HomeMy WebLinkAbout2011-069
RESOLUTION NO. 2011-69
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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 IN THE AMOUNT OF $61,000 WITH
FOUR ONE-YEAR EXTENSIONS AT THE CITY'S OPTION TO C & W
CONSTRUCTION SPECIALTIES, INC. FOR GUARDRAIL REPLACEMENT
SERVICES.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City Manager of the City of San Bernardino is hereby authorized to
execute on behalf of said City an Agreement between the City of San Bernardino and C & W
Construction Specialties. Inc.. a copy of which is attached hereto. marked as Exhibit "A", and
incorporated herein by this reference as fully as though set forth at length.
SECTION 2. That pursuant to this determination the Director of Finance or her
designee is hereby authorized to issue a Purchase Order in the amount of $61,000 to C & W
Construction Specialties. Inc.
SECTION 3. The Purchase Order shall reference this Resolution Number and shall
read. "C & W Construction Specialties, Inc." The Purchase Order is not to exceed $61,000 and
shall incorporate the terms and conditions of the Agreement.
SECTION 4. The authorization to execute the above referenced Agreement is
rescinded if it is not executed by both parties within sixty (60) days of the passage of this
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2011-69
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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 IN THE AMOUNT OF $61,000 WITH
FOUR ONE-YEAR EXTENSIONS AT THE CITY'S OPTION TO C & W
CONSTRUCTION SPECIALTIES, INC. FOR GUARDRAIL REPLACEMENT
SERVICES.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at aj oint regular meeting thereof,
held on the 21st
day of March
,2011 by the following vote, to wit:
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Council Members:
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Ayes
Nays
Abstain
Absent
MARQUEZ
~
VACANT
12 BRINKER
13 SHORETT
14 KELLEY
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x
15 JOHNSON
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MCCAMMACK
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C{<-JJ {;;. C-Lj~
~ City Clerk
cY-Y7.V
The foregoing resolution is hereby approved this
day of
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March
,2011.
~Y~~~r
CIty of San Bernardino
Approved as to Form:
"2. ~A'
26 k mes F. Penman, City Attorney
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2011-69
VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 21 st day of March 20 II, by and
between C & W Construction Specialties, Inc. ("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 guardrail replacement services; and
WHEREAS, the City of San Bernardino did solicit and accept bids from available
vendors for Guardrail Replacement Services per RFQ F-II-09; and,
WHEREAS, Vendor is the lowest qualified bidder to provide said services to City;
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated, San Bernardino hereby engages the servIces of
VENDOR to provide those products and services as set forth in RFQ F -11-09, a copy of which
is on file in the Public Works Department and a copy of the Bid Summary Sheet is attached
hereto as Attachment "I" and incorporated by this reference.
2. COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR up to the amount of $61,000 for guardrail replacement services
for FY 10/11. For all future option years, City, upon presentation of an invoice, shall
pay Vendor up to the amount of$61,000 per year.
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
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Exhibit "A"
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3. TERM; TERMINATION.
The term of this Agreement shall be from March 21,2011 through June 30, 2011, with
four one-year extensions at the City's option. Option year one, if exercised, shall be effective
July 1,2011 through June 30, 2012. Option year two, if exercised, shall be effective July I,
2012 through June 30, 2013. Option year three, if exercised, shall be effective July I, 2013
through June 30, 2014. Option year four, if exercised, shall be effective July I, 2014 through
June 30, 2015.
This Agreement may be terminated at any time by thirty (30) days' written notice by
either party for any reason. The terms of this Agreement shall remain in force unless amended
by written agreement of the parties executed on or before the date of expiration of the current
term of the Agreement.
4. INDEMNITY.
Vendor shall defend, indemnify, and hold harmless the City, its officers, employees and
agents from any claims, demands, lawsuits, liabilities, judgments, or expenses, including
attorney's fees, damage to property or injuries to or death of any person or persons or
damages of any nature including, but not limited to, all civil claims or workers'
compensation claims, to the extent arising out of, pertaining to, or related to the negligence,
recklessness, or willful misconduct of Vendor, its employees, agents or subcontractors in
the performance of this Agreement, except that such duty to defend, indemnify, and hold
harmless shall not apply to the extent where injury to person or property is caused by City's
negligence, recklessness or willful misconduct. 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
Exhibit "A"
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in any way connected with the accomplishment of the work or performance of services
under this Agreement.
S. 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
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 30 days notice prior to any change or termination of policy.
6. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or
sexual orientation, or any other status protected by law.
7. INDEPENDENT CONTRACTOR.
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
purposes VENDOR shall be an independent contractor and not an agent or employee of the
CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
Compensation, and other payroll deductions for VENDOR and its officers, agents, and
Exhibit "A"
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2011-69
employees, and all business licenses, if any are required, in connection with the services to be
performed hereunder.
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits,
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:
TO THE CITY:
Public Works Director
300 North "D" Street
San Bernardino, CA 92418
Telephone: (909)384-5140
TO THE VENDOR:
C & W Construction Specialties, Inc.
2419 Palma Drive
Ventura, CA 93003
Telephone: (805) 642-0204
Contact: Kenneth Haley, General Manager
9. 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.
Exhibit "A"
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2011-69
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10. 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.
11. 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,
Eastern Division. The aforementioned choice of venue is intended by the parties to be
mandatory and not permissive in nature.
12. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
13. 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.
14. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
only and shall not affect the construction or the interpretation of any of its
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Exhibit "A"
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15. SEVERABILITY.
If any provision of this Agreement is determined by a court of competent jurisdiction to
be invalid or unenforceable for any reason, such determination shall not affect the validity or
enforceability of the remaining terms and provisions hereof or of the offending provision in any
other circumstance, and the remaining provisions of this Agreement shall remain in full force
and effect.
16. 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 may be modified or amended only by a written instrument
executed by all parties to this Agreement.
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2011-69
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VENDOR SERVICE AGREEMENT
C & W CONSTRUCTION SPECIALTIES, INC.
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and
4 date set forth below.
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6 Dated: ,2011
C & W CONSTRUCTION SPECIAL TIES, INC.
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12 Dated
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By: 1_.\i.'.iJ.:l~~~J~I'_L.__.__
Name:
Title:
,2011
CITY OF SAN BERNARDINO
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15 Approved as to Form:
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By: 1~'l!!liJJ.L()J'L__..__
Charles E. McNeely, City Manager
B y:F.':-.I11..lil..LU!L' \__.u__._._
lames F. Penman, City Attorney
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Exhibit "A"
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2011-69
Attachment "A"
Guardrail Replacement Services
CIP Number: SS-H
Ward Location Cost
1 3rd St and Tippecanoe Ave $ 1,320.00
1 4th St and Mt Vernon Ave $ 2,875.50
2 21st St and Perris Hill Park Rd at bridae $ 4,999.20
4 Arden Ave at the southern terminus $ 1,320.00
4 Edqerton Dr and Pershina Ave $ 2,396.25
5 Kendall Dr and E St $ 1,056.00
5 Little Mountain Dr $ 1,003.20
7 30th St and Mavfield Ave $ 2,645.46
7 Colima Rd and Ladera Rd $ 1,003.20
7 Pacific & Arden $ 2,300.40
Additional Guardrail Replacement Services per Linear Foot, as $ 40,080.79
needed
Total $ 61,000.00
2011-69
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 21 st day of March 20 II, by and
between C & W Construction Specialties, Inc. ("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 guardrail replacement services; and
WHEREAS, the City of San Bernardino did solicit and accept bids from available
vendors for Guardrail Replacement Services per RFQ F-II-09; and,
WHEREAS, Vendor is the lowest qualified bidder to provide said services to City;
NOW, THEREFORE, the parties hereto agree as follows:
I. SCOPE OF SERVICES.
For the remuneration stipulated, San Bernardino hereby engages the servIces of
VENDOR to provide those products and services as set forth in RFQ F-II-09, a copy of which
is on file in the Public Works Department and a copy of the Bid Summary Sheet is attached
hereto as Attachment "I" and incorporated by this reference.
2. COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR up to the amount of $61,000 for guardrail replacement services
for FY 1011 ]. For all future option years, City, upon presentation of an invoice, shall
pay Vendor up to the amount of$61,000 per year.
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
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3. TERM; TERMINATION.
The term of this Agreement shall be from March 21, 20 II through June 30, 20 II, with
four one-year extensions at the City's option. Option year one, if exercised, shall be effective
July 1,2011 through June 30, 2012. Option year two, if exercised, shall be effective July I,
2012 through June 30, 2013. Option year three, if exercised, shall be effective July 1,2013
through June 30, 2014. Option year four, if exercised, shall be effective July 1,2014 through
June 30, 2015.
This Agreement may be terminated at any time by thirty (30) days' written notice by
either party for any reason. The terms of this Agreement shall remain in force unless amended
by written agreement of the parties executed on or before the date of expiration of the current
term of the Agreement.
4. INDEMNITY.
Vendor shall defend, indemnify, and hold harmless the City, its officers, employees and
agents from any claims, demands, lawsuits, liabilities, judgments, or expenses, including
attorney's fees, damage to property or injuries to or death of any person or persons or
damages of any nature including, but not limited to, all civil claims or workers'
compensation claims, to the extent arising out of, pertaining to, or related to the negligence,
recklessness, or willful misconduct of Vendor, its employees, agents or subcontractors in
the performance of this Agreement, except that such duty to defend, indemnify, and hold
harmless shall not apply to the extent where injury to person or property is caused by City's
negligence, recklessness or willful misconduct. 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
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in any way connected with the accomplishment of the work or performance of services
under this Agreement.
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
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 30 days notice prior to any change or termination of policy.
6. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or
sexual orientation, or any other status protected by law.
7. INDEPENDENT CONTRACTOR.
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
purposes VENDOR shall be an independent contractor and not an agent or employee of the
CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
Compensation, and other payroll deductions for VENDOR and its officers, agents, and
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employees, and all business licenses, if any are required, in connection with the services to be
performed hereunder.
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits,
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:
TO THE CITY:
Public Works Director
300 North "D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
TO THE VENDOR:
C & W Construction Specialties, Inc.
2419 Palma Drive
Ventura, CA 93003
Telephone: (805) 642-0204
Contact: Kenneth Haley, General Manager
9. 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.
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10. 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.
11. 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.
Eastern Division. The aforementioned choice of venue is intended by the parties to be
mandatory and not permissive in nature.
12. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
13. 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.
14. 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
provlslons.
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15. SEVERABILITY.
If any provision of this Agreement is determined by a court of competent jurisdiction to
be invalid or unenforceable for any reason, such determination shall not affect the validity or
enforceability of the remaining terms and provisions hereof or of the offending provision in any
other circumstance, and the remaining provisions of this Agreement shall remain in full force
and effect.
]6. 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 may be modified or amended only by a written instrument
executed by all parties to this Agreement.
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VENDOR SERVICE AGREEMENT
C & W CONSTRUCTION SPECIAL TIES, INC.
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and
date set forth below.
Dated: l-W 2.0
,2011
C & W CONSTRUCTION SPECIAL TIES, INe.
Title: ~Q.reLl
12 Dated
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?\~
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,2011
15 Approved as to Form:
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2011-69
fP3
fE)COPV
RFQ F-I 1-09
CU<lrdrail Muil1t Svc
PRICE FORM
REQUEST FOR QUOTES:
RFQ F-11-09
DESCRIPTION OF RFQ:
Guardrail Replacement Services
COMPANY NAME
C&W Construction Specialties, Inc.
2419 Palma Drive
Ventura, CA 93003
ADDRESS:
PRINT
NAME OF AUTHORIZED
REPRESENTATIVE
Kenneth Haley
Provide pricing that is a firm fixed fee/unit cost !Jer linear foot of replaced guardrail and
shall include the furnishing of all labor, materials, traffic control and equipment necessary
ons.)
to perform guardrail replacement services. (See SECTION I, Technical Specificati
APPROX LF COST PER
LOCATION refer to #13 of specs LINEAR FOOT
for add') recuirements OF GUARDRAIL
1 Third and Tippecanoe 50 II> At; vtJ
2 Arden dead end to Washinqton 50 tI Jot.. 1./ tJ
Perris Hill and Pacific ~ 4/66
3 75
4 "0" Street to dead end to 29th 63 1~?"3 '-1'5
5 30th and Mayfair 138 ~ 1<1./7
6 Edoerton Dr. and N. Pershino 125 1'\11.11
10 1'1(7
7 E Street and Mt. Vernon 138
8 Colima and Ladera 38 lJ~", <.to
If.
9 Little Mnt. 38 ;;t ;/0
10 Kendall & E Street 40 f. :u..4()
Gilbert and 21st Street xis 29th Pacific '" {,6
11 Street 120 4/
12 4th St and Mt. Vernon 150 lq/7
13 Date and Pacific at Arden 120 1'(.17
14 Add'l Guardrail Replacement Services per LF TBD Tgo
16
2011-69
RFQ F-II-09
(luardrall Maint Svc
PRICE FORM
ANNUAL PURCHASE ORDER
Effective on or about December 1,2010 through June 30, 2011 plus four (4) single-year renewal
options, at the City's discretion for City's requirements,
Option vear 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 vear three if exercised, shall be effective July 1, 2013 through June 30, 2014.
Option year four if exercised, shall be effective July 1,2014 through June 30,2015.
Actual option year pricing shall be negotiated with the successful Bidder(s) prior to exercising of
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 you "rm
in order to meet the requirements of the Technical Specifications? Yes / No
(Circle one). If you answered "Yes", please provide detail of said additional COStS7
Please indicate any elements of the Technical Specifications that cannot be met by
your firm.
NC1<'\e.-
Have you included in your bid all informational items and forms as reqUested?~
/ 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 % ~ days; unless otherwise stated, payment terms are:
Net thirty (30) days.
17
2011-69
RFQ F-II-09
Cluarc!rail i\'1ain[ Svc
In signing this bid, Bidder warrants that all certifications and documents requested
herein are attached and properly compieted 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:
I
;;....
Received on: ~1"}.!.101v
Received on: Jbl! ~ J.Dil/
Received on:
.-----
AUTHORIZED SIGNATURE:
PRINT SIGNER'S NAME AND TITLE:
Kenne
DATE SIGNED:
10- 2.S-tu
COMPANY NAME & ADDRESS:
C&W Construction Specialties, Inc.
2419 Palma Drive, Ventura, CA 93003
PHONE:805-642-0204 FAX: 805-642-5141
EMAIL: kenh@cwcs.us
Web Address: www.highwayrail.com
IF SUBMITTING A "NO BID", PLEASE STATE REASON(S) BELOW:
18
2011-69
RFQ F-II-09
Gunrdrail 1vlalnt Svc
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
~1tzAf'F It. i"",,T1Jo i... '~/E I.~ .'><'ll7.';CC4 /i&:;d 64 C. -.A
1n ' d4- G,,,,-. .
Kenneth Haley
Print Name
Bidding Company Name:
C&W Construction Specialties, Inc.
2419 Palma Drive, Ventura, CA 93003
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.
19
2011-69
RFQ F-II-09
Cill<lrclrail \1aillt SVC
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-11-09.
Business Name C&W Construction Specialties, Inc.
Business Address 2419 Palma Drive, Ventura, CA 93003
S;9C>""Ofb;ddoeXQ c~
~ \?I'l-'\,~ ~t. ~ ~. Ccc.
Place of Residence
SPP ct~
Subscribed and sworrilJefore me this 25"'"
day of 6ck1..u- , 20 lo.
Notary Public in and for the County of \ltM,M
My commission expires _~: \ ~
, State of California.
,20-1L.
20
2011-69
CALIFORNIA .JURAT WITH AFFIANT STATEMENT
~~~~~~~..ffi:(.>~~~~..0('.<'X'.@...00~.c<:'..0('..0('''(=x>~~~..0<'~..c<:'~~,(Y'~.-Gf:&<'~
r$ See Attached Document (Notary to cross out lines 1-6 below)
[J See Statement Below (Lines 1-5 to be completed only by document signer[s], not Notary)
Signature of Document Signer No. i
Signature of Document Signer NO.2 (if any)
State of California
County of Ven hlva
Subscribed and sworn to (er IlKil" ,,,J) before me on this
"cc'"
al.v day of
Date
Omba'
Month
, 20~, by
Year
(1)
It.Glufh /:f71lv.t
Name of Signer
j......~~~~~.:f~~i.f
i~ Nofary Public - California f
J ~ Venfura Counly t
_ ~ _ _ _ _,,~~~~.~1! _~
s factory evidence
before me (.) (,)
(2)
Name afSigner
proved to me on the basis of satisfactory evidence
to be the person who appeared before me.)
Signature 4CU:k4-rv /Y ~~
Signature of Notary Public
Place Notary Seal Above
OPTIONAL
Though the information below is not required by law, it may prove
valuable 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
Top of thumb here
Top of thumb here
~\,~ ,. 'lu',"u ,M,(, \ .1. '-. \
Title or Type of Document: ~v.", ~!,__~~ ~ (J.W 'I.'t'
Document Date: flC l.tleu- :2~ I ~(;; JV Number of Pages:
Signer(s) Other Than Named Above:
N~
~~'9';';~.{V~~~;';~V~~~~'iX.:.:~V~~WV~~~"Qy~~~"2'V~~"'=<<;':~z,~(..~~~
@2007 National Notary Association. 9350 De Solo Ave., PO. Box 2402. Chalsworth, CA 91313-2402. www.NationaINolary-org Item #5910 Reorder: Call Toll-Free 1-800-876-6827
Y'~~
C'&'liJ
Construction
Specialties
2011-69
~,
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CALIFORNIA
',,')'Jlcc.or'o,.Coosiru,;cc.lmk'Ci
License No, 256795
C & W CONSTRUCTION SPECIALTIES, INC.
2419 Palma Drive, Ventura. CA 93003 - Phone (805) 642-02011- FAX (805) 642-5141
CERTIFICATE
STATE OF CALIFORNIA
COUNTY OF VENTURA
I HEREBY CERTIFY that during a meeting of the Board of Directors of the C&W Construction
Specialties, Inc. a corporation existing under the laws of the State of California, the following
resolution was duly passed and adopted:
"RESOLVED, that KENNETH HALEY, as Agent of the Corporation, be and is hereby
authorized to execute contract documents for this corporation and that his execution
thereof and with the Corporate Seal affixed, shall be the official act and deed of this
Corporation."
I fmiher certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
the corporation this " , day of ' ,)Dee!
~
_.~-
'-- .~.,-, .:....~:-
President
State of California
County of (l;?,'J.,h;, ,-a
Subscribed and sworn to (or affirmed) before me on this
7 r7) day of
Date
i~.l t.1 1/ c.'
Month
, 20 i c" , by
Year
j' . . . . . . . - .' """"'---"""~",," " .
@ KATHRYN M. HOCAMP
Commission # 17414681
i' Notary Public . California ~
J Ventura County .
~ _ .. vr ~ '~~~'~~~I~~lJ
(I)
,S'hv'w
?
/5a),7<" i1~
Name of Signer
proved to me on the basis of satisfactory evidence
to be the person who appeared before me.
...<:://;:., ':""'" ",' /.'-; /\/ /", ," '"
Signature '/ he C?"'~""f.. '';/. \c>iC ,b ,. i.,(
Signature of Notary Public
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ISll
2011-69
RFO F~ll.()\)
C,uardrail \,bint s\(:
City of San Bernardino, Finance Department
Purchasing Division
RFQ F-11-09
GUARDRAIL REPLACEMENT SERVICES
Bid Documents to Be Returned bv Bidder
Cop of Contractor License III Bid Content and Forms. General Specification #35, Instructions to Offeror(s)
I Biddlrs
Bidder Experience, Competency, Qualification and Profile (Vendor Document) III
Proposal/Bid tontent Forms
Welding Fabrication Certifications
Non-Collusion Affidavit (City Form) Instructions to Offeror(s) I Bidders
Listing of Proposed Subcontractor (City Form) III proposal I Bid Content and Forms
One Original of Bid/Quote Vendor Form
Two (2) copies of Bid/Quote Vendor Form
Original Firm & Fixed Price Form 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 reauested to submit this checklist completed with all bid documents.
Bidder(s) are requested to submit this checklist completed with all bid documents. This
list may not be inclusive of all documents needed to submit your RFQ.
3
2011-69
~tate U! Galltornla
C6~:... CONTRACTORS STATE LICENSE BOARD " ~:::f~
~. ......-.... ACTIVE LICENSE ~'~~ij~
COR'Wmer \~;~/.
,~",,:..,.~;""
IS,U....U;.\ ,~;1l./
~
L~OO$o~lmbol 256795 Enlrl, CORP
B",mo"t"mc C & W CONSTRUCTION
SpCl""'lAl TICS INI""'
LVI L I IL II V
[.""""[1,,,. 07/3-U2011
.A
te
"''''''"'''''.($) C '\;j C;)L A
2011-69
Annex E/305
WELDER, WELDING .OPERATOR OR TACK WELDER QUALIFICATION TEST RECORD
Type of Welder Welder
Name Pedro Raja Hernandez
Welding Procedure Specification No. Pre-Qual
Rev
Identification No.
Date
3314
7/09/10
. Record Actual Values
Used in Qualification Qualification Range
Variables
ProcessfType [Table 4.10, Item (2)] FCAW
Eiectrode (single or multiple) [Table 4.9, Item (9)] SIWiLF
CurrenVPolarity m -
Position [Table 4.10, Item (5)] 3G 1 G 2G 3G 1 F 2F 3F
Weld Progression [Table 4.10, Item (7)] IIPI-lIIl
Backing (YES or NO) [Table 4.10, Item (8)] YES
Material/Spec. [Table 4.10, Item (1)] A1R to A1R
Base Metal -c-
Thickness: (Plate)
G reove 1" 3/16".TO UNLIMITED
Fillet
Thickness: (Pipe/tube)
G reove . .
Fillet
Diameter: (Pipe)
G reove
Fillet
Filler Metal [Table 4.10, Item (3)J
Spec. No. A5.2
Class E71-TQ
F-No. i=R
Gas/Flux Type [Table 4.10, Item (4)]
Other
Type
2 3G SIDE ENDS
VISUAL INSPECTION (4.8.1)
Acceptable YES or NO ..YES
Guided Bend Test Results (4.30.5)
Result Type
PA ED
Result
Fillet Test Results (4.30.2.3 and 4.30.4.1)
Appearance Fillet Size
Fracture Test Root Penetration Macroetch
(Describe the location, nature, and size of any crack or tearing of the specimen.)
Inspected by . LE Test Number 3314
Organization A WS Date 7/09/10
Film Identification
Number
Results
Remarks
Interpreted by Test Number
Organization Date
We, the undersigned, certify that the statements in this record are correct and that the test welds were prepared, welded, and
tested in accordance with the requirements of section 4 of ANSI/AWS D1.1, ( 2008 ) Structural Welding Code--Steel.
,.(yeaiJ/~' (j' \
Authorized By -~--7+~..2_.)~-~------~
Date . "'J" '1 +JQ .' ,.. ,
\i,e..v~, \\<'--'''''\ \ 1,,<) (~r_\'<'\
Manufacturer or Contractor C&W CONSTRU....GI..ION
Form E-4
2011-69
WELDER, WELDING.oPERATOR OR TACK WELDER QUALIFICATION TEST RECORD
Type of Welder Welder
Name Zack Baird
Welding Procedure Specification No, Pre-Qual
Annex E/305
Rev
Identification No,
Date
5520
10/18/10
'lecord Actuai Values
Used in Qualification Qualification Range
Variables
Processffype [Table 4,10, Item (2)) FCAW
Electrode (single or multiple) [Table 4,9, Item (9)] siNGLE
CurrenVPolarity De-
Position [Table 4,10, Item (5)] 3G 1G2G3G1F2F3F
Weid Progression [Table 4,10, item (7)] IIPHII)
Backing (YES or NO) [Table 4,10, Item (8)) YES
Material/Spec, [Table 4,10, Item (1)] A".R to A:lR
Base Metal
Thickness: (Plate)
Groove 1" 3/16".TO UN LIMITE
Fillet
Thickness: (Pipe/tube)
G reove
Fillet
Diameter: (Pipe)
G reove
Fillet
Filler Metal [Tabie 4,10, Item (3)]
Spec, No. A5,2
Class F:71-T9
F-No. 1=R
Gas/Fiux Type [Table 4,10, Item (4)]
Other
D
Type
2 3G SIDE BENDS
VISUAL INSPECTION (4.8,1)
Acceptable YES or NO -YES
Guided Bend Test Results (4,30,5)
Result Type
PA D
Result
Filtet Test Results (4,30,2,3 and 4,30.4.1)
Appearance Fillet Size
Fracture Test Root Penetration Macroetch
(Describe the location, nature, and size of any crack or tearing 01 the specimen,)
Inspected by Test Number 5520
Organization AWS Date 101810
Film Identification
Number
Results
Remarks
Interpreted by Test Number
Organization Date
We, the undersigned, certity that the statements in this record are correct and that the test welds were prepared, weided, and
tested in accordance with the requirements of section 4. of ANSI/AWS Dl, 1, i.2ilil8_) Structural Welding Code-Steel.
(year. i' ;> )'.'
( .;,.'--- ( ,
Authorized By (.J_) ~j )
Date JO- 11l.-10 '
y'~V\...""M \\-.<.I.<A\ \ Wc,,(. ,'\
Manufacturer or Contractor .rL&\LILC.QI'\JBIElJCTION
Form E-4
2011-69
Annex EnOS
WELDER, WELDING OPERATOR OR TACK WELDER QUALIFICATION TEST RECORD
Type of Welder ~E LDE~
I'Jame _1P50;€o HeRNANDEZ- Identification No. 33/<1-
Welding Procedure Specification No. t:Je&QUAL.. Rev Dafe 7-9-10
, -
Record Acfual Values
Used in Qualification Qualification Range
Variables
Process/Type [Table 4.10, Item (2)]
Electrode (single or multiple) [Table 4.9, Item (9)J
Current/Polarity
,c~AIH'-4'S
,5/N~
Dc-+-
1& 2..Cr &. / F zr; 3 ;:::
Position [Tabie 4.10, Item (5)]
Weld Progression [Table 4.10, Item (7)]
Backing (YES or NO) [Table 4.10, Item (8)J
Material/Spec. [Table 4.10, Item (1)J
Base Mefal
Thickness: (Plate)
Groove
Fillet
Thickness: (Pipe/tube)
Groove
Fillef
Diameter: (Pipe)
Groove
Fillef
Filler Metal [Table 4.10, Item (3)J
Spec. No.
Class
F.No.
Gas/Flux Type [Table 4.10, Item (4)]
Other
-~~f to
3t.
I WITH B^C-KuJq-
"
S- D
CO
I-
I
Type
PO'" 8SNL?
3C,...PAcE 8eND
VISUAL INSPECTION (4.8.1)
Acceptable YES or NO .y&:s
Guided Bend Test Results (4.30.5)
Result Type
ji-55ee>
~ $SE,t)
Result
, i
~~
, :"""'V'.';.'~'.
Fillet Test Results (4.30.2.3 '". .'1.30.4.1)" ...
Appearance __~.___~... Fillet Size
Fracture Test Root Penetration~" ~_~___ Macroetcl1
LiDescrib:..the location, nature, and size of any crack or tearing of the specimen.)
Inspected by 67, L.e'kIl, ') ._.__... Test Number \!j.:3/~
Organization ~S.-CWI Date 7~.1-/c:>.~____~
~~--~._. ~-~.~.-
I RADIOGR!>,PHIC TEST RESULTS (4.30.3.1)
I Film Identification R 0 '1' !-. -1_, I Film ldentifcation
! Number ,e.Ju IS demall\S Nurnber
i~___.______-==.:::====]==_= -~-~----~~
L_ ~_~~.__ ____._____ ___.l_~_ _
--------~-----.
i
I
I
I
I
i
.._--=-=~---==-=-==~~-=-=-J
Results
Remarks
!nterpretGd by_______._______.__.____________~________
Orqanization ________________ _....____________
Test i'lurnber
Oai:e
\I\hCJ,i:he und2lsigned, C8iii"fy that the statements in ihis recore! are corrsct and 'i:hcri the test welds \;w:>re prs-pamd, \f;j;)jded, 8nd
Lestr:3d in accordance with H12 requirements of sectinn 4 of A[\jSIJAWS I)-I.i, L2$t2b...._J Shuctural \!J81dirg Cnc!e--Sied.
1'.,l8.iWfaciurer or COI.,tracior (~c'LCt)ft./i3 7".:. :5:08' . i\ulhml"ed i3Y(~~_~_ ______
FOI-m E-:~ ' Dale ___~~_~_,________,,~__________________.__.____
~~ ~. \"vfQCW\
2011-69
WELDING CERTIFICATION
Lab ,:;-r..-" {J
Number,_/-:J;( .
Date or '7._ h'J,_;. c'
Test '-:3 /(,.,- 't
THIS IS TO CERTIFY THAT
Name ZACK 13A/R.O
has satisfactorily completed and passed the welding test requirements
orAWS D/./ ,STI<.UCru/?AL
The undersigned testifies that he witnessed the welding and found the
candidate to be competent as detailed on the reverse side of this card.
,,~-*I~
Ii
Process ,,'5/'vl' A '^/
Base A36
Metal
Filler c: 710/8
Metal.r;:;-
/1'
Thickness
3 /.- \I~Crt2001(6
Positions L.t Joint(s) Tes:s
Remarks~I/AL/;::/eS 0i' To
i) N L/ H f 're:; 1) ',II: / c..Ic /./<755
/2.. l/-c I" 3;:::
) . <-r )4.)'
2011-69
y.~v<
SINCE' 94.
C&W
Construction
Specialties
r~.VO'~a/thooC>n.""""o"'od"1rirV
License No. 256795
C & W CONSTRUCTION SPECIALTIES, INC.
2419 Palma Drive, Ventura, CA 93003 - Phone (805) 642-0204 - FAX (805) 642-5141
City of San Bernardino Contract RFQ F-11-09
References
Granite Construction Company P.O. Box 790
Templeton, CA 93465
805 964-9951
Granite Construction Company P.O. Box 6744
Santa Barbara, CA 93106
805 933-3388
County of Los Angeles 900 South Fremont Avenue
Alhambra, CA 91803-1331
626 458-3116
Caltrans 2053 Preisker Lane
Suite E
Santa Maria, CA 93454
805-348-3105
Shasta Constructors, Inc. 4150 Fig Tree Lane
Redding, CA 96002
530 365-3930
Security Paving PO. Box 1489
Sun Valley, CA 91353-1489
818767-8418
Jeff Grimm
Project Manager
Eric Wildhagen
Project Manager
Colin McCarter
Project Manager
Michael Lew
Resident Engineer
Steve Moseman
Project Manager
Hani Jamaleddine or
Martin Pettee
Project Manager
2011-69
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2011-69
~~~
C'&'W
Construction
Specialties
rJ>oVOICEof1l\oCo..lnrionIM",,1ry
License No. 256795
C & W CONSTRUCTION SPECIALTIES, INC.
2419 Palma Drive, Ventura, CA 93003 - Phone (805) 642-0204 - FAX (805) 642-5141
C & W Construction Specialties, Inc, was founded in 1948 and has based its
operations in the city of Ventura California since 1967. Originally a fencing
company, we have consistently expanded the scope of our operations to include
guardrail, highway safety projects, and all types of custom security systems. We
pride ourselves on the ability to undertake any project, no matter how specialized
or technical. In 60 years of operation, we have expanded our area of operations
throughout California. In addition, we offer materials and expert advice
nationwide for agencies and contractors doing their own installations.
From humble beginnings, C & W has expanded its scope of operations to include
nearly every type of barrier in nearly every type of terrain. Our experienced
project management team is familiar with all government agency standards and
specifications and is capable of quickly determining the materials and
construction methods necessary to create the desired result. The quality of C &
W work is unsurpassed in the industry.
C & W excels in projects that demand automated or sophisticated production
techniques. This approach creates a higher quality result and usually a lower
cost for the customer. Our innovative production team analyzes each job and
determines where added efficiencies can be built into the process. Our
commitment to innovation and technology sets C & W apart from the competition.
C & W offers a complete selection of quality fencing and guardrail materials. Our
knowledgeable sales team is prepared to give our customers rapid answers on
application, price, and availability. We are committed to our customers'
satisfaction and we achieve this through our superior personalized customer
service. In addition, we are continuously working on ways to improve this
service. Soon, our customers will be able to purchase all of our products through
our website.
Over the past decades, C & W has built an expertise and commitment to quality
that is difficult to match. We look forward to the future and the ability to use
emerging technology with our innovative approach to exceed our customers'
expectations. Our goals will continue to be the satisfaction and respect of our
customers and the communities we work in.
Please review our website for additional information on the products services we
offer www.hiqhwavrail.com
2011-69
RFQ F-II-09
Gunrdrail Muim Svc
City of San Bernardino
TECHNICAL SPECIFICATIONS
RFQ F-11-09
Guardrail Replacement Services
NOTICE: "SPECIAL INSTRUCTIONS TO THE BIDDER"
The Public Works Department, Streets Division is responsible for maintaining all
guardrails in the City. Guardrail that is damaged as a result of traffic accidents or
weather related tree damage would be repaired or replaced to insure the safety of the
traveling public. The Public Works Department, Streets Division makes the initial
investigation for guardrail repair and makes the area safe until a contractor can complete
a permanent repair. Permanent repairs are prioritized based on severity. The Streets
Division oversees the completion of the permanent repair. The intent of this document is
to solicit proposals from qualified vendors with experience in providing guardrail
replacement services. The City is looking for the most responsive and responsible
vendor that will be committed to provide the City of San Bernardino with guardrail
replacement services. Through a competitive qualification and bid based procurement
process, the City of San Bernardino intends to enter into an agreement with a qualified
vendor for guardrail replacement services.
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.
Whenever the terms "Standard Specifications" is used, it shall mean the latest
edition of Caltrans Standard Specifications and the "Green" Book standards.
FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID
CATEGORY I ACCEPTABLE I AS SPECIFIED
1. GENERAL
The work performed under this Contract shall
include the furnishing of all labor, materials, traffic
control and equipment necessary to perform
guardrail replacement services within the City of San ACCEPTABLE
Bernardino. All work shall be done in accordance
with the latest edition of Caltrans Standard
Specifications and the "Green" Book Standards.
2. WORK ORDERS
The Contractor shall not start work in the City until
9
2011-69
he receives a written work order from the Public
Services Director or his designee. The Contractor
must have such list in his possession before starting
work. The Contractor shall perform only that work
listed and will only be compensated for the work
listed on the work order. All cost for mobilization for
each work order, regardless of quantity of work
requested, shall be considered included in the price
for the requested work and no additional
compensation to the Contractor shall be made. The
start date of work orders shall not exceed fourteen
(14) calendar days. Work orders must be completed
in ten (10) calendar days after start of work.
Contractor shall be liable for liquidated damages
due to delayed start beyond the allotted fourteen
(14) calendar days. Contractor shall also be liable
for liquidated damages due to delayed completion of
work beyond the allotted ten (10) calendar days
after start of work.
3. LOCATIONS OF WORK
The following thirteen (13) locations need guardrail
replacement services:
1. Third and Tippecanoe- Reconstruct MBGR over
drainage channel - (approximately 50 LF).
2. Arden dead end to Washington - MBGR with
wood post (approximately 50 LF).
3. Perris Hill and Pacific - 75' MBGR w/SRT, SFT
4. "0" Street to dead end to 29th - 63' MBGR w/2ea
% wraps
5. 30th and Mayfair - (approximately 138 LF)
6. Edgerton Dr. and N. Pershing - MBGR with
wood post (approximately 125 LF)
7. E Street and Mt. Vernon - (approximately 138
LF)
8. Colima and Ladera - (approximately 38 LF)
9. Little Mnt. - (approximately 38 LF)
10. Kendall and E Street - (approximately 40 LF)
11. Gilbert and 215t Street xis 29th Pacific Street
(approximately 120 LF and includes terminals
and traffic control).
12.4th St and Mt. Vernon- (approximately 150
LF/Eastside of street).
13. Date and Pacific at Arden (approximately 120
LF)
10
ACCEPTABLE
ACCEPTABLE
RFQ F-ll-09
Guardrail Main! Svc
2011-69
RFQ F-II-09
Ciuardrail \t!3int SVC
4. PRICING
Provide a pricing proposal for guardrail
replacement services for all items 1-13 and
provide a pricing proposal that is a fixed fee/unit ACCEPTABLE
cost per LF of guardrail that is replaced. This
fixed fee/unit cost will be used for additional
guardrail replacement services.
'Pricing shall be good through June 30, 2011.
5. DELIVERY OF GUARDRAIL
The guardrails will be delivered within fourteen (14) ACCEPTABLE
calendar days.
6. PREPARATION
it shall be the responsibility of the Contractor to ACCEPTABLE
insure that, prior to any guardrail replacement
services, the area is clear of all debris.
7. TRAFFIC CONTROL
The Contractor shall make every effort to assure the
safety of vehicular and pedestrian traffic during his
operations. The current edition of the "Work Area ACCEPTABLE
Traffic Control Handbook", published by Building
News, Inc., is herein adopted as the minimum safety
guidelines in conjunction with the Traffic Manual
issued by the State of California Department of
Transportation.
Contractor shall not close any street within the City
without first obtaining the approval of the Public
Works Director or City Engineer.
8. HOURS OF OPERATION
The hours of operation for performance of the Work
shall be 7:00 AM to 5:30 PM, Monday through
Friday. No lane closures will be permitted prior to ACCEPTABLE
7:00 AM or after 5:30 PM unless Contractor obtains
prior written approval from the Public Works Director
or City Engineer.
9. CONTRACT LENGTH ili... -~~\.e..
II
2011-69
The length of this contract shall be for one (1) year
with four (4) one-year extensions at the City's
option.
10. REFERENCE LIST
Provide three (3) local government agencies and/or
company's previous or current contact references
that support your ability to provide guardrail
replacement services.
11. LICENSES
The vendor represents that it has all licenses,
permits, qualifications and approvals of whatever
nature that are legally required to provide guardrail
replacement services including a City Business
License, Contractors License and that such licenses
and approvals shall be maintained throughout the
term of this Contract.
12. CONTRACTOR NON-COMPLIANCE
A. If the Public Works Department Director, or his
designee, determines that there are deficiencies
in the performance of this Agreement, the Public
Works Director, or his designee, will provide a
written notice to the vendor stating the
deficiencies and specifying a time frame to
correct the specified deficiencies. This time
frame shall be reasonable, as determined by the
Public Services Department Director, or his
designee, to correct the specified deficiencies.
B. Should the VENDOR fail to correct any
deficiencies within the stated time frame, the
Public Works Department Director, or designee,
may exercise the following measures:
1. Deduct from the VENDOR'S payment the
amount necessary to correct the deficiency,
including City overhead costs and impose a
deficiency deduction.
2. Withhold the entire or partial payment.
3. Terminate the contract and award to
second bidder.
12
RFQ F-11-09
Cluardrail \'laint Svc
ACCEPTABLE
ACCEPTABLE
ACCEPTABLE
ACCEPTABLE
2011-69
RFQ F-Il-09
Guardrail MJinl Sv('
SECTION III.
BID CONTENT AND FORMS
13
2011-69
RFQ F-II-09
Ciuardrail Mainl SyC
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. 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
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;
strength and stability of the firm; staffing capability; work load; record of
meeting schedules on similar projects; and supportive client reference.
Bidder shall:
14
2011-69
RFQ F-II-09
Cluardrail \,1ail\! (we
a. provide a brief profile of the firm, including the types of services
offered; the year founded; form of the organization (corporation,
partnership, sole proprietorship); number, size and location of
offices; number of employees;
b. describe the firm's experience in performing work of a similar nature
to that solicited in this RFQ:
c. provide, as a minimum, 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) of the client organization who is most knowledgeable
about the work performed.
4. Appendices
Information considered by Bidder to be pertinent to this RFQ and which has
not been specifically solicited in any of the aforementioned sections may be
placed in a separate appendix section. Bidders are cautioned, however,
that this does not constitute an invitation to submit large amounts of
extraneous materials; appendices should be relevant and brief.
B. LICENSING AND CERTIFICATION REQUIREMENTS
By submitting a bid, bidder warrants that any and all licenses and/or certifications
required by law, statute, code or ordinance in performing under the scope and
specifications of this RFQ are currently held by bidder, and are valid and in full
force and effect. Copies or legitimate proof of such licensure and/or certification
shall be included in bidder's response. Bids lackina copies and/or proof of
said licenses and/or certifications may be deemed non-responsive and may
be reiected.
C. COST AND PRICE FORMS
Bidder shall complete the Price Form in its entirety including: 1) all items listed
and total price; 2) all additional costs associated with performance of
specifications; and 3) Bidder's identification information including a binding
signature.
Bidder shall state cash discounts offered. Unless discount payment terms are
offered, payment terms shall be "Net 30 Days". Payment due dates, including
discount period, will be computed from date of City acceptance of the required
services or of a correct and complete invoice, whichever is later, to the date City's
check is mailed. Any discounts taken will be taken on full amount of invoice,
unless other charges are itemized and discount thereon is disallowed.
Freight terms shall be F.O.B. Destination, Full Freight Allowed, unless otherwise
specified on price form.
15