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Home My WebLink About2010-335 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 NO. 2010-335 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ISSUANCE OF AN ANNUAL PURCHASE ORDER TO ALL STATE POLICE EQUIPMENT FOR AMMUNITION NOT TO EXCEED $118,000 FOR FY 2010-2011 WITH THREE OPTIONAL RENEWAL YEARS. WHEREAS, All State Police Equipment has submitted the lowest qualified bid for the purchase of ammunition for the police department, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor and Common Council of the City of San Bernardino authorize the Purchasing Manager to issue an annual purchase order to All State Police Equipment for ammunition not to exceed $118,000 for FY 2010-2011, pursuant to Bid No. F- 10-18, a copy of which is attached hereto and incorporated herein as Exhibit "A.". SECTION 2. The authorization to issue the purchase referenced in Section 1 of this resolution is rescinded if the purchase order is not issued within 60 days of the passage of this resolution. III III III III III III III III III 2010-335 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ISSUANCE OF AN ANNUAL PURCHASE ORDER TO ALL STATE POLICE EQUIPMENT FOR AMMUNITION NOT TO EXCEED $118,000 FOR FY 2010-2011 WITH THREE OPTIONAL RENEWAL YEARS. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the 4th day of October ,2010, by the following vote, to wit: NAYS ABSTAIN ABSENT Council Members: AYES x MARQUEZ x DESJARDINS x BRINKER x SHORETT x KELLEY x JOHNSON x MCCAMMACK The foregoing resolution is hereby approved this ~~k.~ chel G. Clark, City Clerk -rJ.J-" G; ~ day of October .2010. ~MaYOr City of San Bernardino 24 Approved as to form: 25 26 27 28 2010-335 SECTION I. INSTRUCTIONS TO BIDDERS 2 EXhibit "A" RFQF-IO-IS Ammu'nitioll fDS~1E police Eauipment P.O. Box 40 1ft Claremont, CA 91711 ,~'" Phone: 800-582-2294 Fax: 909-596-3246 "",," D D D D D D D D D D 2010-335 RFQ F-Iu-l:i Arnnlllnitinn City of San Bernardino, Finance Department Purchasing Division Bid Documents to Be Returned by Bidder RFQ F-10-18 AMMUNITION D Copy of Contractor License (if applicable )111 Bid Content and Forms, General Specification #35, Instructions to Offeror(s) I Bidders D Bidder Exgerience, Competency, Qualification and Profile (Vendor Document) III Proposal I Bid ontent Forms Non-Collusion Affidavit (City Form) Instructions to Offeror(s) I Bidders listing of Proposed Subcontractor (City Form) III Proposal! Bid Content and Forms Cost / Price Form (City Form) Instructions to Bidders, III Bid Content and Forms Authorized Signatures Instructions to Bidders Bidder Identification III Bid Content and Forms Addendum Received (City Form) III Bid Content and Forms 90 Day Bid Validity Statement III Bid Content and Forms Authorized Signatures (City Form) III Bid Content and Forms References III Bid Content and Forms Proper Identification and Submittal of Proposal/Bid Package, and Price Form Instructions to Bidders Bidders are requested to submit this checklist completed with all bid documents. This list may not be reflective of all documents necessary for submittal. 3 2010-335 RF() F-IO-IK Ammunition I. INSTRUCTIONS TO BIDDERS A. Mandatory Pre-Bid Conference/Job Walk N/A B. 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. C. 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. D. 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 0.2 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 posted to our website, and may be sent to all persons who have requested the RFQ. 2. Submitting ReQuests a. All questions, clarifications or comments shall be put in writing and must be received by the City no later than 5:00, PM, PST April 15, 2010 and be addressed as follows: City of San Bernardino 300 North "0" Street 4th floor, Purchasing Division 4 2010-335 RFQF-l0-IR Anl111Unitioil Attn: Deborah R. Morrow, San Bernardino, CA 92418 b. The exterior envelope of all requests for clarifications, questions and comments must be clearly labeled, "Not an Offer," The City 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 email to: morrow de@sbcitv.org, or facsimile machine; however, all emailed or faxed questions must be received by the City no later than the date and time specified above, Send facsimile transmissions to (909) 384-5043, Attention Deborah Morrow. c. Inquiries received after 5:00 PM, PST April 15, 2010 will not be accepted. 3. City Responses Responses from the City will be communicated in writing to all recipients of this RFQ, and will be posted to our website, www,sbcitv.orq, no later than the close of business on May 3, 2010. For automatic notification, please sign-up for "e-Notify" on our home page. E. Submission of Bids 1. Date and Time All bids are to be submitted to the City of San Bernardino, Attention: Deborah Morrow, Purchasing Manager. Bids received after 3:00 PM, PST, Mav 10, 2010, will be rejected by the City as non-responsive. 2. Address Bids shall be addressed as follows: City of San Bernardino Finance Department 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 5 2010-335 RHJF-JO.Jt) Arnll1l.lnirion Bidder shall submit a SEALED bid package consisting of: a) one (1) signed original of Quote and Price Form b) two (2) copies of each The bid package shall be addressed as shown above, bearing the Bidder's name and address and clearly marked as follows: RFQ F-10-18: "Ammunition" 4. Acceptance of Bids a. The City reserves the right to accept or reject any and all bids, or any item or part thereof, or to waive any informalities or irregularities in bids. b. The City reserves the right to withdraw this RFQ at any time without prior notice and the City makes no representations that any contract will be awarded to any Bidder responding to this RFO. 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 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. G. Contract Award Issuance of this RFO 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, 6 2010-335 RFQ F- i 0- [X Ammunition 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. H. 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. I. Business License The City's Business Ordinance requires that a Business doing business with the City, obtain and maintain a valid City Business Registration Certificate during the terms of the Agreement. Bidder agrees to obtain such Certificate prior to undertaking any work under this Agreement. J. Local Vendor Preference The City of San Bernardino gives any formal or informal bid submitted by a local bidder a one percent (1%) credit for goods and materials, where labor and/or installation is incidental; and a five percent (5%) credit on Contractual services, for comparison purposes with other bidders, as authorized in the San Bernardino Municipal Code Section 3.04.125, and Executive Order 2003-1, respectively. For the purposes of this section, "'ocal bidders" shall be bidders for which the point of sale of the goods, materials or services shall be within the limits of the City of San Bernardino. 7 2010-335 RFQ F-IO-18 Ammunition SECTION II. TECHNICAL SPECIFICATIONS 8 2010-335 !~ F(! F- [ U- j ;-.; AmmUliitinn City of San Bernardino TECHNICAL SPECIFICATIONS RFQ F-10-18 Ammunition 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 on 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 CATEGORY I ACCEPTABLE/AS SPECIFIED INVENTORY - Furnish and deliver ammunition needed for A.; reAd quarterly qualifications, training and duty use as required by the City. The contractor shall maintain an inventory for each item. RANGE QUALlFICTION/TRAINING AMMO "Winchester or Remington" factory ammunition ONLY. No remanufactured or As speo.f)eL reloaded ammunition will be considered or substituted. Range Loads: RvYt , i1Jfof1- 9mm 115 gr.FMJ 18,828 rounds AOcal180gr. FMJ 18,345 rounds A5ACP 230gr. FMJ 300,181 rounds Duty Ammunition 9 2010-335 RH)F-IO-IK A!Tlllll.lniU,'!1 Remington Brand Bonded Golden Sabre GSB9 1,696 rounds As spe-clftecl- Bonded Golden Sabre GSB40 1,400 rounds Bonded Golden Sabre GSB45 14,987 rounds Shotqun and Rifle Loads Winchester or Remington ammo ONLY for: As SF.f'iM 12 gauge, 2 %" 00 buck (9 pellets) 9,638 rounds 12 gauge, 2 %", 1 oz. Rifled slugs 3,407 rounds RbYtl0j-lok. 12 gauge double A Birdshot 7 ~ short 2,000 rounds 12 gauge Less Lethal Bean Bag 175 rounds N/A (training rounds) DT3027 40MM Sponge Round (for XM1006) 192 rounds N/A (training rounds) DT6525 .223 cal 55gr. Ball 12,000 rounds CATEGORY II MET Range Loads: A S specr(}ec1 9MM 115gr. FMJ 50,000 rounds .45 ACP 230gr. FMJ 16,000 rounds .223 cal 55gr Ball 35,000 rounds R~l~ .308 Sniper 1,000 rounds Duty Ammunition: Remington Brand Bonded Golden Sabre GSB9 1,000 rounds A <; s~l.f'((?cf2 Bonded Golden Sabre GSB45 1,000 rounds .223 cal soft point 1,000 rounds 40MM 48 rounds SIMMS AMMO 9MM SIMS 2,000 rounds NIA 40MM Practice reloads 36 rounds 12ga. Less Lethal Bean Bags 100 rounds N/A GAS 40MM Liquid (Ferrets) 24 rounds N/A 555 Speed Heat 12 rounds Stingballs 12 rounds 10 2010-335 Flash Bangs: Flash Bang reloads 36 rounds SWAT School Requirements: 9MM 115gr. FMJ .45ACP 230gr. FMJ .223caI55gr.Ball CS Ferrets 555 Speed Heat Stingballs Flash Bangs 10,000 rounds 3,500 rounds 3,500 rounds 20 rounds 10 rounds 10 rounds 20 rounds Quarterly Qualifications: 9MM 115gr. FMJ .45ACP 230gr. FMJ .308 Sniper .223cal 55gr. Ball 6,000 rounds 2,500 rounds 500 rounds 6,000 rounds Additional Shooting Drills & Live Fire Exercises at Camp Pendleton: 9MM 115gr. FMJ . . .45ACP 230gr. FMJ .308 Sniper .223cal 55gr. Ball 25,000 rounds 25,000 rounds 400 rounds 12,000 rounds CATEGORY III PATROL .223 cal soft point 6,000 rounds Delivery RH) F-IO-IX Ammunition NIA J A 5 S-p&Cl-Aet!- ~l~fqv 1A ( As ~~leJ F2~( tit The contractor shall have the personnel and ~ resources available to deliver purchased Ass. .l-e.&-- ammunition directly to the firing range. Deliveries will be scheduled to occur at a time when the Rangemaster and/or his designee are working and available to take receipt of the delivery. Delivery of purchased ammunition will take lace without unreasonable dela . 11 2010-335 RFQF-10-18 Amlllunition SEtYrON'III. BID CONTENT AND FORMS 12 2010-335 R[":('i r:-.!n-I~ /\nlli!unition III. BID CONTENT AND FORMS A. BID FORMAT AND CONTENT 1. Presentation Bids should not include any unnecessarily elaborate or promotional material. Information should be presented in the order in which it is requested. Lengthy narrative is discouraged, and presentations should be brief and concise. Bids shall contain the following: a. identification of Bidder, including name, address and telephone; b. proposed working relationship between Bidder and subcontractors, if applicable; c. acknowledgment of receipt of all RFQ addenda, if any; d. name, title, address and telephone number of contact person during period of bid evaluation; e. a statement to the effect that the bid shall remain valid for a period of not less than 90 days from the date of submittal; and f. signature of a person authorized to bind Bidder to the terms of the bid. Bidder may also propose enhancement or procedural or technical innovations to the Technical Specifications which do not materially deviate from the objectives or required content of the project. 2. ExceptionslDeviations State any exceptions to or deviations from the requirements of this RFQ, stating "technical" exceptions on the Technical Specifications form, and "contractual" exceptions on a separate sheet of paper. Where Bidder wishes to propose alternative approaches to meeting the City's technical or contractual requirements, these should be thoroughly explained. 3. Qualifications, Related Experience and References of Bidder This section of the bid should establish the ability of Bidder to satisfactorily perform the required work by reasons of experience in performing work of a similar nature; demonstrated competence in the services to be provided; 13 2010-335 RFQ r'--:o,~IS ;\mmunil!ll!l strength and stability of the firm; staffing capability; work load; record of meeting schedules on similar projects; and supportive client reference. Bidder shall: a. provide a brief profile of the firm, including the types of services offered; the year founded; form of the organization (corporation, partnership, sole proprietorship); number, size and location of offices; number of employees; b. describe the firm's experience in performing work of a similar nature to that solicited in this RFO: c. provide, as a minimum, three (3) references from current customers of a similar size as the City as related experience; reference shall furnish the name, title, address and telephone number of the person(s) a the client organization who is most knowledgeable about the work performed. 4. Appendices Jnformation considered by Bidder to be pertinent to this RFO and which has not been specifically solicited in any of the aforementioned sections may be placed in a separate appendix section. Bidders are cautioned, however, that this does not constitute an invitation to submit large amounts of extraneous materials; appendices should be relevant and brief. B. LICENSING AND CERTIFICATION REQUIREMENTS By submitting a bid, bidder warrants that any and all licenses and/or certifications required by law, statute, code or ordinance in performing under the scope and specifications of this RFO 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 lacking copies and/or proof of said licenses and/or certifications may be deemed non-responsive and may be reiected. C. COST AND PRICE FORMS Bidder shall complete the Cost/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. ]4 2010-335 RFQ F-lO-1 ~ ,'\rn!11Ullitioll Bidder shall state cash discounts offered. Unless discount payment terms are offered, payment terms shall be "Net 30 Days". Payment due dates, including discount period, will be computed from date of City acceptance of the required services or of a correct and complete invoice, whichever is later, to the date City's check is mailed. Any discounts taken will be taken on full amount of invoice, unless other charges are itemized and discount thereon is disallowed. Freight terms shall be F.G.B. Destination, Full Freight Allowed, unless otherwise specified on price form. 15 2010-335 RFQ F-10-18 AMMO FIRM FIXED PRICE LIST CATEGORY I 1 Ran e Loads: 18,828 rounds 18,345 rounds 300,181 rounds ..319 1,696 rounds .3(1 1 ,400 b rounds '5?4 14,987 c rounds 3 .314- 9,638 a rounds ~ 3,407 b .. rounds ,260 2,000 !):>># {)tJ c rounds d (training rounds) DT3027 175 rounds No/3;d 40MM Sponge Round (for XM1006) e No Bid (training rounds) DT6525 192 rounds f ;}.. 79 12,000 J3f-8,lYJ f rounds 1 Ran e Loads: 50,000 9:J.oo.00 rounds b 16,000 4. :t+.{JO 16 RFC) F.](!lk '\nl!1Htn~ll(ln PRICE 2010-335 d 2 c .223 cal 55 r Ball L22. ~ b d 40MM 3 SIMMS AMMO 9MM SIMS a 40MM Practice reloads b 12ga. Less Lethal Bean Bags c 4 GAS a 40MM Li b 555 Seed Heat 5 5: b C .223ca155 r.Ball L22~ d CS Ferrets e 555 Seed Heat f Stin balls 17 rounds 35,000 rounds 1,000 rounds 1,000 rounds 1,000 rounds 1,000 rounds 48 rounds 2,000 rounds 36 rounds 100 rounds 24 rounds 12 rounds 12 rounds 36 rounds 10,000 rounds 3,500 rounds 3,500 rounds 20 rounds 10 rounds 10 rounds 20 rounds Rl"{) F..I!l-i,". \ni!ilUn!til~11 2010-335 b d 8 b d .223ca155 r. Ball L723Rf (::2 CATEGORY III - PATROL .223 cal soft point 1 ANNUAL PURCHASE ORDER 6,000 rounds 2,500 rounds 500 rounds 25,000 rounds 25,000 rounds 400 rounds 12,000 rounds 6,000 rounds RF() !-!0-1\ AllllllunititHl Effective on or about July 1, 2010 through June 30, 2011, plus three (3) single- year renewal options, at the City's discretion for City requirements. Option year one if exercised, shall be effective July 1, 2011 through June 30, 2012. Option year two if exercised, shall be effective July 1, 2012 through June 30, 2013. Option year three if exercised, shall be effective July 1,2013 through June 30,2014. 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 ~ order to meet the requirements of the Technical Specifications? Yes I ~ (circle one). If you answered "Yes", please provide detail of said additional 18 2010-335 RF(i F-II.!-;;\ Atnrnun it iun PRICE LIST (continued) Please indicate any elements of the Technical Specifications that cannot be met by your firm. Have you included in your bid all informational items and forms as requeste6) / No (circle one). If you answered "No", please explain: This offer shall remain firm for 90 days from RFQ close date. Terms and conditions as set forth in this RFQ apply.to this bid. Cash discount allowable % are: Net thirty (30) days. days; unless otherwise stated, payment terms In signing this bid, Bidder warrants that all certifications and documents requested herein are attached and properly completed and signed. From time to time, the City may issue one or more addenda to this RFQ. Below, please indicate all Addenda to this RFQ received by your firm, and the date said Addenda was/were received. Verification of Addenda Received Addenda No: Addenda No: Addenda No: Received on: Received on: Received on: This bid has been reviewed and found to be correct and final. The undersigned is authorized to providing pricing: AUTHORIZED SIGNATURE: 19 2010-335 RF() F-10~1 ;-, i\mITIUnilt(ll1 PRICE LIST (continued) PRINT SIGNER'S NAME AND TITLE: ke~ rA,/h?( ,91 /~S DATE SIGNED: S- / 7 / 2DID COMPANY NAME & ADDRESS: . ::.' 5k:t~~:1Jr-(};' Po 4-D 'Ct i'Vl . 1/7/1 PHONE:909 ~f6'-~7o FAX: 909 576-3.24-6 EMAIL:k~ @l115fa:fl!-Fjce#~Jf4rress: IF SUBMITTING A "NO BID", PLEASE STATE REASON(S) BELOW: 20 2010-335 Ri7f) F-J I.L 1 X :\mmuniliol1 SUBCONTRACTOR'S LIST As required by California State Law, the General Contractor bidding will hereinafter state the subcontractor who will be the subcontractor on the job for each particular trade or subdivision of the work in an amount in excess of one- half of one percent of the General Contractor's total bid and will state the firm name and principal location of the mill, shop, or office of each. If a General Contractor fails to specify a subcontractor, or if he specifies more than one subcontractor for the same portion of work to be performed under the contract in excess of one-half of one percent, he agrees that he is fully qualified to perform that portion himself and that he shall perform that portion himself. DIVISION OF NAME OF FIRM OR LOCATION WORK OR CONTRACTOR CITY TRADE Print Name Signature of Bidder Company Name: Address: REJECTION OF BIDS The undersigned agrees that the City of San Bernardino reserves the right to reject any or all bids, and reserves the right to waive informalities in a bid or bids not affected by law, if to do seems to best serve the public interest. 21 2010-335 RH) F-lO-Ii-S AlnnjUnltit-!l'\ NON - COLLUSION AFFIDAVIT TO: THE COMMON COUNCIL, CITY OF SAN BERNARDINO In accordance with Title 23, United States Code, Section 112, the undersigned hereby states, under penalty of perjury: That he/she has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken action in restraint of free competitive bidding in connection with RFQ F-10-18. Signature of bidder X L ti lJ:I'~ . t:A Place of Residencel Subscribed and sworn before me this ~f\^ -, day of I \It P-r-7 I 2 oj{) L.OS> ~~,Stateof Notary Public in and for the County of California. My commission expires ~Oo I I ,20JQ. 22 2010-335 RFQ F-] 0-18 Ammunition SECTION V. GENERAL SPECIFICATIONS / 23 2010-335 RF() F-IO-IK \mJlluniti(1ll v. GENERAL SPECIFICATIONS 1. Each bid shall be in accordance with Request for Quotes (RFQ) NumberF-10-18. All specifications are minimum. Bidders are expected to meet or exceed these specifications as written. Bidder shall attach to their bid a complete detailed itemization and explanation for each and every deviation or variation from the RFQ specifications and requirements. Conditional 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 limited to, workmanship, accessibility of parts and service, known evidence of manufacturer's responsibility and record, durability and known operational record of product and suitability as well as conformity to City needs and requirements. In all cases the best interest of the City shall prevail in all contract awards. 3. The City of San Bernardino reserves the right to purchase more or less than the quantities specified at unit prices bid. 4. Bids shall be firm offers, subject to acceptance or rejection within 90 days of the opening thereof. 5. Regular dealer. No bidder shall be acceptable who is not a reputable manufacturer or dealer of such items as submitted for bid consideration. 6. All materials, workmanship and finish entering into the construction of the equipment must be of the best of these respective kinds and must conform to the character of the equipment and the service for which it is intended to be used and shall be produced by use of the current manufacturing processes. "Seconds", factory rejects, and substandard goods are not acceptable. 7. Each bidder shall submit with their bid a copy of the proposed product specifications, complete detailed drawings, and other descriptive matter in sufficient detail to clearly describe the equipment, materials and parts offered. 8. Manufacturer and/or Contractor shall defend any and all suits and assume all liability for any and all claims made against the City of San Bernardino, or any of its officials or agents for the use of any patented process, device or article forming a part of equipment or any item furnished under the contract. 9. Each bidder must state in their bid the guaranteed delivery date of product and/or services in number of calendar days from the date of contract execution by the City of San Bernardino, time is of the essence relative to this contract. Contractor shall prosecute the work continuously and diligently and shall deliver the items at the earliest possible date following the award of the contract. 10. Each bidder shall list in their bid all factory, manufacturer's and/or dealer's warranty and/or guarantee coverage and shall submit such written documents evidencing the same attached to the bid. 11. Successful bidder(s) (Contractor) shall furnish and deliver to the City complete equipment as bid and awarded, ready for installation and fully equipped as detailed in these specifications. 12. Price shall be quoted F.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. Bidders furnishing bids under these specifications shall supply all items advertised as "standard" equipment even if such items are not stipulated in the specifications, unless otherwise clearly accepted in the bid. 15. The items which the bidder proposes to furnish the City must comply in all respects with the appropriate safety regulations of all regulatory commissions of the Federal Government and the State of California, whether such safety features and/or items have been specifically outlined in these specifications or not. 24 2010-335 J{F(l [-10[;; 1\ln ~1'lun i 1 it')11 16. Contractor delivering equipment pursuant to these 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 agrees that in the event complete delivery is not made within the time or times set forth pursuant to this specification, damage will be sustained by the City, and that it is, and will be impractical and extremely difficult to, ascertain the actual damage which the City will sustain in the event of and by reason of such delay. 18. In case the delivery of the items under this contract is delayed due to strikes, injunctions, government controls, or by reason of any cause or circumstance beyond the control of the Contractor, the time for delivery may be extended (in the City's sole discretion) by a number of days to be determined in each instance by mutual written agreement between the Contractor and the Purchasing Manager of the City of San B!,!rnardino. 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 price bid and in complete accordance with all provisions of RFQ No. F-10-18. 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 notice inviting bids, RFQ F-10-18, the Contractor's bid, any written agreement executed by the parties, the purchase order and all documents referred to in the complete specifications and purchase order, and all written modifications of said documents shall be construed together as one document. Anything called for in anyone of said documents shall be deemed to be required equally as if called for in all. Anything necessary to complete the work properly shall be performed by the contractor, whether specifically set out in the contract or not. All sections of the specifications shall be read as constituting a whole and not as an aggregation of individual parts, and whatever is specified in one section shall be construed as applying to all sections. 22. The City of San Bernardino reserves the right to accept or reject any and all bids. 23. Prompt payment. Each bidder may stipulate in their bid a percentage prompt payment discount to be taken by the City in the event the City makes payment to the Contractor within ten (10) working days of receipt of material and approval of invoice. For the purpose of this provision, payment is deemed to be made on the date of mailing of the City check. NOTE: prompt payment discounts will only be used during bid evaluation in the case of ties. 24. Inquiries. Direct all inquiries to Deborah R. Morrow at 909-384-5086. Technical questions may be sent via fax to 909-384-5043. The answers to material questions will be provided to all potential bidders. 25. Bid/Price forms. No bid will be acceptable unless prices are submitted on the pricing forms furnished herein, and all required forms are completed and included with bid. Deliver all bids, SIGNED and SEALED, to the Purchasing Division, Finance Department at 300 North "0" Street, 4th Floor, City Hall, San Bernardino, California 92418. CLEARLY MARK THE RFQ SPECIFICATION TITLE: AMMUNITION and Number F-10-18 ON THE OUTSIDE OF THE ENVELOPE. 26. Time. All bids must be received in the Purchasing Division no later than 3:00 PM, PST, May 10, 2010, 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 NOT be considered. 25 2010-335 RF() [:.lO.1 ArnmunitinJl 27. The City of San Bernardino reserves the right at its own discretion to award separate contracts for each category, or to award multiple contracts, or to award one contract for furnishing and delivering of all equipment and/or services in all categories. 28. Equipment In the purchase of equipment, Contractor shall be required to furnish one (1) OPERATORS MANUAL and one (1) PARTS MANUAL for all equipment bid. 29. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (U.S.C. Sec 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700 of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. 30. Contractor shall indemnify, defend and hold City, its officers, employees and agents harmless from any claim, demand, liability, suit, judgment or expense (including, without limitation, reasonable costs of defense) arising out of or related to Contractor's performance of this agreement, except that such duty to indemnify, defend and hold harmless shall not apply where injury to person or property is caused by City's willful misconduct or sole negligence. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the City shall be considered as "attorney's fees" for the purposes of this paragraph. 31. While not restricting or limiting the foregoing, durino the term of this Aqreement. Contractor shall maintain in effect policies of comprehensive public. oeneral, and automobile liability insurance. in the amount of $1 ,000,000 combined sinole limit. and statutory worker's compensation coveraqe, and shall file copies of said policies with the City's Risk Manaoer prior to undertakino any work under this Aqreement. The policies shall name the City as an additional insured and shall provide for ten (10) day notification to the City if said policies are terminated or materially altered. 32. FAITHFUL PERFORMANCE BOND/BID BOND. Tho Contractor will bo roquirod to furnish a cashior's GReGk, cortifiod check or faithful performance bond I bid bond made paY3ble to tho City of San Bernardino in 3n amount equ31 to 100% / 10% of the bid prico to insure tho contractor's faithful perf-ormanco of this contract. Said surety shall bo subject to tho approval of the City of San Bernardino, bonds shall be in accordanco with Ordinanco No. 821, Section 2100, and tho corpor3tion issuing said bond shall havo a r3ting in Best's most mcent insurance guide of "A" or bottor. 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 three (3) years, in one-year increments. 35. By submitting a bid, bidder warrants that any and all licenses and/or certifications required by law, statute, code or ordinance in performing under the scope and specifications of this RFQ are currently held by bidder, and are valid and in full force and effect. Copies or legitimate proof of such licensure and/or certification shall be included in bidder's response. Bids lackino copies and/or proof of said licenses and/or certifications may be deemed non-responsive and may be reiected. 36. Once the award has been made and prior to the commencement of the job, the City's Municipal Code (M.C. 5.04.005) requires that a Business doing business with the City, obtain and maintain a valid City Business Registration Certificate during the term of the Agreement. 37. Vendor (Contractor)/ Consultant services agreement(s) (VSNCSA). A signed vendor/Consultant service agreement may be required between both parties prior to commencement of the job. 26