HomeMy WebLinkAbout2009-364RESOLUTION NO. 2009-364
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
AND ISSUANCE OF A PURCHASE ORDER TO MALLORY FIRE IN THE
AMOUNT OF $31,600 FOR THE NEW GENERATION FIRE SHELTERS AND
RESCINDING RESOLUTION 2009-293.
WHEREAS, the Mayor and Common Council previously adopted Resolution #2009-
293, approving the execution of an agreement and issuance of a purchase order to Allstar Fire
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Equipment in the amount of $34,489.25 for 100 large and 21 regular size new generation fire
shelters; and,
WHEREAS, upon the Fire Department ordering the fire shelters with Allstar Fire
Equipment, it was determined that the unit price submitted to City did not include the sales tax
and as a result Allstar was not the lowest bidder for the large fire shelters, and,
WHEREAS, award is to be made to Mallory Fire as the next lowest bidder;
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Resolution 2009-293 and all authorizations thereunder are hereby
rescinded.
SECTION 2. That Mallory Fire is the lowest and best responsible bidder for the
purchase of 100 large new generation Fire Shelters, in accordance with Bid Specifications #F-
09-19 for a total amount of $31,600.
SECTION 3. The City Manager is hereby authorized and directed to execute on behalf
of the City a Purchase Agreement with Mallory Fire, a copy of which is attached hereto,
marked Attachment "A" and incorporated herein by reference as fully as though set forth at
length; and
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2009-364 •'
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
1 AND ISSUANCE OF A PURCHASE ORDER TO MALLORY FIRE IN THE
AMOUNT OF $31,600 FOR THE NEW GENERATION FIRE SHELTERS AND
2 RESCINDING RESOLUTION 2009-293.
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SECTION 4. The Director of Finance or her designee is hereby authorized to issue a
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5 purchase order to Mallory Fire. The purchase order shall incorporate by reference this
g Resolution number, shall reference the terms in RFQ Bid Specification #F-09-19, and shall
7 incorporate the terms and conditions of the bid of Mallory Fire. The Purchase Order shall
8 further read "not to exceed $31,600."
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SECTION 5. The authorization to execute the above referenced Agreement and issue
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the above-referenced Purchase Order is rescinded if it is not executed/issued within thirty (30)
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days of the passage of this Resolution.
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2009-364 w
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 MALLORY FIRE IN THE
AMOUNT OF $31,600 FOR THE NEW GENERATION FIRE SHELTERS AND
RESCINDING RESOLUTION 2009-293.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a i oint re ug lar meeting thereof, held on
the 7th day of December , 2009, by the following vote, to wit:
COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
ESTRADA x
BAXTER x
BRINKER x
SHORETT x
KELLEY x
x
JOHNSON
x
MCCAMMACK
Rachel Cf. Clark, City Clerk
City of San Bernardino
The fore oin Resolution is hereb a roved this ~~ ~ December
g g y pp q _day o~ , 2009.
Approved as to form:
JAMES F. P,ENMAI\
By:
City Attorney
trick Morris, a r
City an Bernardino
3
2009-364
PURCHASE AGREEMENT
ATTACHMENT "A"
This Purchase Agreement is entered into this 7th day of December , 2009
by and between Mallory Fire ("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 the purchase of new generation 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 100
large new generation fire shelters 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 and/or services delineated above, the City, upon presentation of an
invoice, shall pay the Vendor $316.00 per fire shelter, up to the amount of
$31,600.00 for 100 fire shelters.
b. No other expenditures made by Vendor shall be reimbursed by City.
3. TERM; TERMINATION.
This purchase shall be completed within sixty (60) days.
This Agreement may be terminated at any time by thirty (30) days' written notice by
either party. The terms of this Agreement shall remain in force unless mutually amended.
4. WARRANTY
Vendor expressly warrants that all products and services supplied to City by Vendor
under this Agreement shall conform to the specifications, drawings or other description upon
which this PURCHASE is based, shall be fit and sufficient for the purpose intended,
merchantable, of good material and workmanship, free from defects and free and clear of all
liens or encumbrances. Inspection, testing, acceptance or use of the goods by the City shall not
affect Vendor's obligations under this warranty, and such warranty shall survive inspection,
testing, acceptance and use. Vendor agrees to replace or correct promptly defects of any goods
or services not conforming to the foregoing warranty without expense to the City, when
notified of such non-conformity by City. If Vendor fails to correct the defects in or replace
non-conforming goods or services promptly, City may, after reasonable notice to Vendor, make
such corrections or effect cover, or cure, at Vendor's expense. "Reasonable notice" for
purposes of this section shall not be deemed to require more than 60 calendars days notice
before commencement of efforts by the City to effect cover or a cure except upon written
agreement of the Parties.
2009-364
4.5. INDEMNITY.
Vendor agrees to and shall indemnify and hold the City, its elected officials, employees,
agents or representatives, free and harmless from all claims, actions, damages and liabilities of
any kind and nature arising from bodily injury, including death, or property damage, based or
asserted upon any actual 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 services 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.
6. 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 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.
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 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 condition, marital status, sexual gender or
sexual orientation, or any other status protected by law.
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
Vendor warrants that it possesses or shall obtain, and maintain a business registration
certificate as required under Chapter 5 of the Municipal Code, and any other license, 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: San Bernardino City Fire Department
200 East Third Street
San Bernardino, CA 92410
Attention: Fire Chief
Telephone: (909) 384-5286
2009-364
TO THE VENDOR: Mallory Fire
236 W. Orange Show Rd #103
San Bernardino, CA 92408
Attention: Matt Cassidy
Telephone: (909) 383-0147
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.
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 of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
provisions.
16. SEVERABILITY.
If any provision of this Agreement is determined by a court of competent jurisdiction to
be invalid or unenforceable for any reason, such determination shall not affect the validity or
2009-364
PURCHASE AGREEMENT
MALLORY FIRE/CITY OF SAN BERNARDINO
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. REMEDIES; WAIVER.
All remedies available to either party for one or more breaches by the other party are
and shall be deemed cumulative and may be exercised separately or concurrently without
waiver of any other remedies. The failure of either party to act in the event of a breach of this
Agreement by the other shall not be deemed a waiver of such breach or a waiver of future
breaches, unless such waiver shall be in writing and signed by the party against whom
enforcement is sought.
18. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supersedes any prior agreements and understandings relating to the subject manner
of this Agreement. This Agreement maybe modified or amended only by a written instrument
executed by all parties to this Agreement.
IN WITNESS THEREQF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: ~~~'~'~ , 2009
Dated Z ~ , 2009
Approved as to Form:
James F. Penman, City Attorney
By:
MALLORY FIRE
Its: 1 h t•~~ Sa/~ s R~~~ r~., ~~-f~ ~~
B
CITY OF SAN BERNARDINO
2009-364
Exhibit "A"
2009-364
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V
PRICE FORM
REQUEST FOR RFQ: RFQ F-09-19
DESCRIPTION OF RFQ: New Generation Fire Shelters
BUSINESS NAME/ADDRESS: The Mallory Company
236 W. Orange Show Rd, #103
San Bernardino CA 92408
NAME
AUTHORIZED REPRESENTATIVE Steve Brunello
TELEPHONE: 800-426-b830 / 909-383-0147
EMAIL: stephenbrunello@malloryfire.com
Fps(; 909-383-0148
Please provide the Firm Fixed Price information in the spaces provided below. Ali
prices must include: liner, protective canvas type cover w/military style
attachment clips, shipping and 9~ sales tax.
Please see addendum #1 for Price Breakdown
1 _ Regular-Size, complete
(N S N :4240-01-49 8-3194 )
2. Large, complete $
(NSN: 4240-01-527-5248)
Delivery: 7 to 14 days depending on size o£ order
From inventory: 2 to 5 days
Page 14 of 21
2009-364
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 = $295.39 , 10-25 items = $ 271.00 , 25-100 items = $271.00
Large Size:
1-10 items = $344.44 , 10-25 items = $ 316.00 , 25-100 items = $316.00
Shipping destination is 200 E. 3RD Street, San Bernardino CA 92410.
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 have an expected quantity of shelters that need to be purchased for the City?
Answer. Estimated quantify is 85 to 10(1 shelters. 10 - 15 may he regular
size.
Sincerely,
Deborah R. Morrow, C.P.M., MPA
Purchasing Division
2009-364
PRICE FORM (continued)
Are there any other additional or incidental costs that will be required by your f'
in order to meet the requirements of the Technical Specifications? Yes / N
(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.
Not: applicable
you included in your Bid all informational items and forms as requested?
es / 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 ~ % 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. Below,
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: 1 Received on: Jp1y 10, 2009
Addenda No: /~Rg~e'wed
Addenda No: F~eceived on:
AUTHORIZED SIGNATURE:
PRINT SIGNER'S NAME AND TITLE: Ramona'Wallace, Bids/Contracts Coordinator
Page 15 of 21
2009-364.
PRICE FORM (continued}
DATE SIGNED:
COMPANY NAME & ADDRESS
Julv 13 2009 _
The Mallarv Comnanv __
236 W. Orange Show Rd, San Bernardino, cA
PO Box 2068. LonRView. WA 98632
PHONE: 800-426-b830
F,qx: 909-383-0148
EMAIL: stephenbrunelloG~mallory~ire.com
ramona.wallace@mal~oryco.com
IF SUBMITTING A "NO BID", PLEASE STATE REASON (S) BELOW:
Page 16 of 21
2009-364
NON -COLLUSION AFFIDAVIT
TO; THE COMMON COUNCIL, CITY OF SAN BERNARDINO
1n accordance with Title 23, United States Code, Section 112, the undersigned
hereby states, under penalty of perjury:
That he/she has not, either directly or indirectly, entered into any agreement,
participated in any collusion, or otherwise taken action in restraint of free
competitive Bid in connection with RFQ F-09-19.
Business Name The Mallory Company
Business Address 1040 Industrial Wav. PO Box 2068
ongvew W 98632
Signature of Bidder(s)
Ramon Wallace, Bids/Contracts Coordinator
Toutle, Washington
Place of Residence
Subscribed and sworn before me this ~ ~~' day of , 20~
Notary Public in and far the County of ~ l.UU7~~'~ _, State of
California.
My commission expires ~U ~~~ ~ ~ 20~•
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Page 17 of 21
2009-364
2 ,.f.}
•. •~
SECTION IV.
GENERAL SPECIFICATIONS
Page 18 of 2l
2009-364
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lV. GENERAL SPECiIFICATIONS
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 RFQ specifications and requirements.
Conditional Bids, or those that fake exception to the RFQ specifications and requirements,
may be considered non-responsive and may be rejected.
2. The City reserves the right to acceptor 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 Clty 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 shat! be firm offers, subject to acceptance or rejection within 120 days of the opening
thereof.
5. Regular dealer. IVo 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
7. ~~ac~`~idder($S81u
ks v~.'r~~e'rytf.{~"~v.S-iT r2F~~l:::o~ ~ ~r t. .. .. . . .. :.:. .: ..... ...... ~~._.._ -. •r:~~.. .. ,..: : ...;
;,,ttie equ~pme , 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.
~c.j::..
9. Each ~Biifites -must"state in. their Bid the:guaranteed d~ivery;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. rEactt:Bidder(s) 'shall I~st in their Bld all factory~:m ~nufacty~~,~,~lfjlor,r~~~leris war,~rEty.,~tld~or
~~r'~~'#~ coverage and,;shatl submit st)°ch ~ivrltten documents evidencing the same attached
ii. -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.O.B. San Bernardino (aN transportation charges shall be fully prepaid),
and shat{ include all discounts. Bid shat{ include California sales tax, where applicable,
(affective April 1, 2009) computed at the rate of 9°k, (this will normally be shown as a
separate line item on the price form).
i3. 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 Btd.
Page 19 of 21
2009-364
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iS. The items which the Bidder(s) 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 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 Sid, each Bidder(s) agrees that in the event compiete delivery is not made
within the time or times set forth pursuant to this specificafion, 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 ar 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 compiete accordance with all provisions of RFQ No. F-09-19. In
most cases the basis of award wilt be the City's standard purchase order that may or 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 far one year thereafter shalt have any interest, direct ar 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, ar 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 tc the other party or parties, even if such interest would not be considered a conflict
of interest under Article 4(commencing with Section 9080) 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
Bld, 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 shalt be construed together as one document. Anything called for in any one
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 contractor 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 wilt only be used during $ld evaluation in the case of ties.
24. Inquiries. Direct all inquiries to Deborah Morrow at 909-384-5086. Tech»ical questions may
be se»t via fax to 909-384-5043, oremail to morrow de@sbcity.org. The answers to material
questions wilt be posted to our website ~«~~;~.sbciiv. °re by the dates contained in triis
document.
25. BidlPrice forms. No Bid wit! be acceptable unless prices are submitted on the pricing forms
furnished herein, and all required forms are completed and included with Bid. Denver alt Bids,
signed and sealed, to the Purchasing Division, Finance Department at 300 North "D" Street,
Page 20 of 21
2009-364
4~' Floor, City Hall, San Bernardino, California 92418. CLEARLY MARK THE RFQ
SPECIFICATION TITLE "New Generation Fire Shelter "AND NUMBER F-09-19 ON THE
OUTS DE OF THE ENVELOPE.
26. Tim®. All l3ids must be received in the Purchasing Division no later than 3:00 PM, PST PM
PST, Jufy 16, 2009, where at such time and said place Bids will be publicly opened,
examined and declared. Any Bid may be withdrawn by Bidders} prior to the above scheduled
time for the opening of Bids. Any Bid received after that time and date specified shall NOT be
considered.
z7. 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 far
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 Bidders} offers and agrees that if the Bid
is accepted, it will assign to the purchasing body all rights, title, and Interest in and to all
causes of action it may have under Section 4 of the Clayton Act (U.S.C. Sec 15) or under the
Cartwright Act (Chapter 2, commencing with Section 16700 of Part 2 of Division 7 of the
Business and Professions Code), arising from purchases of goads, 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
8idder(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 #his 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-(10) day notification to the City if said policies are
terminated or materially altered.
3~-: FAITHFUL PERFORMANCE BOND. Not required.
,
,.
ef-1~9t#eF:
33. Written contract documents, duly aufhorized and signed by the appropriate authority,
constitute the complete and entire agreements} that may result from the RFQ.
34. City may, at its discretion, exercise option year renewals for up to 3 years, in one-year
increments.
35. By submitting a Bid, Bidder(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. Bide lacking copies andlor proof of said licenses andlor certifications. may
be deemed non-responsive and maybe 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 of 2 i
____ ire Sheltors
F ____.___.______.
U.5. GOVERNMENT APPROVED
New-generation fire shelters provide increased
protection from radiant and convective heat
in wildiand firefighter entrapment situations.
•
IND~N~,R
~ ., -
_~_~_r ~_ __~ ~ ~.:~er__ s __.__.___ _. __ _.__.____________~________.
Manufactured to U.S. Forestry Service Specifications
l=ire Shelter (Regular), Complete
Size: Regular
Deployed size: Length: 8b"; 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-bOb. New-
generatian fire shelter provides in-
creased protection from radiant and
convective heat in wlldland 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 firefight-
ers teller than b' 1 " or whose girth ex-
ceeds 53" at any point. The larger fire
shelter provides better protection for
larger people by allowing fens contact of
the shelter material with the occupant's
body, and provides more air space be-
tween the shelter and occupant. The
large fire shelter fs easily idenfifled by -~~
the orange deploy strap. Forest Service "
Spec 5100-606. (NFES #0975)
P~rc~~.tice ~ir~ .S~nel_~.~rs
& Replacement Parts
Regular Size
TraininglPractice Fire Shelters,
Complete in Large and Regular Size
Note: This item is not fire-resistant and
should not be used as a fire shelter.
(NFES #2678) Reusable practice fire
shelter system for training In use of
M-2002 fire shelter.
Same
size and
dimen-
sians as
M-2002
Large SizE
~:
Practice Polyvinyl Bag Instructional DVD
Replacement Parts
(M-2002} Fire Shelter
• Blue Carrying Case -opening
flap closes with Velcro. Includes ver-
tical and horizontal hangers. instruc-
tions provided in front pocket. Forest
Service Spec 5100-609. (NFES #0927)
• Carry Case Liner -Open-topped
hard plastic liner fits inside M-2002
fire shelter carrying case. diner pro-
tects the shelter from being crushed.
Forest Service Spec 510010. (NFES
p0928)
• Polyvinyl Bag -Reusable poly-
vinyl bag for M-2002 practice fire
shelter, Simulates the tear-open bag
used with the real fire shelter. Forest
Service Spec 5100-611, (NFES #2681)
• Instructonal pVt) -Complete in-
structional pVp for the Standard Fire
and Practice She{tens. Contains both
English and Spanish versions.
Carrying Case Uner
Carrying Case
~_u a~ _i _t~
SAFETY IS NO.1
Anchor Industries Inc. has been
manufacturing government ap-
proved fire shelters for over 30
years. With specially designed
manufacturing equlpmerlt, shelters
are produced In large quantltie5
with rapid turnaround. Experience
speaks volumes when the product
is so crl#Ical. Government awards
prove that Anchar Fire Shelters are
an Industry standard.
WiTN HICK : NO~`JOi~S
2001 Fort Bragg: Commander's Certificate of
Achievement for delivering high qualify prod-
ucts before the contractual suspense date.
2000 Defense Contract Mvnogement Agen-
cy (Indianapolis): Best Faith Effort Award for
Utilization of 5rnall and 5malt Disadvantaged
Businesses.
1999 Defense Loplst'scs Agency: Value Engi-
neering Contractor of the Yeor
1995 Defence Logistics Agency: Value Engi-
neering Contractor of the Year
1991 Defense Contract Management Agency
(North Carolina): Recognition for Contractor
Support of Operation Desert Shield/Storm.
Anchor Industries Inc.
FOR OVER 100 YEARS
Anchor Industries tnc., based In Evansville, Indiana, Is a worldwide leader in
the design and manufacture of custom fabric products for commercial and
government use. With numerous government contract awards, Anchor Is
dedicated to producing quailty products at timely, cos# effective rates.
EXCELLENCE 11V SERVICE & QUALITY
• In-House Engineering
• U.S. Manufacturing
• Worldwide Sales & Service
CII R®
INDUSTRIE~INC. , _
1 i 00 Burch Dr. • iEvansville, tN 47725 • 800-544-4445 • ph. 812-867-2421 • fax 812-867-0547
www.anchorinc.com • military@anchorinc.corn
2009-364
Plt()1' 21 ~'i' h ill(
Performance/Qualifications
Submitted with pride by
Malloryl=lre
A division of The Mallory Co., Enc.
236 W. Orange Show Rd, #103
San Bernardino, CA 92408
The I1llallory ~o., Inc.,
1040 Industrial Way
PO Box 2068
Longview, WA 98632
For any purpose other than to evaluate the proposal, this data shall not be duplicated, used, or disclosed
in whole or In part. The data subject to lhls resttlctlon Is contained in page(s) ALL of this proposal.
Use or disclosure of all proposal data on this page are subject to the restriction on the Cover Sheet of this proposal.
P12O!'EZ1 E7 :al2Y
2009-364.
_ Past PerformancelCorporate Experience
Mallory Past Performance
The Mallory Co., Inc. ("Mallory"), headquartered in Longview, Washington, is a full-tine fire, safety,
and emergency services equipment dealer with over 30 years' experience providing products to fire
departments; and commercial/industrial users, and federal, state, and local agencies. As a HUBZone
Small Business with a team of approximately 90 employees and seven locations in Oregon, Washington,
and California, Mallory has developed a track record of fast, dependable, and resourceful service, with the
attention to detail and reporting that this agreement requires.
Our most analogous agreement in terms of dollar value, geography, and product scope is the contract
Mallory maintains for the Mine Safety Appliance (MSA) brand of self-contained breathing apparatus,
CBRN-compliant Millennium gas masks, and related products for the state of California. Under this
agreement, Mallory recorded over $3 million and over $5 million in annual sales and service in 2005 and
2006, respectively. Mallory's outstanding experience providing this type of product and related services
and training within the state of California is a direct match to Bechtel's needs. California Department of
Forestry (CDF) is the second-largest fire department in the U.S., with over 4,000 firefighters. Mallory has
trained, serviced, and supported various CDF ranger districts with their respiratory protection needs, with
activity ranging from performing warranty service work on their SCBAs, to training CDF field
technicians to maintain their equipment, to fit testing and air management programs.
Large single-order experience: Mallory also has experience processing large single orders in a
competitive bid environment. Mallory has been successful several spot purchases of Bullard and MSA
purchases at Bechtel, CH2M Hill and Washington Closure Hanford, as reflected in Table 2, Mallory Past
Performance Contract/Order Listing. Mallory was successful with severa12006 project bids for custom-
manufactured firefighting apparatus built by Mallory for the forestry departments in the states of
Mississippi, Tennessee, and Kentucky, each totaling over $300,000 in purchase value. Mallory delivered
a nearly $500,000 turnout order to San Bernardino County, CA, and individual SCBA orders in excess of
$800,000 for Napa County, CA, Twain Harte Fire, CA and California Department of Forestry. Mallory
has the financial strength, creditworthiness, and relationships with to support the large individual
purchases anticipated by this proposal.
Use or disclosure of all proposal data on this page are subject to the restriction on the Tltte Page of this proposal.
Page 3
PRt?YR[F'CrtR~'
2009-364
1'RQPR~E'('r'~.[t~'
Performance References
Riverside Cow~ty Fire
Service Center
210 W. San Jacinto Avenue
Perris, CA 92370
Contact: Charlie Sortello
PH: 951-940-6388
Gity & County of San Erancisca
1 Dr. Carlton B. Goodlett Place
San Francisco, CA 94102
Contact: Dorothy Teupel
PH: 415-318-45 ] 6
San Bernardino County Fire
Service Center
2824 East `W' Street
San Bernardino, CA 92408
Contact: Marta Govan
PH: 909-382-5404 ext. 1
Palm Beach County
50 S. Military Trail, Ste 110
West Palm Beach, FL 33415-3199
Contact: Laura Menge!
PH: 561-616-6817
Use or disclosure of all proposal data on this page are subject io the restriction on fhe Title Page of this proposal.
Page 4
• [';t~ot'[ztr~~~ja~~
2009-364
Bid Documents to Be Returned
RFQ F-09-19
NEW GENERATION FIRE SHELTER
Technical Specifications -Acceptable as specified (City Form) II Technical specificati°na
^~'~,COpy of Contractor LICenSe III Bid Content and Forms, General Specification #35, Instn,Glons to Bidder(s) /
Bidders
[~ Bidder Experience, Competency, Qualification and Profile {Vendor Document) Ill
Bld ! Bld Content Forms
['~ Non-Collusion Affidavit (City Form) Instructions to Bldaer~s> r Bidders
^ ~~isting of Proposed Subcontractor (City Form) Itl Eta' Bid content and Forms
Pnce Form (City Form) Instrudions to Bidders, III Bid Content and Forms
AUtIIOrIZed $IgnatUreS InstruGions to t3ldders
[~ Bidder Identification III Bld content and Forms
Addendum Received III eta content and Forms
[~" 12Q Day Bid Validity Statement m Bla content ana Fonns
[~ Authorized Signatures ul Btd content and Forms
[~ References III Bla content ana Fonna
~`P`Calendar Day Acknowledgment of Delivery of Materials or Services General
5pecificalions #S
Proper Identification and Submittal of Bid/Bid Package, and Price Form Instnict[ons to
Bidders
Bidders are requested to submit this checklist completed with all bid documents.
Page 3 of 21
2009-364
iZf C) f ~<.. .
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. BIDDERS} are cautioned, however, that this does not
constitute an invitation to submit large amounts of extraneous
materials; appendices should be re{evant and brief.
B. LICENSING AND CERTIFICATION REQUIREMENTS
By submitting a Bid, Bidder(s) 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(s), and are valid and in full force and effect. Copies or legitimate
proof of such licensure and/or certification shall be included in Bidders}'s
response. Bids lackin co ies andlor roof of said licenses andlor
certifications may be deemed non-responsive and ma be re acted.
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, 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 la#er, to the da#e 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.D.B. Destination, Full Freight Allowed, unless
otherwise specified on price form.
Page 13 of 21