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HomeMy WebLinkAbout37-Public Services CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTIQR I GINA l Dept: Public Services Subject: 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 $45,000 to Holliday Companies for concrete materials. From: Ken Fischer, Director Date: June 15, 2009 Meeting Date: July 6, 2009 Synopsis of Previous Council Action: March 2, 2009 - Resolution 2009-45, the Mayor and Common Council rejected Bid RFQ F-09-07 pursuant to Section 3.04.070 E of the Municipal Code. Recommended Motion: Adopt Resolution. Contact person: Ken Fischer, Director Phone: 5140 Supporting data attached: Staff Report, Resolution, Vendor Service Agreement and Attachment "1" Ward: All Source: $45,000 FY 09-10 001-406-5111 (Materials & Supplies) FUNDING REQUIREMENTS: Amount: Council Notes: Finance: ~o d)oo9 -d.-O/ Agenda Item No. 31 - ~ -~ CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subject: 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 $45,000 to Holliday Companies for concrete materials. Background: The Public Services Department, Streets Division utilizes concrete materials for its concrete repair program. Each year, staff utilizes approximately 560 yards of concrete materials for concrete maintenance. Staff currently pays a fixed price of $95 per yard of concrete, which is roughly $53,200 per year for concrete materials. On December 10, 2008 a formal bid process was initiated to solicit bids for concrete materials. Notices of bids were mailed to the Chamber of Commerce and thirteen (13) vendors. The only bid received was from Alpha Materials of Riverside. Staff contacted the local vendors and asked them why they did not submit a bid. Both Chaparral Concrete Company and Robertson's Ready Mix indicated that they recently changed salesmen and did not receive the bid notice. Staff was unable to get a return call from Holliday Companies of Upland. Based on the above, staff determined that there was insufficient bid information to obtain pricing that truly represented the market. On March 2, 2009, the Mayor and Common Council rejected Bid RFQ F-09-07. On April 28, 2009 a formal bid process was again initiated to solicit bids for Concrete Materials. Notices of bids were e-mailed.postedtotheweb.printed on the newspaper and sent to the Chamber of Commerce and the nine (9) vendors. Two vendors responded to RFQ- F-09-15. No local vendors submitted a bid. Staff again contacted the local vendors and asked them why they again did not submit a bid. Chaparral Concrete Company of San Bernardino stated that they recently changed their name to Cal Portland and claimed that did not receive the bid. However, records show that they did receive an e-mail from our Purchasing Division. Robertson's Ready Mix could not be reached for comment. The bid documents requested unit pricing per yard for three (3) types of concrete materials. The vendor, business location, and price quote for concrete type (520-A-2500) materials are listed below: Vendor Holliday Companies Alpha Materials Location Upland, CA Riverside, CA Quote/Per Yard $62.50 $72.00 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report-Continued The price quote for concrete type (520-C-2500): Vendor Holliday Companies Alpha Materials Location Upland, CA Riverside, CA Quote/Per Yard $62.50 $71.00 The price quote for concrete type (560-C-32503): Vendor Holliday Companies Alpha Materials Location Upland, CA Riverside, CA Quote/Per Yard $65.50 $74.00 Since Holliday Companies submitted the lowest bid, staff is recommending that Holliday Companies be issued a Purchase Order in the amount of $45,000 for FY 09-10. Staff recommends issuing the contract to Holiday Companies for one (1) year and re-bidding this before FY 10-11. Financial Impact: Funds have been budgeted in the FY 09-10 Budget, Account No. 001-406-5111 (Materials and Supplies) in the amount of $45,000. Recommendation: Adopt Resolution. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 RESOLUTION NO. C~~y 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 $45,000 TO HOLLIDAY COMPANIES FOR CONCRETE MATERIALS. WHEREAS, Holliday Companies submitted the lowest bid for the purchase of concrete materials per RFQ F-09-15; 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 Holliday Companies, 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 15 16 designee is hereby authorized to issue a purchase order to Holliday Companies in the 17 18 19 20 amount of $45,000 for FY 09-10. SECTION 3. The Purchase Order shall reference this Resolution Number and shall read, "Holliday Companies for the purchase of concrete materials. Agreement not to exceed $45,000" and shall incorporate the terms and conditions of the 21 agreement. 22 23 SECTION 4. The authorization to execute the above referenced Purchase 24 Order and Agreement is rescinded if it is not executed by both parties within sixty (60) 25 days of the passage of this resolution. 26 III 27 III 28 7-6-C' ~37 1 RESOLUTION OF THE MAYOR AND COMMON COUNCil OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND 2 ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $45,000 TO HOLLIDAY COMPANIES FOR CONCRETE MATERIALS. 3 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the 5 Mayor and Common Council of the City of San Bernardino at a 6 meeting thereof, held on the , 2009, by the day of 7 following vote, to wit: 8 9 10 Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA 11 BAXTER 12 BRINKER 13 SHORETT 14 KELLEY 15 JOHNSON 16 17 18 19 MCCAMMACK Rachel G. Clark, City Clerk 20 hereby approved this day of The foregoing resolution IS 21 , 2009. 22 23 24 Approved as to Form: 25 By: ~~A t-.f(-'~ 26tc';nes F. Penman (Yity Attorney 27 28 Patrick J. Morris, Mayor City of San Bernardino 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 VENDOR SERVICE AGREEMENT This Vendor Service Agreement is entered into this 6th day of July 2009, by and between Holliday Companies ("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 acquire concrete materials; and WHEREAS, the City of San Bernardino did solicit and accept bids from available vendors for concrete materials per RFQ F -09-15; and, 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-09-15, a copy of which 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 $45,000, for the purchase of concrete materials. b. No other expenditures made by VENDOR shall be reimbursed by CITY. 3. TERM; TERMINATION. The term of this agreement shall be from July 6,2009 through June 30, 2010. This Agreement may be terminated at any time by thirty (30) days' written notice by either party. The terms of this Agreement shall remain in force unless amended by written Exhibit "A" I 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 agreement of the parties executed on or before the date of expiration of current term of the agreement. 4. INDEMNITY. Vendor agrees to and shall indemnify and hold the City, its elected officials, employees, agents or representatives, free and harmless from all claims, actions, damages and liabilities of any kind and nature arising from bodily injury, including death, or property damage, based or asserted upon any or alleged act or omission of Vendor, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of service under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the City, its elected officials, employees, agents or representatives. As part of the foregoing indemnity. Vendor agrees to protect and defend at its own expense, including attorney's fees the City. its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. Vendor hereby waives any and all rights to any types of express or implied indemnity against the City. its elected officials. employees. agents or representatives, with respect to third party claims against the Vendor relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 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 Exhibit "A" ') 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 Insurance furnished to the CITY shall require the insurer to notify CITY of any change or termination in the policy. Insurer shall give CITY 30 days notice prior to enactment and 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 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. III Exhibit "A" , j 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 NOTICES. Any notices to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: TO THE CITY: Public Services Director 300 North "D" Street San Bernardino, CA 92418 Telephone: (909) 384-5140 TO THE VENDOR: Holliday Companies 2193 West Foothill Blvd Upland, CA 91786 Telephone: (909) 982-1553 Contact: Mike Oliver 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. 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 Exhibit "A" 4 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 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, Riverside Division. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. 12. GOVER."IING 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 provIsIons. 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. Exhibit "A" 5 16. ENTIRE AGREEMENT; MODIFICATION. 1 2 3 4 5 6 7 III 8 III 9 III 10 III 11 III This Agreement constitutes the entire agreement and the understanding between the parties, and supercedes any prior agreements and understandings relating to the subject manner of this Agreement. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. VENDOR SERVICE AGREEMENT HOLLIDAY COMPANIES 1 2 3 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and 4 5 date set forth below. 6 Dated: 7 8 9 Dated . 2009 10 11 12 Approved as to Form: 13 .2009 Holliday Companies By: CITY OF SAN BERNARDINO By: Charles E. McNeely. City Manager By: 14 James F. Penman. City Attorney 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibit "A" 7 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 VENDORSER~CEAGREEMENT This Vendor Service Agreement is entered into this 6th day of July 2009, by and between Holliday Companies ("VENDOR") and the City of San Bernardino ("CITY" or "San Bernardino"). WITNESSETH: WHEREAS, the Mayor and Cornmon Council has determined that it is advantageous and in the best interest of the CITY to acquire concrete materials; and WHEREAS, the City of San Bernardino did solicit and accept bids from available vendors for concrete materials per RFQ F -09-15; and, 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-09-15, a copy of which 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 $45,000, for the purchase of concrete materials. b. No other expenditures made by VENDOR shall be reimbursed by CITY. 3. TERM; TERMINATION. The term of this agreement shall be from July 6,2009 through June 30, 2010. This Agreement may be terminated at any time by thirty (30) days' written notice by either party. The terms of this Agreement shall remain in force unless amended by written I 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 agreement of the parties executed on or. before the date of expiration of current term of the agreement. 4. INDEMNITY. Vendor agrees to and shall indemnify and hold the City, its elected officials, employees, agents or representatives, free and harmless from all claims, actions, damages and liabilities of any kind and nature arising from bodily injury, including death, or property damage, based or asserted upon any or alleged act or omission of Vendor, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of service under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the City, its elected otlicials, employees, agents or representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its own expense, including attorney's fees the City, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omISSIOns. Vendor hereby waives any and all rights to any types of express or implied indemnity against the City. its elected officials, employees, agents or representatives, with respect to third party claims against the Vendor relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 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 2 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 to practice its business or profession. 26 III 27 28 Insurance furnished to the CITY shall require the insurer to notify CITY of any change or termination in the policy. Insurer shall give CITY 30 days notice prior to enactment and 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 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 , J 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 NOTICES. Any notices to be given pursuant to this Agreement shall be deposited with the United States Postal Service. postage prepaid and addressed as follows: TO THE CITY: Public Services Director 300 North "D" Street San Bernardino, CA 92418 Telephone: (909) 384-5140 TO THE VENDOR: Holliday Companies 2193 West Foothill Blvd Upland, CA 91786 Telephone: (909) 982-1553 Contact: Mike Oliver 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. 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 "'Titten 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 ofCITY's consent, no subletting or assignment shall release VENDOR 4 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 of VENDOR's obligation to perform all other obligations to be performed by VENDOR hereunder for the term of this Agreement. II. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the State courts located in the County of San Bernardino. State of California or the U.S. District Court for the Central District of California, Riverside Division. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. 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 convenIence only and shall not affect the construction or the interpretation of any of its provIsions. 15. SEVERi\BILITY. 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. 5 1 2 3 4 16. ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement and the understanding between the parties, and supercedes any prior agreements and understandings relating to the subject manner of this Agreement. This Agreement may be modified or amended only by a written instrument 1 2 3 4 5 6 7 8 9 10 11 VENDOR SERVICE AGREEMENT HOLLIDAY COMPANIES IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: .2009 Holliday Companies By: Dated .2009 CITY OF SAN BERNARDINO By: Charles E. McNeely, City Manager 12 Approved as to Form: 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7 ATTACHMENT "I" ~\)?i 2193 WEST FOOTHlLlIlLVD. UPlAND. CA 91786' 909-982-1553 E1.X 909-949-6315 Qualifications. Related Experience and References Holliday Companies Mailing Address: 2193 Foothill Blvd Upland, CA 91786 Phone: 888-273-2200 Fax: 909-949-63] 5 Local Plant, San Bernardino: Holliday Trucking, Inc. 2300 E. Baseline Rd San Bernardino, CA 924] 0 Holliday Companies nas been in the construction materials industry since] 937. Headquartered in Upland California, Holliday Companies has plant locations in San Bernardino, Colton, R()moland, Irwindale, Irvine, Palmdale, Adelanto, Santa Clarita, Ridgecrest, Tehachapi, and Bakersfield. We currently provide the following materials: ready mix concrete, asphalt, rock, and sand. Holliday Companies has in excess of 300+ ernployees. 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" :J OJ III " ~ ~ CD OJ ~ ro CD CD co ro * " '" ro * ro * \J ro ro * ~ -< III ~ 0. ~,,"'-! en ('") tI:1,:m::;- o fh"s: Cll ~ I~~ ~ ;0 -~o !!I ::0 Il;,~ m <p ~<, ""m s: OJ .Q > Q; ',0 -l ,J ;;0 m ;:i.-< ::0 ~ )> r- CJl .. flt, l s: I" ;;0:1>...., <' -!,Y c rom' ~~~I CD , en ' ;. <" * * * ~Ol Op..) 00> 00 tvO o ex:> 00 O'l o o o ()1 o C "0 III :J 0. ..... -.j * ootv o 0.....0 0U10 ~ ()1 ;Q "Tl o "Tl . o CD . ..... U1 OJ o CIJ c 5: 5: )> ;:0 -< CIJ I m m -! ~, ? ~-, U1 - p..) -.j - p..) o o CD i ~t" it 'R- ( v... !i" i~- .', ..... o o "tl s: RFQ F-09-15 Concrete (Re-Bid) City of San Bernardino TECHNICAL SPECIFICATIONS RFQ F-09-15 CONCRETE MATERIALS (RE-BID) NOTICE : "SPECIAL INSTRUCTIONS TO THE BIDDER. The Public Services Department, Streets Division is responsible for maintaining all curbs, and gutters in the City. The intent of this document is to solicit proposals from qualified vendors with experience in providing concrete materials. The City is looking for the most responsive and responsible vendor that will be committed to provide the City of San Bernardino with concrete materials. 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 concrete materials. 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 .Standard Specifications for Public Works Construction, latest edition: In case of conflict between these specifications and Standard Specifications, these specifications shall take precedence over and be used in lieu of the Standard Specifications. FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID CATEGORY I ACCEPTABLE / AS SPECIFIED 1. CONCRETE MATERIALS Ac.(..( t'T"'?' 1..-" The City of San Bemardino Public Services Department requires an annual concrete materials * (;;)(L,,-n:- U::..> L.....~ Ii:" IS contract. The materials requested will be available 'ftt\(...IT\? ?~t1- c....v~\(,.. --r'>4f) for delivery to projects located throughout the City AS r€L \-.)Ov,Tf\-.,--\ of San Bemardino. All fuel surcharges per load, c;.I.>,.>O""<'l.-'?~ taxes, delivery costs shall be included for materials ordered. Concrete materials shall be freshly mixed and unhardened and shall be in accordance with the Standard Specifications for Public Works Construction, latest edition and the City Standards. 9 RFQ F-09-15 Concrete (Re-Bid) All loads of materials shall be priced on a per-load ACJ....'i:p\A'b\...C basis. 2. ENVIRONMENTAL FEE "* $1.0.00 ?,,<t. 'u:>J>.\) / Ttt.vc...lC If applicable, please provide an environmental fee that is a fixed fee per load of concrete. 3. GREEN BOOK STANDARDS PER TABLE 201- 1.1.2 (A) Au..-<:\'~A"''vC The vendor must be able to provide the following concrete types: (520-A-2500) (520-C-2500) (560-C-32503) (1 00-E-1 00) 4. PRICING ACL~1\Ar?'---::- Provide a pricing propos a I that is a fixed fee per yard of concrete for each concrete material type. The yard price shall be based on a 9 to 10 yard order. Also include a price per yard for an order less than 9 yards for all concrete types. .Pricing shall be good through June 30, 2010. 5. REFERENCE LIST ALL.:;I'\I:>" ,-" Provide three (3) local govemment agencies ;It.. SCG: AT"rP<.-v..::0 and/or company's previous or current contact references that support your ability to provide concrete materials. 6. CONTRACT LENGTH AL<fi9,r.>'I-:J-.iZ ,II. O1'"TIO,J<, Tb ~ ~l'.::.c:.1r\15\\:.~" The length of this contrad shall be for one (1) year 5~K.:>ct..r.:;"" \'1~\!'" c;.l~I\,."r e>\- with three (3) one-year extensions at the City's ---rn1C ~""""' '-1...!"ot\... option. 7. REFERENCE LIST 10 RFQ F-09-15 Concrete (Re-Bid) Provide three (3) local government agencies Awz.1' TA~I.X: and/or company's previous or current contact references that support your ability to provide reliable concrete materials. 8. LICENSES Au....:.\'1:"b'7'-"S The vendor represents that it has all licenses, permits, qualifications and approvals of whatever nature that are legally required to provide concrete materials, including a City business License, and that such licenses and approvals shall be maintained throughout the term of this Contract. 11 RFQ F-09-15 Con=te (Ro-Bid) PRICE FORM REQUEST FOR QUOTES: RFQ F-09-15 DESCRIPTION OF RFQ: Concrete Materials (RE-BID) COMPANY NAME/ADDRESS: l-\ n ........, OA..... -"\ /LV ( c.,.J(, h..x. . ?~o l"7. i7-,A~~L.'''''''~ e..:7. SA..) 'i>,~~<L>--J,"(\.O''''''''''' CJ4 '17'-1\0 NAME OF AUTHORIZED REPRESENTATIVE \ \C..'" PRINT NAME q,y:\ - a.z>7 - ISC,-z., X 7,'-1L1 TELEPHONE NO. FAX NO. 0, () 0, - c" '-I 0,. (.,;":> I'S Concrete Finn Fixed Delivery Fuel Environmental Sub-Total Short Load Fee Type Fee Per Charge Surcharges Fee Per Yerd (ordlll$ less than 10 yard K applicabla) a) (520-A-2500) &,?.So 0 0 ~Zo rt:f.L>I.o ~.c;,D $ I D= r.:1l. '(A'ZJ') """ \>>'C b) (520-C-2500) ("?",SD D D 1}70 'i'\~n1^1O S-z.-So $10.00 ?d ,<"'l.O t-.>cir -r-u. c) (56O-C-3250,) /"<;.00 0 n 17D ~-It. u...O gS,.OD $\0 I']) v::L. l.(d1..O ~l Th.. d) (100-E-100) <;0. IS f;) () 'iW RlL'-""'C> ID.IS $ \ 0 DO IC.:<Z, '-(....17 ..Jd:'" TI.. TOTAL FIRM FIXED PRICE: $ ~1..0. IS s..~ lAx. 10 ?':>I.!'"" /~i?(7~ A'- A i1./.l.'C" Ol~ '\.00 :/. (Revised 5/19/09) 16