/A
B. Examination of Bid Documents
1. By submitting a Bid, the Bidder(s) 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.
I
I
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(s) 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.
C.
Addenda
I
I
I
I
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.
D.
Clarifications
1. Examination of Documents
Should a Bidder(s) require clarifications of this RFQ, the Bidder(s)
shall notify the City in writing in accordance with Section D.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, which will be posted to our website.
2. SubmittinQ Requests
a. All questions, clarifications or comments shall be put in
writing and must be received by the City no later than July
2, 2009 and be addressed as follows:
City of San Bernardino
Page 40f21
2009-293
I
I
I
RFQ F-O<J-1<J
300 North "0" Street
4th floor, Purchasing
"NOT AN OFFER"
Attn: Deborah Morrow
San Bernardino, CA 92418
I
I
I
I
I
I
I
I
I
I
I
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.
The City will also accept questions sent by facsimile
machines or email at morrow deralsbcitv.org; however, all faxed
or em ailed questions must be received by the City no later
than July 2, 2009. Send facsimile transmissions to (909)
384-5043, attention Deborah Morrow. All clarifications,
questions, or comments must be in writing, NO
EXCEPTIONS.
c.
Inquiries received after 4:00 PM, PST July 2, 2009 will not
be accepted.
3. City Responses
Responses (Addenda) from the City will be communicated in writing
by a posting to our website, no later than the close of business on
July 9, 2008.
For electronic notification of postings, sign-up for e-Notify on our
website: www.sbcitv.org > Items of Interest> e-Notify.
E. Submission of Bids
1. Date and Time
All Bids are to be submitted to City of San Bernardino, Attention:
Deborah Morrow. Bids received after 3:00 PM, PST, July 16,2009,
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
Page 5 of21
2009-293
RFQ F-09-19
San Bernardino, CA 92418.
Bids may be delivered in person to the Purchasing Department, 4th
floor of the above address.
3. Identification of Bids
Bidder(s) shall submit a Bid package consisting of:
a) a signed original of Bid and Price Form
b) One (1) copy.
The Bid package shall be addressed as shown above, bearing the
Bidder(s) name and address and clearly marked as follows:
RFQ F-09-19:
New Generation Fire Shelter
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(s)
responding to this RFQ.
c. The City reserves the right to postpone Bid opening for its
own convenience.
F. Pre-Contractual Expenses
Pre-contractual expenses are defined as expenses incurred by the
Bidder(s) in:
I
I
I
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(s) prior to date of award,
if any, of the Agreement. .
Page 6 of21
2009-293
RrQ F-09-19
The CitY shall not, in any event, be liable for any pre-contractual expenses
incurred by Bidder(s) in the preparation of its Bid. Bidder(s) shall not
include any such expenses as part of its Bid.
G. 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 riQht to apportion the award
amonQ two or more BIDDER/5).
H. Acceptance of Order
The successful Bidder(s) will be required to accept a Purchase Order in
accordance with and including as a part thereof the published Request for 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.
I. Local Preference
The City of San Bernardino gives any formal or informal bid submitted by a local
bidder for "goods or materials" a one percent (1 %) credit or "contractual services"
a five percent (5%) credit for cornparison purposes with other bidders. For the
purposes of this section, "local bidders" shall be bidders for which the point of
sale of the goods or materials shall be within the City of San Bernardino, as
authorized in Municipal Code Section 3.04.125.
I
I
I
I
I
I
Page 70f21
2009-293
!lFQ F-09-19
SECTION II.
TECHNICAL SPECIFICATIONS
Page 80nl
2009-293
. I
City of San Bernardino
TECHNICAL SPECIFICATIONS
RFQ F-09-19
NEW GENERATION FIRE SHELTER
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
Cateaorv I Acceotable I as soecified
New Generation Fire Shelter for City of San
Bernardino Fire Department Personnel as Personal
Protective Equipment.
i
1. SCOPE
As Specified
Every Firefighter on the Wildland/Urban Interface
fire needs to be equipped with a New Generation
Fire Shelter.
2. R~QUIREMENTS
As Specified
No substitution allowed for this item. The Bidder
shall only submit a bid for the New Generation Fire
Shelter. This New Generation Fire Shelter is known
as the industry standard for wildland
firefiqhtinq/urban interface firefiqhtinq aqencies.
Page 9 of21
2009-293
RFQ F-09-19
3. SPECIFICATION
New Generation Fire Shelters See Addendum #l
Attached
Regular-size, complete, (NSN: 4240-01-498-
3194).
Large, complete, (NSN: 4240-01-527-5248).
The Bidder shall submit a bid for Regular Size New
Generation Fire Shelters and Large Size New
Generation Fire Shelters complete with liner and
protective canvas type cover with military style
attachment clips.
4. UNIT PRICE REQUEST See Addendum #l
Unit price shall include all costs (i.e. price, shipping, Attached
and 9% sales tax).
5. ADDITION/DELETIONS/SUBSTITUTIONS
See Addendum #l
No Substitutions allowed. Attached
6. Delivery See Addendum #l
Vendor must contact the technical authority prior to Attached
delivery and shall deliver the equipment to the
requested location within the City of San Bernardino
limits. Quote shall include cost for shipment of
eauioment.
CATEGORY 11- BID INFORMATION ACCEPTABLE
\
Bid prices shall be valid for 120 days due to Acceptable
I orocessina reauirements.
Page 1001'21
2009-293
RFQ F-09-19
SECTION III.
BID CONTENT AND FORMS
Page II of21
2009-293
RFQ 1'-09-19
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(s), including name, address and
telephone;
b. proposed working relationship between Bidder(s) 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(s) to the
terms of the Bid.
Bidder(s) may also propose enhancement or procedwal or
technical innovations to the Technical Specifications, which
do not materially deviate, from the objectives or required
content of the project.
2. Exceptions/Deviations
State any exceptions to or deviations from the requirements
of this RFQ, stating "technical" exceptions on the Technical
Specifications form, and "contractual" exceptions on a
separate sheet of paper. Where Bidder(s) wishes to propose
alternative approaches to meeting the City's technical or
contractual requirements, these should be thoroughly
explained.
Page 12 of21
2009-293
RFQ F-OY-IY
3. Appendices
Information considered by Bidder(s) 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. BIDDER(S) 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(s) 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(s), and are valid and in full force and effect. Copies or legitimate
proof of such licensure andlor certification shall be included in Bidder(s)'s
response. Bids lackinq 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(s) 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 or statement of work; and 3) Bidder(s)'s
identification information including a binding signature.
Bidder(s) shall state cash discounts offered. Unless discount' payment
terms are offered, payrnent 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.G.B. Destination, Full Freight Allowed, unless
otherwise specified on price form.
Page 13 of2\
2009-293
.
PRICE FORM
RFQ 1'-09-19
n!]cop~
REQUEST FOR RFQ:
DESCRIPTION OF RFQ:
RFQ F-09-19
New Generation Fire Shelters
BUSINESS NAME/ADDRESS:
A11star Fire ~quipment
12328 Lower Azusa Rd.
Arcadia, CA 91006
NAME
AUTHORIZED REPRESENTATIVE Jason Broede
TELEPHONE:
EMAIL:
(800) 425-5787
jasonb@a11starfire.com
FAX:
(626) 652-0919
Please provide the Firm Fixed Price information in the spaces provided below. All
prices must include: liner, protective canvas type cover wi military style
attachment clips, shipping and 9% sales tax.
1. Regular-Size, cornplete
(NSN: 4240-01-498-3t94)
2, Large, complete
(NSN: 4240-01-527-5248)
$ 269.70
$ 317.22
Page \40f2\
"
2009-293
@c
RFQF-O<J-19 O~y
PRICE FORM (conlinued)
Are there any other additional or incidental costs that will be required by your firm
in order to meet the requirements of the Technical Specifications? Yes / ~
(circle one). If you answered "Yes", please provide detail of said additional costs:
Please indicate any elements of the Technical Specifications that cannot be met
by your firm.
e 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 120 days from RFQ close date.
Terms and conditions as set forth in this RFQ apply to this Bid.
Cash discount allowable Net % 30 days; unless otherwise stated, payment
terms are: Net thirty (30) days.
In signing this Bid, Bidder(s) 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. B!'llow,
please indicate all Addenda to this RFQ received by your firm, and the date said
Addenda was/were received.
Verification of Addenda Received
Addenda No:
Addenda No:
Addenda No:
1
Received on:7/9/2009
Received on:
Received on:
Broede, Inside Sales
AUTHORIZED SIGNATURE:
PRINT SIGNER'S NAME AND TITLE:
Page 1501'21
,'. "
2009-293
[{Fcfiile
O~y
PRICE FORM (continued)
DATE SIGNED:
COMPANY NAME & ADDRESS:
7/10/?OOq
A11star Fire Eauipment
12328 Lower Azusa Rd.
Arrriniri rA ql00n
PHONE: (626) 652-0900
FAX: (626) 652-0919
EMAILjrisonhidrillsrrirfire.com
IF SUBMITTING A "NO BID", PLEASE STATE REASON (S) BELOW:
Page 160f21
" .
2009-293
RFQ F-09-19
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 Bid in connection with RFQ F-09-19.
Business Name 1\ 1 1 '" t'" r F'; rf> Rcrn; pmpn t
BusinessAddress12328 Lower Azusa Rd.
Arcadia, CA 91006
Signature of Bidder( s)
Place of Residence
Notary Public in and for the
California.
day of
,20_.
, State of
My commission expires
,20_.
Pro
P<e.h~
C'-</..~ ('1,
, ~"/
/)()~ .
~(
~
4..0,...
C(I~
Page 17 of21
~ .
2009-293
,
CALIFORNIA JURAT WITH AFFIANT STATEMENT
~.
D See Attached Document (Notary to cross out lines 1-6 below)
D See Statement Below (Lines 1-5 to be completed only by document signer[s]. not Notary)
'J
o
.,
5
6
Signature 01 Document Signer No. 2 (if any)
State of
County of Los fI-n ge/..et;
Subscribed and sworn to (or affirmed) before me on this
IOlh day of
Date
(1) Ja.~tiV'L
dt.JILj"",
f!>...O~oI..e....
, 20~ by
Year
Name of Signer
proved to me on the basis of satisfactory evidence
to be the person who appeared before me (.) (.)
(and
....a.
COMM. .'847465 z
NaIIrJ Nlic . CIliIania ~
LOS ..... ClIlInIr ~
CaMI.' 12l1l3
(2)
Name 01 Signer
proved to me on the basis of satisfactory evidence
to be the person who appeared before me.)
Signatur~ ..tl (J&.VOd
Signature of Notary PUblic
Place Notary Seal Above
OPTIONAL
Though the information below is not required by law, it may prove
vtJluable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Further Description of Any Attached Document
n'eo,TypeofOocume't nl5V1- &/U~;OY\ AffitJI/tVI'-f
.
Top ollhumb here
Top of thumb here
Oocume", Date: j ~ i.\1 I D I ?.AlTt{
Number 01 Pages:
/
Signer(s) Other Than Named Above:
~~_._.-._._._.-._'_._._'-
C2007NatiOnal Notary Association- 9350 De SotoAV1!., P.D.Box 2402-Chatswonh,CA 91313-2402-www.NalionalNotary_org nem 115910 AeortIer.CaHToII-Freel-600-875-6827
.' .
< \
2009-293
RFQ F-09-19
SECTION IV.
GENERAL SPECIFICATIONS
Page 18of2l
,
'?' .
2009-293
RFQ 1'-09-19
IV. GENERAL SPECIFICATIONS
1. Each Bid shall be in accordance with Request for Bids (RFQ) Number F-09-19. All
specifications are minimum. BIDDER(S) are expected to meet or exceed these specifications
as written. Bidder(s) 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(s) 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 120 days of the opening
thereof.
S. Regular dealer. No Bidder(s) 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(s) 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 andlor 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(s) 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 work
continuously and diligently and shall deliver the items at the earliest possible date following
the award of the contract.
10. Each Bidder(s) shall list in their Bid all factory, manufacturer's andlor 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
proposed and awarded, ready for installation and fully equipped as detailed in these
, specifications.
12. Price shall be Bid F.G.B. San Bernardino (all transportation charges shall be fully prepaid),
and shall include all discounts. Bid shall include California sales tax, where applicable,
(effective April 1, 2009) computed at the rate of 9%, (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. BIDDER(S) 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 excepted in the Bid.
Page 1901'21
· 1 ·
2009-293
RFQ F-O'!-I '!
15. The ilems which Ihe Bidder(s) proposes to furnish the Cily 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 this RFQ specifications shall guarantee that
equipment meets 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.
17. By submitting a Bid, each Bidder(s) 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 Division 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 proposed and in complete accordance with all provisions of RFQ No. F-09-19. 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 Title I of the Government Code of the State of California.
21. One Document. These specifications, the Request for Bid, RFQ F-09-19, 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(s) 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 Morrow at 909-384-5086. Technical questions may
be sent via lax to 909-384-5043, or email to morrow_de@sbcity.org. The answers to material
questions will be posted to our website www.sbcitv.org by the dates contained in this
document.
25. BidlPrice 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,
Page 20 of2l
oj ....-
2009-293
RFQ F-0'i-19
4th Floor, City Hall, San Bernardino, California 92418. CLEARLY MARK THE RFQ
SPECIFICATION TITLE "New Generation Fire Shelter "AND NUMBER F-09-19 ON THE
OUTSIDE OF THE ENVELOPE.
26. Time. All Bids must be received in the Purchasing Division no later than 3:00 PM, PST PM
PST, July 16, 2009, where at such time and said place Bids will be publicly opened,
examined and declared. Any Bid may be withdrawn by Bidder(s) 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 andlor services in all categories.
28. Equipment. In the purchase of equipment, Contractor shall be required to furnish one (1)
OPERATORS MANUAL and one (1) PARTS MANUAL for all equipment Bid.
29. In submitting a Bid to a public purchasing body, the Bidder(s) 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. See 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(s) 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(s).
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 maintain in effect policies of comprehensive public, general, and automobile liability
insurance, in the amount of $1,000,000 combined single limit, and statutory worker's
compensation coverage, and shall file copies of said policies with the City's Risk Division
prior to undertaking any work under this Agreement. The policies shall name the City as an
additional insured and shall provide for ten-(1 0) day notification to the City if said policies are
terminated or materially altered.
;>>,.. FAITHFUL PERFORMANCE BOND. Not required. The COAtractor will be require" to furAisA
~=='=r~::~ :,ru.::u~~: :~i;:~t:1~~~=:~::o 7na::~:~a:.:;t~fu1
pelfGfmaAGe of tAis GOAtraGI. Sai" surety SA all be suBjest to IAe approval of tAe City of SaA
Be<Aar"ino, bOA"s sAall be iA aGGOr"aAGe wilA Or"iAanee No. 821, Section 2400, aA" the
GOflloratioR issuiR~ sai" bon" sA all Aa'le a ratin~ iR Best's mOEt COGeRt in.uranGe ~ui"e of"^:
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 RFO.
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(s) warrants that any and all licenses andlor certifications required
by law, statute, code or ordinance in performing under the scope and specifications of this
RFO are currently held by Bidder(s), and are valid and in full force and effect. Copies or
legitimate proof of such licensure andlor certification shall be included in Bidder(s)'s
response. Bids lackinll copies andlor proof of said licenses andlor 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 maintain a valid City Business Registration Certificate during the term of the Agreement.
Page 21 of21