HomeMy WebLinkAbout25-Fire Department
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTI
Dept:
Fire
Subject: Resolution authorizing the Director of Finance or
designee to issue an annual purchase order to Y Tire
Sales in the amount of $40,000 for tires and
retreading services.
From:
Michael J. Conrad, Fire Chief
Date:
July 2, 2009
MC/C Meeting Date:
July 6, 2009
Synopsis of Previous Council Action:
08/07/06
Resolution #2006-279 authorizing the Director of Finance to mcrease Y Tire Sales annual
purchase order for tires and services on fire apparatus.
03/20/06
Resolution #2006-76 authorizing the Director of Finance to increase Y Tire Sales annual purchase
order for tires and services on fire apparatus.
RECOMMENDATION:
Adopt resolution.
mc1.-~ I, 1~/fA/~
Signature
Contact Person: Michael J. Conrad, Fire Chief Phone: (909) 384-5286
Supporting data attached: Staff Report, Resolution, and Quote Ward: Citywide
FUNDING REQUIREMENTS:
Amount:
$40,000.00
Source:
(Acct. No) 001-204-5111
(Acct. Descr.) Materials & Supplies
Finance:
Council Notes:
*-SD .2C:09 - / <?7
Agenda Item No, 2'i"
7-U-()C(
ST AFF REPORT
SUBJECT
Resolution authorizing the Director of Finance or designee to issue an annual purchase
order to Y Tire Sales in the amount of $40,000 for tires and retreading services.
BACKGROUND
On August 7,2008, the Finance Department solicited bids for RFQ #F-09-01 for tires and
retreading for the Public Services Fleet Division (attachment A). On October 6, 2008, the
Mayor and Common Council authorized the execution of a vendor service agreement and
issuance of an annual purchase order to Y Tire Sales for new and recapped tires, tubes and
related repair services for FY 2008-2009.
Since, Y Tire Sales supplies the City with tires and services on all light, medium, and
heavy-duty tires per RFQ #F-09-01. The Fire Department selects to "piggy back" on the
bid submitted to the city's Fleet Division. Fire had previously solicited bids under RFQ
#F-07-09 for tires and retreading for emergency response vehicles. Bid RFQ #F-07-09
was renewed for two years and expired on June 30, 2009. In discussion, with the Fleet
Division staff, it was recommended that the Fire Department "piggy back" under the city's
purchasing policy. However, Fire needs to submit a separate agenda item requesting
authorization.
The Fire Department is requesting that an annmil purchase order be issued to Y Tire Sales
in the amount-not-exceed $40,000 under RFQ #F09-01. Y Tire Sales meets technical
specifications under RFQ #F -09-0 I for tires, retreading, inspection, and repair services as
may be required for Fire Department Vehicles. The annual purchase order is for one year
with the option, at the City's discretion, of renewing annually for up to three years.
Therefore, in accordance with the City the San Bernardino Municipal Code Section
3.04.01O(B)(2) and 3.04.010(B)(3) purchasing procedures, the Fire Department
recommends that Y Tire Sales be issued an annual purchase order for tires, retreading,
inspection, and repair services.
FINANCIAL IMP ACT
The total dollar amount of $40,000 is included in the Fire Department's FY 2009-2010
budget for tires and retreading services. Funding is available in account number 001-204-
5111 (Materials and Supplies).
RECOMMENDATION
Adopt resolution.
1
RESOLUTION NO. 2009-
rO~Q)v
2
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
3 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH AND
ISSUANCE OF A PURCHASE ORDER TO Y TIRE SALES FOR TIRES AND RETREADING
4 SERVICES FOR THE FIRE DEPARTMENT.
5 WHEREAS, San Bernardino Municipal code section 3.04.01 0(B)(2) authorizes purchases
6 from a vendor or manufacturer which, through the City's bidding procedure, has established a price
7 at which such a vendor or manufacturer is willing to sell to the City; and,
8 WHEREAS, Y Tire Sales has submitted a bid within the last year under RFQ F-099-01 to
9 sell new and recapped tires, tubes, and related repairs to the City of San Bernardino Public Services
10 Fleet Department; and,
11 WHEREAS, the Fire Department has a need for new tires, services, and repairs for
12 emergency response vehicles.
13
BE IT RESOL YED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
14 OF SAN BERNARDINO AS FOLLOWS:
15 SECTION 1. That the Mayor and Common Council, pursuant to its authority under
16 Municipal Code ~ 3.04.010(B)(2), authorizes and directs the City Manager to execute a Purchase
17 Agreement with Y Tire Sales for tires and retreading services, in an amount not to exceed $40,000.00,
18 a copy of which is attached hereto and incorporated herein, marked Exhibit "A."
19 SECTION 2. That the Mayor and Common Council authorizes the Director of Finance or
20 her designee to issue an Ammal Purchase Order to Y Tire Sales for tires and retreading services, in
21 accordance with Bid Specification F-09-01, for a total amount not to exceed $40,000. The annual
22 Purchase Order shall incorporate by reference this Resolution and Bid Specification F-09-01. The
23 Annual Purchase Order is for one year with three (3) one-year extensions.
24 SECTION 3. The authorizations granted herein will be automatically rescinded if the
25 Agreement is not fully executed and the Purchase Order is not issued within sixty (60) days of the
26 passage of this Resolution.
27 III
28 III
7- {, ~o"J
::#&5
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH AND
2 ISSUANCE OF A PURCHASE ORDER TO Y TIRE SALES FOR TIRES AND RETREADING
SERVICES FOR THE FIRE DEPARTMENT.
3
4
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5
Common Council of the City of San Bernardino at a
meeting thereof, held on the _day
6
of
, 2009, by the following vote, to wit:
7
COUNCIL MEMBERS: AYES
8
ESTRADA
9
BAXTER
10
BRINKER
11
SHORETT
12
KELLEY
13
JOHNSON
14
MC CAMMACK
15
16
17
NAYS
ABSTAIN ABSENT
Rachel Clark, City Clerk
18
The foregoing Resolution is hereby approved this _ day of
,2009.
19
20
21
PATRICKJ. MORRIS, Mayor
City of San Bernardino
22
Approved as to form:
23
24
JAMES F. PENMAN,
City Attorney
25
26
-:;.
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PURCHASE AGREEMENT
This Purchase Agreement is entered into this day of , 2009,
by and between "Y" tire Sales ("Vendor") and the City of San Bernardino ("City" or "San
Bernardino").
WITNESSETH:
WHEREAS, the Mayor and Common Council has determined that it is advantageous and
in the best interest of the City to contract for the purchase of tires for its Fire Department; and,
WHEREAS, on October 6, 2008, by Resolution No. 2008-392, the City of San Bernardino
entered into an Agreement with Vendor for the purchase of tires after a competitive bidding process
per RFQ #F-09-01, and,
WHEREAS, the parties now wish to "piggy-back" on RFQ #F-09-01 for tires, retreading,
inspection and repair services for the Fire Department.
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated, San Bernardino hereby engages Vendor to provide during
FY 2009-20 I 0 those products as set forth in Bid Specifications No. RFQ #F -09-01, for new and re-
capped tires, tubes and related repair services for City Fire vehicles and equipment dated August 7,
2008, attached hereto as Exhibit "1" and incorporated herein by this reference.
2. COMPENSATION AND EXPENSES.
For the products and/or services delineated above, the City, upon presentation of an invoice,
shall pay the Vendor pursuant to the bid summary sheet for vendor, attached hereto as Attachment
"2" and made a part hereto, an amount not to exceed $40,000 for FY 09-10 for new and re-capped
tires, tubes and related repair services for City Fire vehicles and equipment. No other expenditures
made by Vendor shall be reimbursed by City.
3. TERM; TERMINATION.
The term of this Agreement shall be from July 1, 2009, through June 30, 2010, and is
renewable, at the option of the City, for up to three additional years.
This Agreement may be terminated at any time by thirty (30) days' prior written notice by
I.
EXHIBIT "A"
1 either party. The terms of this Agreement shall remain in force unless amended by written
2 agreement of the parties executed on or before the date of expiration of the current term of the
3 Agreement.
4 4.
WARRANTY
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Vendor expressly warrants that all products and services supplied to City by Vendor
under this Agreement shall conform to the specifications, drawings or other description upon
which this purchase is based, shall be fit and sufficient for the purpose intended, merchantable, of
good material and workmanship, free from defects and fee and clear of all liens or encumbrances.
Inspection, testing, acceptance or use of the goods by the City shall not affect
Vendor's obligations under this warranty, and such warranty shall survive inspection, testing,
acceptance and use. Vendor agrees to replace or correct promptly defects of any goods or
services not conforming to the foregoing warranty without expense to the City, when notified of such
non-conformity by City. If Vendor fails to correct the defects in or replace non-conforming goods
or services promptly, City may, after reasonable notice to Vendor, make such corrections or effect
cover, or cure, at Vendor's expense. "Reasonable notice" for purposes of this section shall not be
deemed to require more than 60 calendars days notice before commencement of efforts by the City
to effect cover or a cure except upon written agreement of the Parties.
5. INDEMNITY.
Vendor agrees to and shall indemnify and hold the City, its elected officials, employees,
agents or representatives, free and harmless from all claims, actions, damages and liabilities of any
kind and nature arising from bodily injury, including death, or property damage, based or asserted
upon any actual or alleged act or omission of Vendor, its employees, agents, or subcontractors,
relating to or in any way connected with the accomplishment of the work or performance of services
under this Agreement, unless the bodily injury or property damage was actually caused by the sole
negligence of the City, its elected officials, employees, agents or representatives. As part of the
foregoing indemnity, Vendor agrees to protect and defend at its own expense, including attorney's
fees, the City, its elected officials, employees, agents or representatives from any and all legal actions
based upon such actual or alleged acts or omissions. Vendor hereby waives any and all rights to any
2.
EXHIBIT "A"
1 types of express or implied indemnity against the City, its elected officials, employees, agents or
2 representatives, with respect to third party claims against the Vendor relating to or in any way
3 connected with the accomplishment of the work or performance of services under this Agreement.
4 6.
INSURANCE.
5 While not restricting or limiting the foregoing, during the term of this Agreement, Vendor
6 shall maintain in effect policies of comprehensive public, general and automobile liability insurance,
7 in the amount of $1,000,000.00 combined single limit, and statutory worker's compensation
8 coverage, and shall file copies of said policies with the City's Risk Manager prior to undertaking any
9 work under this Agreement. City shall be set forth as an additional named insured in each policy of
10 insurance provided hereunder. The Certificate of Insurance furnished to the City shall require the
11 insurer to notifY City of any change or termination in the policy.
12 7.
NON-DISCRIMINATION.
13 In the performance of this Agreement and in the hiring and recruitment of employees, Vendor
14 shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in
15 employment of persons because of their race, religion, color, national origin, ancestry, age, mental
16 or physical disability, medical condition, marital status, sexual gender or sexual orientation, or any
17 other status protected by law, except as permitted pursuant to Section 12940 of the California
18 Government Code.
19 8.
BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
20 Vendor warrants that it shall comply with any and all business registration requirements of
21 the City's Municipal Code, and any other license, permits, qualifications, insurance and approval of
22 whatever nature that are legally required of Vendor to practice its business or profession.
23 9.
NOTICES.
24 Any notices to be given pursuant to this Agreement shall be deposited with the United States
25 Postal Service, postage prepaid and addressed as follows:
26 TO THE City:
City Manager
300 North "D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5122
27
28
3.
EXHffiIT "A"
1 TO THE Vendor:
"Y" Tire Sales
1941 N. Marianna Ave.
Los Angeles, CA 90032
Telephone: (323) 223-1391
2
3
10. ATTORNEYS' FEES
4
In the event that litigation is brought by any party in connection with this Agreement, the
5
6
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
7
8
9
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
11
11. ASSIGNMENT.
12
13
Vendor shall not voluntarily or by operation oflaw 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
14
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of this Agreement and cause for the termination of this Agreement. Regardless of City's consent,
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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.
18
12. VENUE.
19
20
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,
21
22
Riverside Division. The aforementioned choice of venue is intended by the parties to be mandatory
23
and not permissive in nature.
24
13. GOVERNING LAW.
25
This Agreement shall be governed by the laws of the State of California.
26
14. SUCCESSORS AND ASSIGNS.
27
This Agreement shall be binding on and inure to the benefit of the parties to this Agreement
28
and their respective heirs, representatives, successors, and assigns.
4.
EXHIBIT "A"
1 15.
HEADINGS.
2 The subject headings of the sections of this Agreement are included for the purposes of
3 convenience only and shall not affect the construction or the interpretation of any of its provisions.
4 16.
SEVERABILITY.
5 If any provision of this Agreement is determined by a court of competent jurisdiction to be
6 invalid or unenforceable for any reason, such determination shall not affect the validity or
7 enforceability of the remaining terms and provisions hereof or of the offending provision in any other
8 circumstance, and the remaining provisions ofthis Agreement shall remain in full force and effect.
9 17.
ENTIRE AGREEMENT; MODIFICATION.
10 This Agreement constitutes the entire agreement and the understanding bt;tween the parties,
11 and supercedes any other agreements and understandings relating to the subj ect manner of this
12 Agreement. This Agreement may be modified or amended only by a written instrument executed
13 by all parties to this Agreement.
14 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and
15 date set forth below.
16 Dated: ,2009
17 CITY OF SAN BERNARDINO
18
19 By:
Charles E. McNeely
20 City Manager
21
22 Approved as to Form:
James F. Penman, City Attorney
23
24 By:
25
26
27
28
Dated:
,2009
"Y" TIRE SALES
By:
5.
EXHIBIT" A"
1 PURCHASE AGREEMENT
2 This Purchase Agreement is entered into this day of , 2009,
3 by and between "Y" tire Sales ("Vendor") and the City of San Bernardino ("City" or "San
4 Bernardino").
5 WITNESSETH:
6 WHEREAS, the Mayor and Common Council has determined that it is advantageous and
7 in the best interest of the City to contract for the purchase of tires for its Fire Department; and,
8 WHEREAS, on October 6,2008, by Resolution No. 2008-392, the City of San Bernardino
9 entered into an Agreement with Vendor for the purchase of tires after a competitive bidding process
10 per RFQ #F-09-01, and,
11 WHEREAS, the parties now wish to "piggy-back" on RFQ #F-09-01 for tires, retreading,
12 inspection and repair services for the Fire Department.
13 NOW, THEREFORE, the parties hereto agree as follows:
14 1. SCOPE OF SERVICES.
15 For the remuneration stipulated, San Bernardino hereby engages Vendor to provide during
16 FY 2009-2010 those products as set forth in Bid Specifications No. RFQ #F-09-01, for new and re-
17 capped tires, tubes and related repair services for City Fire vehicles and equipment dated August 7,
18 2008, attached hereto as Exhibit" I" and incorporated herein by this reference.
19 2.
COMPENSATION AND EXPENSES.
20 For the products and/or services delineated above, the City, upon presentation of an invoice,
21 shall pay the Vendor pursuant to the bid summary sheet for vendor, attached hereto as Attachment
22 "2" and made a part hereto, an amount not to exceed $40,000 for FY 09-10 for new and re-capped
23 tires, tubes and related repair services for City Fire vehicles and equipment. No other expenditures
24 made by Vendor shall be reimbursed by City.
25 3. TERM; TERMINATION.
26 The term of this Agreement shall be from July I, 2009, through June 30, 2010, and is
27 renewable, at the option of the City, for up to three additional years.
28 This Agreement may be terminated at any time by thirty (30) days' prior written notice by
I.
1 either party. The terms of this Agreement shall remain in force unless amended by written
2 agreement of the parties executed on or before the date of expiration of the current term of the
3 Agreement.
4 4.
WARRANTY
5 Vendor expressly warrants that all products and services supplied to City by Vendor
6 under this Agreement shall conform to the specifications, drawings or other description upon
7 which this purchase is based, shall be fit and sufficient for the purpose intended, merchantable, of
8 good material and workmanship, free from defects and fee and clear of all liens or encumbrances.
9 Inspection, testing, acceptance or use of the goods by the City shall not affect
10 Vendor's obligations under this warranty, and such warranty shall survive inspection, testing,
11 acceptance and use. Vendor agrees to replace or correct promptly defects of any goods or
12 services not conforming to the foregoing warranty without expense to the City, when notified of such
13 non-conformity by City. If V endor fails to correct the defects in or replace non-conforming goods
14 or services promptly, City may, after reasonable notice to Vendor, make such corrections or effect
15 cover, or cure, at Vendor's expense. "Reasonable notice" for purposes of this section shall not be
16 deemed to require more than 60 calendars days notice before commencement of efforts by the City
17 to effect cover or a cure except upon written agreement of the Parties.
18 5.
INDEMNITY.
19 Vendor agrees to and shall indemnify and hold the City, its elected officials, employees,
20 agents or representatives, free and harmless from all claims, actions, damages and liabilities of any
21 kind and nature arising from bodily injury, including death, or property damage, based or asserted
22 upon any actual or alleged act or omission of Vendor, its employees, agents, or subcontractors,
23 relating to or in anyway connected with the accomplishment ofthe work or performance of services
24 under this Agreement, unless the bodily injury or property damage was actually caused by the sole
25 negligence of the City, its elected officials, employees, agents or representatives. As part of the
26 foregoing indemnity, Vendor agrees to protect and defend at its own expense, including attorney's
27 fees, the City, its elected officials, employees, agents or representatives from any and all legal actions
28 based upon such actual or alleged acts or omissions. Vendor hereby waives any and all rights to any
,
~.
1 types of express or implied indemnity against the City, its elected officials, employees, agents or
2 representatives, with respect to third party claims against the Vendor relating to or in any way
3 connected with the accomplishment of the work or performance of services under this Agreement.
4 6.
INSURANCE.
5 While not restricting or limiting the foregoing, during the term of this Agreement, Vendor
6 shall maintain in effect policies of comprehensive public, general and automobile liability insurance,
7 in the amount of $1,000,000.00 combined single limit, and statutory worker's compensation.
8 coverage, and shall file copies of said policies with the City's Risk Manager prior to undertaking any
9 work under this Agreement. City shall be set forth as an additional named insured in each policy of
10 insurance provided hereunder. The Certificate of Insurance furnished to the City shall require the
11 insurer to notify City of any change or termination in the policy.
12 7.
NON-DISCRIMINATION.
13 In the performance of this Agreement and in the hiring and recruitment of employees, Vendor
14 shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in
15 employment of persons because oftheirrace, religion, color, national origin, ancestry, age, mental
16 or physical disability, medical condition, marital status, sexual gender or sexual orientation, or any
17 other status protected by law, except as permitted pursuant to Section 12940 of the California
18 Government Code.
19 8.
BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
20 Vendor warrants that it shall comply with any and all business registration requirements of
21 the City's Municipal Code, and any other license, permits, qualifications, insurance and approval of
22 whatever nature that are legally required of Vendor to practice its business or profession.
23 9.
NOTICES.
24 Any notices to be given pursuant to this Agreement shall be deposited with the United States
25 Postal Service, postage prepaid and addressed as follows:
26 TO THE City:
City Manager
300 North "D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5122
27
28
3.
1 TO THE Vendor:
"Y" Tire Sales
1941 N. Marianna Ave.
Los Angeles, CA 90032
Telephone: (323) 223-1391
2
3
10. ATTORNEYS' FEES
4
5
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
6
7
8
9
10
paragraph.
11
11. ASSIGNMENT.
12
13
Vendor shall not voluntarily or by operation oflaw assign, transfer, sublet or encumber all
or any part of the Vendor's interest in this Agreement without City's prior written consent. Any
14
attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach
15
16
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.
17
18
12. VENUE.
19
The parties hereto agree that all actions or proceedings arising in connection with this
20
21
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.
22
23
24
13. GOVERNING LAW.
25
This Agreement shall be governed by the laws of the State of California.
26
14. SUCCESSORS AND ASSIGNS.
27
28
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.
4.
1 15.
HEADINGS.
2 The subject headings of the sections of this Agreement are included for the purposes of
3 convenience only and shall not affect the construction or the interpretation of any of its provisions.
4 16.
SEVERABILITY.
5 If any provision of this Agreement is determined by a court of competent jurisdiction to be
6 invalid or unenforceable for any reason, such determination shall not affect the validity or
7 enforceability of the remaining terms and provisions hereof or of the offending provision in any other
8 circumstance, and the remaining provisions of this Agreement shall remain in full force and effect.
9 17.
ENTIRE AGREEMENT; MODIFICATION.
10 This Agreement constitutes the entire agreement and the understanding between the parties,
11 and supercedes any other agreements and understandings relating to the subject manner of this
12 Agreement. This Agreement may be modified or amended only by a written instrument executed
13 by all parties to this Agreement.
14 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and
15 date set forth below.
16 Dated:
,2009
Dated:
,2009
17 CITY OF SAN BERNARDINO
"Y" TIRE SALES
18
19 By:
Charles E. McNeely
City Manager
By:
20
21
22 Approved as to Form:
James F. Penman, City Attorney
23
Br
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25
26
27
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5.
2008-392
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ATTACHMENT "1"
"Y"
TIRE SALES
GOODfiEAII
1941 Marianna Avenue' Los Angeles, California 90032
Telephone: (323) 223-1391 . Fax: (323) 222-3672
August 8, 2008
CITY OF SAN BERNARDINO
300 North "D" Street
4th floor, At1n: Deborah Morrow
San Bernardino, CA 92418
Re: Bid request F-09-01 for Tires - New and Recapped for Vehicles I
Equipment
Y Tire Sales, Inc. was incorporated in 1923. Our 35,000 square foot Commercial
Truck TIre Dept and Retread Plant in Los Angeles services all of Southern
California. We have serviced your city for over six years, with pick up and
delivery every Monday and Tuesday & emergency deliveries daily. We look
forward to many more years of servicing the City of San Bernardino.
Sincerely,
~~..j?~
~k M Shoemaker
General Manager
Y TIRE SALES, INC.
1941 Marianna Ave.
Los Angeles. CA 90032
PH 323 223 1391
FX 323 222 2372
CL 323 855 5443
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:lUUIl-392
'.
City of San Bernardino, Rnance Department
Purchasing Division
Bid Doeumeots to Be Returned
RFQ F..o9-o1
TIRES. NEW AND RECAPPED FOR VEHICLES I EQUIPMENT
Cooy of Contractor License III Bid Contenl and Fonns, Genenil Specmcation #35: instructions \0 Offerur(s)
/ Bid'ders
Bidder Exnerience, Competency, Qualification and Profile (Vendor Document) III
Propoull Eik(Eonlenl Form;
Non-Collusion Affidavit (City Form) Instructions 10 OffelOr(s)/B~",
LisURl! af PrBpasell gYBSBRtr:astar (City F er-m) III P",...oI : Bid C..lonla.d ,.AII.
Price Form (City Form) Inslnlctlons 10 Bidders, III BId Content and Forms
Authorized Signatures Instructions 10 Bidders
Bidder Identification III Bid Conlenland Fenns
Addendum Received III Bid Conlenl and Fonns
90 Day Bid Validity Statement III Bid Content .nd Forms
Authorized Signatures III Bid Content .nd Forms
References 1II~~~andFonns
Proper Identification and Submittal of Proposal/Bid Package, and Price Form
InstrUctions to Bidders
Bidders are reauested to submit this checklist comoleted with all bid documents.
:lUUts-j~:l
/
SECTION I.
INSTRUCTIONS TO BIDDERS
2008-392
I. INSTRUCTIONS TO BIDDERS
A. 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 RFO 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 RFOs.
for an undetermined period of time, the name of any Bidder for failure to
accept a contract, failure to respond to two (2) consecutive RFOs and/or
unsatisfactory performance. Please note that a "No Bid" is considered a
response.
B. Addenda
Any City changes to the requirements will be made by written addendum to this
RFO. Any written addenda issued pertaining to this RFO 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.
C. Clarifications
1. Examination of Documents
Should a Bidder require clarifications of this RFO, the Bidder shall notify
the City in writing in accordance with Section C.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 sent to all
persons who have requested the RFQ.
2. Submittinq Requests
a. All questions, clarifications or comments shall be put in writing and
must be received by the City no later than July 23, 2008, and be
addressed
City of San Bernardino
. 300 North "0" Street
4th floor, Attn: Deborah Morrow
San Bernardino, CA 92418
b. The exterior envelope of all requests for clartfications, 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.
3
ZUUIl-3Y2
The City will also accept questions sent by facsimile machines;
however, aD faxed questions must be received by the City no later
than the dale and time specified above. Send facsimile
transmissions to (909) 384-5043, attention: Deborah Morrow.
c. Inquiries received after 5:00 PM, PST, July 23, 2008, will not be
accepted.
3. City ResDonses
Responses from the City wiD be communicated in writing to all recipients
of this RFQ, and will be posted to the City's web page: www.sbcitv.or2. faxed,
or postmarked no later than the close of business on July 28, 2008.
D. Submission of Bids
1. Date and Time
All bids are to be submitted to City of San Bemardino, Attention: Deborah
Morrow. Bids received after 3:00 PM. PST Auaust 7. 2008, will be
rejected by the City as non-responsive.
2. Address
Bids shall be addressed as follows:
City of San Bernardino
300 N. "0" Street, 4th floor - Purchasing
San Bernardino, CA 92418.
Bids may be delivered in person to the Purchasing Division, 4th floor of
the above address.
3. Identification of Bids
Bidder shall submit a bid package consisting of:
a) one (1) signed original and one (1) copy, (including price
form) in a sealed envelope.
The bid package shall be addressed as shown above, bearing the
Bidder's name and address and clearly marked as follows:
"RFQ F"()9"()1:
Tires. New and Recapped for Vehicles I Equipment"
4. AcceDtance of Bids
4
LVVO-,J'L
a. The City reserves the right to accept or reject any and all bids, or
any lIem 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
contraci wiD be awarded to any Bidder responding to this RFQ.
c. The City reserves the right to postpone bid opening for lis own
convenience.
E. 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.
F. Contract Award
Issuance of this RFQ and receipt of bids does not commit the City to award a
Purchase Order. The City reserves the right to postpone bid opening for its own
convenience, to accept or reject any or all bids received in response to this RFQ,
and to negotiate with other than the selected Bidder(s) should negotiations with
the selected Bidder(s) be terminated. The City also reserves the riaht to
apportion the award amona two or more Bidders.
G. 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.
5
2008-392
,/
'.
SECTION II.
TECHNICAL SPECIFICATIONS
6
.cUU~-j!:l.c
City of San Bernardino
TECHNICAL SPECIFICATIONS
RFQ F.o9-o1
TIRES - NEW / RECAP FOR VEHICLES AND EQUIPMENT
NOTICE 'SPECIAL INSTRUCTIONS TO THE BIDDER"
Services:
Bidder shall complete right-hand column indicating brief reasoning for
exceptions to requirements when not acceptable. State "Acceptable" if
requirements are agreeable as set forth in left-hand column.
Equipment:
Bidder shall complete right-hand column indicating specific size and or
make and model of all components when not exactly as specified. State
"As Specified" if item is exactly as set forth in the left-hand column..
FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID
A. GENERAL ACCEPTABLE/AS
SPECIFIED
This specification describes the City of San Bernardino's
annual need for new, recapping, and repair of tires. All
materials used in the process of retreading and repairing
tires shall conform to specifications. Bidders must bid
for aU tires as the City desires one vendor for recaps,
new Oight) and new (heavy). All tires must be Goodyear
or Michelin. The sua:essful bidder shan insure Act"e R r/1 eL.:
availability of tires to support a minimum of thirty (30)
days of the City of San Bernardino's fleet operations,
specifically the Integrated Waste Management and
Police Fleets.
The City of San Bernardino as purchaser reserves the
right to reject any or all bids, to waive any informality in
bids. to accept in whole or in part such bid or bids and to
award the contract to other than the lowest bidder at its
discretion, as may be deemed in the best interest of the
purchaser.
B. RECAPPINGIRETREADING HEAVY DUTY TIRES
1. Require seamless cap with a Goodyear or Michelin
Mold type bonding process or equivalent SDlice in
tread area not acceotable.
7
2008-392
2- Tread rubber (mold cure) shall contain no less than
50% rubber hydrocarbons by weight Tread rubber
shall have a minimum of 25% and a maximum of
40% polybutadine, and have the following
minimum/maximum physical properties:
a. Tensile Strength (PSI) 2200
b. Elongation Percent 430 / 600
4CCEt? r/18l ~
c. Modulas at 300% 1100/1700
d. Hardness 60 170
e. Specific gravity 1105/1135
3. Tread Depth Requirements:
a. 26/32 deep standard rib /I Cc et? 17? (J t.:
b. 32/32 waste hauling lug
4. Tread Design:
a. Waste hauling lug ACt: & r? rA 6e.!:
b. Standard highway rib
5. Tread Width. The tread width used shaD be
determined by the requirements of the caSing. The A~c~/? -nt 4~c
maximum acceptable width shall be used unless
otherwise requested.
6. Curing Temperatures. All tires shall be cured at a
temperature not to exceed 300 degrees F. /1a.,.~ 'nflStC
-
7. Pick-up and Delivery. All tires for recapping and
repairs shall be picked up and deDvered to the Reet
Garage at 182 S. Sierra Way, San Bernardino on a /fcce"rn8~c
weekly basis. Alllires shall have one-week tum
around time.
8. Recapper shall perform nail hole repairs and section
repairs at no additional cost to the City. /I~t:<t('> r~4~ er
9. Recapped tires shall be branded using a City of San
Bernardino code to indicate number of times
recapped and serial number for tire tracking. Acccf1rAf3Lc
10. Disposition of aD tires picked up shall be identified on
appropriate invoice. Tires not recappable shaD be II Cc.t& f1 rlf" L e
identified as to reason and returned as RAR.
8
2008-392
11. Below is a partial listing of tires presently being
purchased/recapped. Quantities are approximate
and no guarantee is made as to the actual quantities
to be purchased.
Tire Size and Annual Usage 4ce~/?r4'3tc
Tire Size OTY
315180R22.5 REAR RECAP ONLY-lUG TREAD 911
315/BOR22.5 RECAP STEER CERTIFIED 134
12. Successful bidder wiD insure that they maintain a
minimum of 30 days stock of tires required to "'Cc.tE~ mete
support the City of San Bernardino Fleet operations.
C. NEW TIRES - UGHT AND HEAVY EQUIPMENT
1 . PatrollPursuit Tires shall be certified as such by the
manufacturer and be currently certified for use by ~
either the California Highway Patrol or Los Angeles /fee. ~~ 7718't:
County Sheriff.
2. Police pursuit tires will be the same OEM brand of
tires supplied with vehicle (Ford Crown Victoria). /lec.e/? 7i148t.e:
3. All passenger car tires shall have a minimum 75,000
mile rating. Ace.crF? rnl!lt::
4. New heavy equipment tires shall be branded using
the City of San Bernardino numbering system to A cc. t!'r'~ 7'11 a'E
indicate serial number and manufacturer date.
D. TIRE WARRANTY AND FAILURE ADJUSTMENTS
1. Tires faning before 25% of original tread is worn
shall be refunded althe full tread cost ;( Ce. G t'? r;l<rLC
2. Tires faning beyond the 25% shall be adjusted on a
pro-rated basis based on remaining tread. /lcc.ct'?T"l18Lc
E. UABIUTY INSURANCE
The contractor shall furnish evidence of general
product 6abnity insurance in the amount of $2.000,000. Ace. ~ p T74 8i. r:
A certificate of insurance shall accompany the quote.
9
SECTION III.
BID CONTENT AND FORMS
10
lUUIl-3Yl
,.
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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 120 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. ExceDtionsfDevlations
State any exceptions to or deviations from the requirements of this RFQ,
stating "technicar 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 simUar nature; demonstrated competence in the services to be provided;
strength and stability of the firm; staffing capabiflty; work load; record of
meeting schedules on similar projects; and supportive client reference.
11
lUUlS-.:l~l
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 as related to
experience; reference shall include 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
Information 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 lackina copies and/or proof of
said licenses anellor certifications mav 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.
I.
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, win 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 wlll be taken on full amount of
invoice, unless other charges are itemized and discount thereon is disallowed.
12
LUUt\-jYL
Freight terms shall be F.O.B. Destination, Full Freight Allowed, unless otherwise
specified on price form.
13
20U8-392
PRICE FORM
REQUEST FOR QUOTES: RFQ F-09-01
DESCRIPTION OF RFQ: Tires - New and Recapped for Vehicles / Equipment
BIDDER'S NAME/ADDRESS: Y 7"i1Z~ ~Al.e' 11Ie.
1i:11{1 8Afl.IAHNIlA"~
~/).; I9/t1CEtiFS 1:"04 9~32.
NAMEI TELEPHONE NO. OF
AUTHORIZED REPRESENTATIVE J"'~ 1<' H SH/)~/YI9IL.:/Z.
32:3 %2~ 1"$9/
(See Next Page)
14
PRICE FORM (continued)
List includes Tire Size, Annual Quantity, and Application (Le. Light Vehicle, Heavy
Vehicle, and Other.) Quantities are approximate, and no guarantee is made as to
the actual quantities to be purchased.
CITY TIRE SIZE FY 08/09 COST
PART ESTIMATED PER
NUMBER USAGE TIRE
21-020 6
21-021 7
21-029 12
~(".~~
21-030 4
~.93
21-031 15
3'1. ~~
21-032 8
21-033 P 205165R15 STANDARD LOAD HWY 20
co . ~()-2(
21-034 P185f7OR14 STANDARD LOAD HWY 16
,.$"1
21-035 26
&1.,;"3
21-036 40 .
'D' "II(
21-038 7
.Ft.
21-039 29
.U
21-044 16,
'18
21-046 8
21-048 65
I. t.
21-049 410
71>-
21-050 362
21-055 18
{.1. C,
21-060 12
n #kiF . '1 {,
15
LUU~-j~L
.lUUO--'~.l
21-061 L T245175R16 10 PLY ALL POSITION 110 "
II( c 12 .. "1-'-:5
21-067 L T235185R16 10 PLY ALL POSITION 82
l
21-068 L T215fB5R16 8 PLY ALL POSITION 40
~ I: 'R /.oc.
21-116 RECAP 315/80R22.5 REAR (REFUSE LUG) 911
GooD _..It. (it 7 'il{
21-117 255170R22.5 12
G.DO D ""'IZ I 9 V(I{.50
21-119 RECAP31~0R22.5FRONT(STEER 134
CERTFD N''''''''Ii,ul6.''' wN It '" "':.l'-
21-125 NEW 315/80R22.5 20 PLY HSS 60
GDOD .; :ze.1 H~$ .,,0
21-126 NEW 9R22.5 12 PLY ALL POSITION 20
zo .75
21-128 39
21-129 12
21-130 8
2509
MINIMUM TREAD DEPTH FOR ALL HEAVY
DUTY RECAP (LUG STYLE) TIRES IS
32132nds.
ANNUAL PURCHASE ORDER
Effective on or about September 1, 2008 through July 30, 2009 plus four (4) single year
options, for City's partial requirements, on an as-needed basis, with no guaranteed usage.
Option year one, if exercised, shall be effective July 1, 200S through June 30, 2010.
Option year two. if exercised, shall be effective July 1, 2010 through June 30, 2011.
Option year three, if exercised, shall be effective July 1, 2011 through June 30, 2012.
Option year four. if exercised, shall be effective July 1, 2012 through June 30, 2013.
Prices may be adjusted annually (on the day the contract was signed by the City of San
Bernardino and the vendor). Under no circumstances will adjustments in the fees exceed five
(5) percent per additional period. Vendor must provide the City 60 (sixty) day written
notification of any proposed price increase. Price increases shall become effective 30 (thirty)
days after the City receives written notification of such increases. Vendor must also pass on
any decreases jn the same way.
16
lUUtl-j~l
CITY OF SAN BERNARDINO
BID SPECIACATION NO.
F-G9-01
7101108 - 6I3OID9
Y TIRE SAlES INC.
PART # PRODUCT CODE SIZE DESCRIPTION CURRENl COMMENTS
AUTO PRICE
2Hl29 4112 705 436 P205I75R15 GOODYEAR INlERGfTY $48.46
21-030 780064404 P195165R14 GOODYEAR ULTRA GRIP $56.93
21-031 4112 827 047 P195170R14 GOODYEAR INlERGfTY $39.66
21-032 4112 211 436 P2D5nOR14 GOODYEAR INTERGfTY $36.58
21-033 402406 4n P205J65R15 GOODYEAR INTERGfTY $50.21
21~34 402 102 4n P185170R14 GOODYEAR INTERGITY $36.51
21-035 4112 645 436 P19sn5R14 GOODYEAR INTERGITY $39.53
21~36 187 359 026 P21snOR14 GOODYEAR REGATTA 2 $50.94
21-038 766 387 405 P155180R13 GOODYEAR ULTRA GRIP $38.16
21-039 4112 26B 047 P17snOR14 GOODYEAR INTERGfTY $35.61
21~ 402431436 P21snOR15 GOODYEAR INTERGfTY $48.59
21-046 732 807 500 P235nOR15 GOODYEAR EAGLE RSA $74.11
21-046 732 47.8 500 P225nOR15 GOODYEAR EAGLE RSA $71.92
21~9 732 354 500 P22516llR16 GOODYEAR EAGLE RSA $70.36
21~50 732 002 500 P235155R17 GOODYEAR EAGLE RSA $97.00
21~0 736 276 285 P21516llR16 GOODYEAR ASSURANCE $63.76
UGHT TRUCK
21-055 744 826 802 LT235175R15 GOODYEAR WRANG RSA $61.26
21~1 749 353 434 LT24sn5R16 GOODYEAR WRANG RTS $97.53
21~7 744 725 502 LT2351B5R16 GOODYEAR WRANG HTS $102.19
21-Cl68 749 821 060 LT215185R16 GOODYEAR WRANG RTS $91.06
MEDIUM RADIAL
21-117 756 780 519 25sn0R22.5 GOODYEAR G169 $244.30
21-126 138311186 GOODYEAR G149 GOODYEAR G149 $203.75
21-128 138 179919 GOODYEAR G149 GOODYEAR G149 $294.34
21-129 756 246 567 GOODYEAR G114 GOODYEAR G114 $166.65
21-130 139418053 GOODYEAR G647 GOODYEAR G647 $217.82
SPECIALTY
21~0 3104985795 31X13.5X15 CARlISLE TURF /FRONT $198.75
21~1 303 455 294 5 23X10.50X12 NANCO 4 PL YTURF $52.45
RETREADS
21-119 256 760 1 B8 315180R22.5 REFUSE RIB 24132 $145.26
21-116 254 096 072 315180R22.5 GDYRG177LUG 32132 $178.94
RETREAD PRICES INCLUDE ALL REPAIRS
I I. I
I I I
lUUts-j~l
Actual option year pricing shall be negotiated with the successful Bidder(s) prior to exercising
of any given option year. Option years shaD 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
~ in order to meet the requirements of the Technical Specifications? Yes I
~ (circle one). If you answered "Yes", please provide detail of said additional
costs:
Please indicate any elements of the Technical Specifications that cannot be met
by your firm.
No"'~
Have you included in your bid all informational Items and forms as requestediY~
I No (circle one). If you answered "No", please explain:
This offer shaD remain firm for 120 days from RFQ close date.
Terms and conditions as set forth in this RFQ apply to this bid.
Cash discount allowable % C days; unless otherwise stated, payment terms
are: Net thirty (30) days.
In signing this bid, Bidder warrants that aD 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.
17
L.UUts-",~L.
Verification 'Of Addenda Received
Addenda No:
Addenda No:
Addenda No:
Received on:
Received on:
Received on:
AUTHORIZED SIGNATURE: 9-L m7 c-P~
PRINT SIGNER'S NAME AND TITLE:
--1ALK. H <HbEMAkEtz.
CJ I!;:.c/.€/ZAL NJIf;./A{; ~,z.
DATE SIGNED: p:? / 7/ oA
COMPANY NAME & ADDRESS: Y 711Z.€ <' A.t.E<; . nlC.
/qql MA~("'Nu;(l#c
~ /I,</t:'EL~~. CA <?AC>f 2.
PHONE: 32'? 22. 3 /-gql
FAX: 3Z3zzZ -;;'7~
EMAIL: Yn/u.-.JI1Cl.! d>Aot..CoN
IF SUBMITTING A "NO.BID", PLEASE STATE REASON(S) BELOW:
18
:!UUll-:JYl
"
NON. COLLUSION AFFIDAVIT
TO: THE COMMON COUNCIL, CITY OF SAN BERNARDINO
In accordance with Title 23, United States Code, Section 112, the undersigned
hereby slales, 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.(J9.(J1.
Business Name y TI fZ- E. 5/9t.C> I /<Ie.. .
Business Address 1"1#1 HlfrlJAJ./J./A Aur.: ~"J.I~L.C~
Signatureofbidder~~ ~
22~" CH?f-nol)A/N'4./ nf7. P/4ffo#c> 84~
Place of Residence .
Subscribed and sworn before me this :)4-'" day of ~t.c,t . 200~
Notary Public in and for the County of P-'l'v.o.rs ~ , State of
California.
My commission expires
Ck./!.. 'i r "2...OVl!)'
.20~.
,1.' QI!lS1Wl9 SIWIE ICPItERSIIII~
ffi .o~~1Il
~ -CooIIr-
IIJ Co-. iJIiu IIoc. ~lOIl 1
c.L--:...,Q.,
~~
19
2008-392
SECTION IV.
GENERAL SPECIFICATIONS
20
lUUIl-jn
,
GENERAL SPECIFICATIONS
1. Each bid shaD be in accordance with Request for Quotes (RFQ) Number F..o9-01. All specificalions
are minimum. Bidden; are expected to meet or exceed these specifications as written. Bidder shan
attach to their bid a complete detaned itemization and explanation for each and every deviation or
variation from the RFQ specifications and requirements. Conditional bids, or those that take
exceplion to the RFQ specifications and requirements, may be considered non-responsive and may
be rejected.
2. The City reserves the light to accept or reject any and aD bids and to award a contract 10 the bidder
whom best meets the City's requirements. This may include waiver of minor irregularities or
discrepancies, or nonconfonnity 10 speclficalions in appropriate circumstances. Purchase shaD be on
a best buy basis after due consideration of all relevant factors, including but nollimited to,
wollemanship, aa:essibllity of parts and service, known evidence Of manufacturer's responsibility and
record, durability and known operational record of product and suilabUily as well as conformity to City
needs and requirements. In all cases the best intBleSt Of the City shall prevaU 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 shaD be firm offers, subject to acceptance or rejection within 120 days of the opening thereof.
5. Regular dealer. No bidder shaD 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!!e! 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 detan to clearly describe the equipment,
materials and parts offered.
8. Manufacturer anellor Contractor shall defend any and aD suits and assume allliabifity for any and all
. claims made againslthe City Of San Bemardino, or any of its officials or agents for the use of any
patented process. device or article forming e part of equipment or any item furnished under the
contract.
9. Each bidder must stale in their bid the guaranteed detivery date of produclandlor services in number
of calendar days from the date Of contract execution by the City of San Bemardino, time is of the
essence relative to this contract. Contractor shall prosecute the wolle continuously and dUigently and
shall derIVer the items at the earliest possible date following the award of the contract.
10. Each bidder shaD fist in their bid all factory, manufacturer's and/or dealer's warranty andlor guarantee
coverage and shaD submft such written documents evidencing the same attached to the bid.
11. Successful bidder(s) (Contractor) shaD furnish and deliver to the City complete equipment as bid and
awarded, ready for instanation and fully equipped as detaned in these specifications.
12. Price shall be quoted F.O.B. San Bemardino (an transportation charges shall be fuDy prepaid), and
shall include aD discounts. Bid shall include Califomia sales tax, where applicable, computed at the
rate of 7.75%, and an additional City of San Bernardino Transaction and Use Tax computed at
the rate of 0.25'4 where applicable (this will normally be shown as a separate line item on the price
form).
13. City shaD 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 fumishing bids under these specifications
shaD supply aD 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 fumish the City must comply in all respects with the
appropriate safety regulations Of all regulatory commissions Of the Federal Government and the Slate
of Califomia, whether such safety features andlor items have been specifically outlined in these
specifications or not.
16. Contractor deflV8ring equipment pursuant to these RFQ specifications shall guarantee that equipment
meets specifications as set forlh herein. If II is found lhal equipment delivered does not meet
requirements of these specifications the Contractor shall be required to correct the same at their own
-expense,
21
:WUIl-3n
I.
17. By submitting a bid, each bidder agrees that in the event complete delively is not made within the lime
or limes set forth pursuant to this specification, damage will be sustained by the City, and that It is,
and will be impracIicaJ 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 deflVery 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
defivery may be extended ~n 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 Bernardino. The City shaD not unreasonably refuse such extension.
19. Contract. Each bid shaR 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 fumish and deliver at the prices bid and in
complete accordance with all provisions of RFQ No. F-G9.o1. In most cases the basis of award will be
the City's standard purchase order that mayor may not incorporate this solicitation by reference.
10. Prohibited interest No member, officer, or employee of the City or of any agency of the CIty during his
tenure or for one yur thereafter shall have any interest, cfJrect or indirect in this contract or the
proceeds thereof. Furthennore, the parties hereto covenant and agree that to their knowledge no
board member, officer or employee of the City has any interes~ whether contractual, non-contractual,
financial or otherwise, in this transaction, or in the business of the contracting party olherthan the City,
and that if any such interest comes to the knowledge of either party at any lime, a fuD and complete
disclosure of aD 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
Stale of California.
11. One Document These specifications, the notice inviting bids, RFQ F.o9-01 , the Contractor's bid, any
written agreement executed by the parties, the purchase order and aU documents referred to in the
complete specifICations and purchase order, end aD 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 aIL Anything necessary to complete the work properly
shall be perfonned by the contractor, whether specifically set out in the contract or not All sections of
the specifications shall be read as constituting e whole and not as an aggregation of individual parts,
and whatever is specified in one section shall be construed as applying to all sections.
11. 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 dale of mailing of the City check. NOTE: prompt payment discounts wDl only be
used during bid evalumon In the case of ties.
24. Inquiries. Direct ell inquiries to Deborah Morrow at 909-384-5066. Technical questions mey be sent
via fax to 909-384-5043. The answers to material questions wID be provided to all potential bidders.
25. BidlPrice fonns. No bid wiD be acceptable unless prices are submitted on the pricing fonns 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, 4" Floor, City HaR, San
Bernardino, California 92418. CLEARLY MARK THE RFQ SPECIFICATION TITLE "TIRES. NEW
AND RECAPPED FOR VEHICLES I EQUIPMENT" AND NUMBER F-09-o1 ON THE OUTSIDE OF
THE ENVELOPE.
16. Time. AD bids must be received in the Purchasing Division no later than 3:00 PM, PST, August 7,
2008, where at such time and seld 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 alter that time and date specified shaD NOT be considered.
17. The City of San Bemartlino reserves the right at its own discretion to award separate contracl$ for
each category, or lD award multiple contracts, or to award one contract for fumishing and delivering of
all equipment and/or services in all categories.
18. Equipment In the purchase of equipment, Contractor shaD be reqUired to fumish one (1)
OPERATORS MANUAL and one (1) PARTS MANUAL for aD equipment bid.
29. In submitting a bid.to a publiC purchasing body, the bidder offers and agrees that if Ihe bid is accepted,
it wiD assign to the purchasing body all rights, title, and interest in and to aU causes of action it may
have under Section 4 of the Clayton Act (U.S.C; See 15) or under the Cartwright Act (Chapter 2,
22
2008-392
commencing with Section 16700 of Part 2 of Division 7 of the Business and Professions Code),
arising from pul1:hases of goods, materials, or services by the bidder for sale to the purchasing body
pun;uant 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 shaD indemnify, defend and hold City, its officers, employees and agents harmless from
any claim, demand, Uabillty, suit, judgment or expense (inclucfll1g, 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 applywhere injury to persOn or properly is
caused by City's willful misconduct or sole negrrgence. 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 "attomey's fees" for the purposes of1hls paragraph.
31. WhRe not restricting or limiting the foregoing, during the term of this Agreement, Contractor shall
maintain In effect p06cies of comprehensive pubrlC, general, and automobile f1abUIty Insurance, in the
amount of $1.000,000 combined single rllT1it, and statutory worker's compensation coverage, am! shall
file copies of said policies with the City's Risk Manager prior to undertaking any work under this
Agreement The policies shall name the City as an addltional insured and shall provide for ten (10)
day notifICation to the City if said policies are terminated or materiaUy altered.
~ FAITHFUL PERFORMANCE BOND / BID BOND. Not reaulred. The CennGlor will Be f.~uired te
fuFRish a Bast:aier's sReak. seFtified shesl. sr faithful pSReFFRaAS8 hQ'R~ .1 bid beRd ffeade payaBle ta tR8
C~ a.f gaR IiBRUil=EliRB in an 8FAawRt Bqwal tEa 10Q.':{ ! 10'1(. 9f tAe bid pRee t9 iRSYFe tAB SBAA;tert
faithful PSFfBFmBRG8 sf tRia esRUast. gai~ &uFetj. eRaD be SytljlBt te the apPF9's gf lAe C~. gf iaR
ieFRaFdme, beRgS s~all ~s in 86G9Rl1aR&e '.oAth OFelin.Rae Hs. 821, aeatiBR 2"00, BAB DIe CBr:pSFatiBR
iG6UiRg lais BeAd ERalf kave B FSfiR8 ill 8_-1 FRast FB8ent iR6YFBJ1;e gl:lide 9f ..~. sr t.EKtSF.
33. Written contract documents, duly euthorized and signed by the appropriate authority, constitute the
complete and entire agreement(s) that may result from the RFO.
34. City may, at its discretion, exercise option year renewals for up to 4 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 5COpe end specifications of this RFO are currenUy
held by bidder, and are va6d and In fuD force and effect. Copies or legitimate proof of such licensure
andlor certification shall be included in bidder's response. Bids lacklna cooies and/or oroot of said
licenses and/or certifications may be deemed non-resoonsive and may be reiected.
36. Once the awtud has been made end prior 10 ~ commencement of the job, the City's Municipal Code
M.C. 5.04.005) requires that a Business doing business with the City, oblain and Maintenance a valid
City Business Registration Certificate during the terms of the Agreement
23
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