HomeMy WebLinkAbout07.U- Public Works RESOLUTION(ID# 1876) DOC ID: 1876 B
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Agreement/Contract
`✓ From: Jim Smith M/CC Meeting Date: 07/02/2012
Prepared by: Tony Lugo, (909) 384-5140
Dept: Public Works Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the
Execution of an Agreement and Purchase Order with the Safeway Sign Company for the
Purchase of Traffic Signs for Repair, Removal and Replacement of Damaged, Faded and
Vandalized Signs and New Installation of Signs Located Throughout the City of San Bernardino.
Financial Impact:
Account Budgeted Amount: $ 230,100.00
Account No. 001-400-0026-5111
Account Description: Materials and Supplies
Balance as of: June 11, 2012
Balance after approval of this item: $ 130,100.00
Please note that this balance is the requested amount for FY 12/13. The Traffic Engineering
budget will be adjusted accordingly once the FY 12/13 budget is approved by Mayor and
Common Council.
Motion: Adopt Resolution.
Synopsis of Previous Council Action:
02/21/12 Rejected bids for RFQ F-12-03.
Background:
The Public Works Department is responsible for the installation and maintenance of traffic signs
throughout the City. An outside vendor supplies the vast majority of the traffic signs that are
installed by City staff. The City does not currently have a contract with a vendor to provide
traffic signs and related materials.
On April 7, 2012, a formal bidding process was initiated to solicit bids for sign materials and
Updated:6/282012 by Heidi Aten B Packet Pg. 1703
7.0
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supplies. The Request for Quotes (RFQ) package requested a unit price and a total price for
signs and materials. Notice of the RFQ was e-mailed to the Chamber of Commerce, posted on
the web, printed in the local newspaper, and sent to seventeen (17) vendors. Three (3) vendors
responded and the following is a summary of the bids received, based upon annual estimated
quantities:
VENDOR NAME QUOTE AMOUNT
Myers&Sons Hi-Way Safety,Chino Ca. $ 136,722.60
Zumar Industries, Santa Fe Springs Ca. $ 107,190.00
Safeway Sign Company, Adelanto Ca. $ 92,826.00
Safeway Sign Company submitted the lowest quote for the purchase of signs and sign materials,
based upon estimated annual quantities, and staff recommends that the Mayor and Council award
Safeway Sign Company the contract with the City. Staff also recommends that the Mayor and
Council authorize the execution of a vendor service agreement and a purchase order in the
amount of $100,000.00 with Safeway Sign Company to provide signs and sign materials,
including additional signs and sign materials to the City.
City Attorney Review:
Suoyorling Documents:
Bid Summary Sheet (PDF)
reso 1876 (PDF)
agrmt 1876 (PDF)
Attachment-1 (PDF)
Updated:6/28/2012 by Heidi Aten B -
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1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
3 AND PURCHASE ORDER WITH THE SAFEWAY SIGN COMPANY FOR THE
4 PURCHASE OF TRAFFIC SIGNS FOR REPAIR, REMOVAL, AND
REPLACEMENT OF DAMAGED, FADED AND VANDALIZED SIGNS, AND NEW
5 INSTALLATION OF SIGNS LOCATED THROUGHOUT THE CITY OF SAN m
BERNARDINO. E
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
7 CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Safeway Sign Company submitted the lowest bid in response to a
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10 Request for Quotes (RFQ) for the purchase of traffic signs and related materials needed for m
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11 the repair, removal, and replacement of damaged, faded and vandalized signs, and new a
12 installation of signs. The City Manager is hereby authorized to execute on behalf of the City 0
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an Agreement between the City of San Bernardino and the Safeway Sign Company, a copy of N
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14 which is attached hereto, marked Exhibit"A"and incorporated herein, d
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SECTION 2. The Purchasing Manager is hereby authorized to issue a purchase order
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17 to Safeway Sign Company in the amount of $ 100,000.00. The Purchase Order shall
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18 reference this Resolution and shall read, "Safeway Sign Company for sign materials." The 2
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19 Purchase Order shall not exceed $ 100,000.00 and shall incorporate the terms and conditions
20 of the attached Agreement. The Agreement and the Purchase Order may be administratively
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extended up to four(4)additional years with annual one-year extensions.
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23 SECTION 4. The authorization to execute the above-referenced Agreement and u
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24 Purchase Order is rescinded if it is not executed within sixty (60) days of the passage of this
25 Resolution.
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MON
7:Ub
I RESOLUTION ... AUTHORIZING THE EXECUTION OF AN AGREEMENT
AND PURCHASE ORDER WITH THE SAFEWAY SIGN COMPANY FOR THE
2 PURCHASE OF TRAFFIC SIGNS FOR REPAIR, REMOVAL, AND
REPLACEMENT OF DAMAGED, FADED AND VANDALIZED SIGNS, AND NEW
3 INSTALLATION OF SIGNS LOCATED THROUGHOUT THE CITY OF SAN
4 BERNARDINO.
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor a
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and Common Council of the City of San Bernardino at a meetin g 'w
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thereof,held on the_day of 2012,by the following vote,to wit: o'
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9 Council Members: AYES NAYS ABSTAIN ABSENT
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10 MARQUEZ u
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11 JENKINS a
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VALDIVIA a
13 R
(� 14 SHORETT
15 KELLEY N
16 JOHNSON
17 MCCAMMACK N
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20 Georgeann Hanna, CiCl Clerk
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The foregoing resolution is hereby approved this day of 20 t2. °
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Patrick J. Morris, Mayor x
24 City of San Bernardino a
25 Approved as to form:
JAMES F. PENMAN,
26 City Attorney
27 By:
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1 Exhibit A
2 VENDOR MATERIALS PURCHASE AGREEMENT
3 This Vendor Materials Purchase Agreement is entered into this _ day of
4 2012, by and between the Safeway Sign Company ("Vendor") and the City of San
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Bernardino ("City").
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7 WITNESSETH: o
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8 WHEREAS, the Mayor and Common Council has determined that it is advantageous
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9 and in the best interest of the City to purchase traffic sign materials and related items; and
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10 WHEREAS, the City did solicit and accept quotes from available vendors for traffic E
11 sign materials and related items; and,
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WHEREAS,Vendor is the lowest bidder to provide said materials to City; 0.
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14 NOW, THEREFORE,the parties hereto agree as follows: °
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15 1. SCOPE OF PRODUCTS AND MATERIAL.
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or the remuneration stipulated, the City hereby engages the Vendor to provide those
17 products and materials in accordance with the Technical Specifications as set forth in
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Attachment "1" attached hereto and incorporated herein. `o
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20 2. COMPENSATION AND EXPENSES.
21 a. For the products and materials delineated above, the City, upon presentation of an
22 invoice, shall pay the Vendor up to the amount of$100,000.00, for the purchase of m
23 traffic sign materials and related items. d
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b. No other expenditures made by Vendor shall be reimbursed by City.
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1 3. TERM; TERMINATION.
2 The term of this Agreement shall be for a period of one year from July 1,2012 to June
3 30, 2013. The City reserves the right to extend this annual contract up an additional four(4)
4 years with annual one-year extensions with the mutual consent of both parties.
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This Agreement may be terminated at any time upon thirty (30) days' written notice
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by either party. The terms of this Agreement shall remain in force unless amended by written O
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8 agreement of the parties executed on or before the date of expiration of the current term of the
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10 4. INDEMNITY.
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11 Vendor agrees to and shall indemnify and hold the City, its elected officials, employees, a
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agents or representatives,free and harmless from all claims,actions,damages and liabilities of v
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any kind and nature arising from bodily injury, including death, or property damage, based or in
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15 asserted upon any actual or alleged act or omission of Vendor, its employees, agents, or d
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subcontractors, relating to or in any way connected with the sale of the products or materials
17 to the City under this Agreement,unless the injury or property damage was actually caused by
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the sole negligence of the City, its elected officials, employees, agents or representatives. As `o
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20 part of the foregoing indemnity, Vendor agrees to protect and defend at its own expense, It
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21 including attorney's fees, the City, its elected officials, employees, agents or representatives
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22 from any and all legal actions based upon such actual or alleged acts or omissions. Vendor 0
23 hereby waives any and all rights to any express or implied indemnity against the Ci
24 ty, its
elected officials, employees, agents or representatives, with respect to third party claims
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26 against the Vendor relating to or in any way connected with the sale of the products or
27 materials to the City under this Agreement.
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1 5. INSURANCE.
2 While not restricting or limiting the foregoing, during the term of this Agreement,
3 Vendor shall maintain in effect policies of comprehensive public, general and automobile
4 liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
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worker's compensation coverage, and shall file copies of said policies with the City's Risk
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Manager prior to undertaking any work under this Agreement. City shall be listed as an O
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8 additional named insured in each policy of insurance provided hereunder. The Certificate of
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9 Insurance furnished to the City shall require the insurer to notify City of any change or
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10 termination in the policy. Insurer shall give City thirty (30) days'written notice prior to the E
11 enactment of any change or termination of the policy.
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13 6. NON-DISCRIMINATION.
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14 In the performance of this Agreement and in the hiring and recruitment of employees, in
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.-°- 15 Vendor shall not engage in, nor permit its officers, employees or agents to engage in, m
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discrimination in employment of persons because of their race, religion, color, national origin,
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ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender
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or sexual orientation, or any other status protected by law. co_
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20 7. INDEPENDENT CONTRACTOR.
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21 Vendor shall perform work tasks provided by this Agreement, but for all intents and
22 purposes Vendor shall be an independent £
pure ependent contractor and not an agent or employee of the City.
23 Vendor shall secure, at its expense, and be responsible for any and all payment of Income
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24 U 25 Tax, Social Security, State Disability Insurance Compensation, Unemployment a
26 Compensation, and other payroll deductions for Vendor and its officers, agents, and
27 employees, and all business licenses, if any are required, in connection with the services to be
28 performed hereunder.
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2 S. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
3 Vendor warrants that it possesses or shall obtain and maintain a business registration
4 certificate pursuant to Title 5 of the Municipal Code, and any other licenses, permits,
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qualifications, insurance and approval of whatever nature which are legally required of
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7 Vendor to practice its business or profession, o
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8 NOTICES. L
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9 Any notices to be given pursuant to this Agreement shall be deposited with the United
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10 States Postal Service, postage prepaid and addressed as follows: `m
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TO THE CITY: City Engineer
12 300 North "D" Street 4
San Bernardino, CA 92418 6
13 Telephone: (909) 384-5140
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14 TO THE VENDOR: Safeway Sign Company
15 9875 Yucca Road v
Adelanto, CA 92301 N
16 Telephone: (800) 637-7233 x 2227
17 Contact: Danny Padilla
18 9. ATTORNEYS' FEES. i
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19 In the event that litigation is brought by any party in connection with this Agreement,
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the prevailing party shall be entitled to recover from the opposing party all costs and
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expenses, including reasonable attorney fees, incurred by the prevailing party in the exercise E
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23 of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions
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24 or provisions hereof The costs, salary and expenses of the City Attorney and members of his z
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25 office in enforcing this Agreement on behalf of the City shall be considered as "attorney fees" a
26 for the purposes of this paragraph.
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2 10. ASSIGNMENT.
3 Vendor shall not voluntarily or by operation of law assign, transfer, sublet or
4 encumber all or any part of the Vendor's interest in this Agreement without City's prior
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written consent. Any attempted assignment,transfer, subletting or encumbrance shall be void
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and shall constitute a breach of this Agreement and cause for the termination of this C
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8 Agreement. Regardless of City's consent, no subletting or assignment shall release Vendor v
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9 from performing Vendor's obligations under this Agreement. v
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10 11. VENUE.
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The parties hereto agree that all actions or proceedings arising in connection with this
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Agreement shall be tried and litigated either in the State courts located in the County of San u
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14 Bernardino, State of California or the U.S. District Court for the Central District of California, m
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15 Riverside Division. The aforementioned choice of venue is intended by the parties to be m
16 mandatory and not permissive in nature. w
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17 12. GOVERNING LAW. aD
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This Agreement shall be governed by the laws of the State of California.
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20 13. SUCCESSORS AND ASSIGNS.
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21 This Agreement shall be binding on and inure to the benefit of the parties to this
22 Agreement and their respective heirs,representatives, successors,and assigns. W
23 14. HEADINGS. d
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The subject headings of the sections of this Agreement are included for the purposes of ys
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26 convenience only and shall not affect the construction or the interpretation of any of its
27 provisions.
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1 15. SEVERABILITY.
�. 2 If any provision of this Agreement is determined by a court of competent jurisdiction
3 to be invalid or unenforceable for any reason, such determination shall not affect the validity
4 or enforceability of the remaining terms and provisions hereof or of the offending provision in
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any other circumstance, and the remaining provisions of this Agreement shall remain in full
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16. ENTIRE AGREEMENT; MODIFICATION, a'
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This Agreement constitutes the entire agreement and the understanding between the W
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11 pees, and supersedes any prior agreements and understandings relating to the subject E
12 manner of this Agreement. This Agreement may be modified or amended only by a written a
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13 instrument executed by all parties to this Agreement.
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1 VENDOR SERVICE AGREEMENT
2 SAFEWAY SIGN COMPANY
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4 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and
5 date set forth below.
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7 Dated: 2012 Safeway Sign Company o
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8 By' v
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9 Name/Title: a
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Dated 2012 City of San Bernardino
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13 By: c
Andrea Travis-Miller
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14 Acting City Manager °
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Approved as to form- m
16 James F. Penman, City Attorney U'
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BY
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ATTACHM
RCO 11�-14
Tmllic Sins
City of San Bernardino
TECHNICAL SPECIFICATIONS
RFQ F42-14
TRAFFIC SIGNS
NOTICE: "SPECIAL INSTRUCTIONS TO THE BIDDER" v
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The Public Works Department, Operation & Maintenance Division, is responsible for o
traffic signs in the City. Traffic signs that are damaged, lost or stolen must be replaced r
to insure the safety of the traveling public. The intent of this document is to solicit
proposals from qualified VENDORS with experience in providing traffic signs. The City a'
is looking for the most responsive and responsible VENDOR that will be committed to
provide the City of San Bernardino with traffic signs. Through a competitive R
qualification and bid based procurement process, the City of San Bernardino intends to d
enter into an agreement with a qualified VENDOR for traffic signs. E
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Services: Bidder shall complete right-hand column indicating brief reasoning for a
exemptions to requirements when not applicable. State "Acceptable" if 0.
requirements are agreeable as set forth in left-hand column. U
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' Description: The City of San Bernardino Public Works Department is taking bids for
manufactured traffic signs and sign faces. Effective from date of award d
through June 30, 2012, with four (4) one-year extensions at the City's
option. n
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FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID
CATEGORYI ACCEPTABLE/A$ SPECIFIED v
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1, SCOPE
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A. All sheeting's must match components for each a
sign or sign face made.
B. Delivery charges are included with every sign E
order and should be reflected in each line items
bid on bidding sheet. a
C. All signs and sign faces ordered will have graffiti m)
overlay.
D. All pricing is guaranteed for one year from date
of award of contract.
E. VENDOR will supply Public Works Department
with signs and supplies during the ensuing fiscal
year(s). The signs ordered shall be available to
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RFQ F-1--14
I roRk Signs
the Department within ten working days from
date of order, no exceptions. If sign order is not
received within the ten working days, the order Cc'-'L
can be refused at manufacturers' expense.
F. The price quote shall be for Fiscal Year 2012-
2013.
G. All quotes shall be on the form provided by the CC L3-bt—r
Public Works Department.
H. All signs must have date and manufacture
screen printed in right hand corner in '/4 inch letters-0
I. Default: The City of San Bernardino, by written y
notice of default to the VENDOR, may terminate r
the whole or any part of the contract in any one
of the following circumstances: A) If the a
VENDOR fails to make delivery of the supplies R
or signs specified in the contract and on time RCC 2�[zR�L�
B) If VENDOR fails to perform any of the E
provisions of this contract, and fails to remedy
the situation within a period of five days after a
receipt of notice.
J. In the event the City of San Bernardino
terminates this contract in whole or part, the City
may procure supplies or services similar to those
terminated, and VENDOR shall be liable to the
City for any excess cost for such similar d
supplies, signs, or services. y
K. The base metal shall be new aluminum single-
sheet stock of alloy 6061-T76 or 5052-1-138,
conforming to ASTM Specification: 8209-02;
shall be free of all corrosion, white rust, and dirt.
Unless ordered otherwise, thickness shall be d
0.063 inches, 0.080 inches, .100 inches, or .125 E
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inches, as applicable
L. The VENDOR understands that there is no a
guarantee given or implied as to the total (aCC2 G�QaLL
amount to be ordered as a result of this contract. � £
The quantities stated in this bid are estimates of
annual usage, to be used for comparison
purposes only. Materials and supplies will be a
ordered as needed.
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RFQ F-12-14
Traffic Situ
2. MATERIALS SPECIFICATIONS Unit Price Total Price
Including Delivery Including Delivery
Description — Sheeting Charges Charges
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1. 3M Diamond Grade type 110GQ fluorescent 5� y5�0 00
colors, 1,000 sq. ft.
2. 3M Diamond Grade type 100GQ standard
colors, 3,000 sq. ft.
3. Super Engineer Grade type 2, 3,000 sq. ft.
4. High Intensity Grade type 4 prismatic, 3,000 sq. o0 0
5. Engineer Grade type 1 prismatic, 3,000 sq. ft.
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6. 1160A Premium Anti-graffiti Overlay, 13,000 sq.
ft.
Aluminum Blanks d
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1. Aluminum — .125,3,000 sq. ft.
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2. Aluminum — .100, 3,000 sq. ft. a q 5 06 a 0
3. Aluminum—0.080, 4,500 sq. ft. a yo t O $�oo N
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4. Aluminum -0.63, 2,000 sq. ft. a Oo 4+O17�"F d
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3. REFERENCE LIST w
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Provide three local government agencies and/or
company's previous or current contact references
that support your ability to provide traffic signs. +
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4. CONTRACT LENGTH
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The length of this contract shall be for one year with ACCepCCAPS.t:C
four (4) one-year extensions at the City's option.
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5. LICENSES $
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The VENDOR represents that it has all licenses,
permits, qualifications and approvals of whatever
nature that are legally required to provide traffic �� �QCC\�;�
sign products and materials, including a City
Business License, and that such licenses and
approvals shall be maintained throughout the term
of this Contract.
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lisp F-12-14
1 raffic Sig,:
6. DELIVERY OF TRAFFIC SIGNS
The traffic signs must be delivered within ten ACCePTa-bL. E
working days.
7. CONTRACTOR NON-COMPLIANCE
A. If the Public Works Department Director, or his
designee, determines that there are deficiencies
in the performance of this Agreement, the Public
Works Director, or his designee, will provide a p
written notice to the VENDOR stating the AC CAP Ci ('J LE
deficiencies and specifying a time frame to t
correct the specified deficiencies. This time
frame shall be reasonable, as determined by the a
Public Works Director, or his designee, to
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correct the specified deficiencies.
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B. Should the VENDOR fail to correct any d
deficiencies within the stated time frame, the m
Public Works Director, or his designee, may a
exercise the following measures:
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1. Deduct from the VENDOR'S payment the N
amount necessary to correct the deficiency, (ACC. ' PN'0.bLE
including City overhead costs and impose a d
deficiency deduction. m
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2. Withhold the entire or partial payment.
3. Terminate the contract and award to second
bidder. v
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RFQ F-12-14
Traffic Signs
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ANNUAL PURCHASE ORDER
Beginning July 1, 2012 through June 30, 2013 plus four (4) single-year renewal options, for
City's partial requirements, on an as-needed basis, with no guaranteed usage for Traffic Signs.
Option year one, if exercised, shall be effective July 1, 2013 through June 30, 2014.
Option year two, if exercised, shall be effective July 1, 2014 through June 30, 2015.
Option year three, if exercised, shall be effective July 1, 2015 through June 30, 2016.
Option year four, if exercised, shall be effective July 1, 2016 through June 30, 2017. v
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Actual option year pricing shall be negotiated with the successful Bidder(s) prior to exercising y
of any given option year. Option years shall become effective only upon issuance by the City
of a duly authorized Purchase Order.
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Are there any other additional or incidental costs, which will be required by your
fian in order to meet the requirements of the Technical Specifications? Yes I
No (circle one). If you answered "Yes", please provide detail of said additional
costs: d
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Please indicate any elements of the Technical Specifications that cannot be met
by your firm. �\ y
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Have you included in your bid all informational items and forms as requested? es R
1 No (circle one). If you answered "No", please explain: a
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This offer shall remain firm for 90 days from RFQ close date.
Terms and conditions as set forth in this RFQ apply to this bid.
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RFQ F-1?-14
Traffic Signs
Cash discount allowable %_days; unless otherwise stated, payment terms
are: Net thirty (30)days.
In signing this bid, Bidder warrants that all certifications and documents requested
herein are attached and properly completed and signed.
From time to time, the City may issue one or more addenda to this RFQ. Below,
please indicate all Addenda to this RFQ received by your firm, and the date said
Addenda waslwere received.
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Verification of Addenda Received 0
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Addenda No: Received on:
Addenda No: Received on:
Addenda No: Received on: a
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AUTHORIZED SIGNATURE: �� E
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PRINT SIGNER'S NAME AND TITLE:
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DATE SIGNED:
`fir'n ^�m�y Qrt.ny
COMPANY NAME &ADDRESS: 9`�r15 ��lCCL0. Tl1SfILdI AEI QfMt5 CA f)S ,0I d
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PHONE:-9 o-NO--lo`lo FAX: 'IiDo-dUlD-5Gk w
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EMAIL: °r1�2�5 Cei `4i $fl ,Ct7M
IF SUBMITTING A"NO BID", PLEASE STATE REASON(S) BELOW: E
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PockotRg. 172Q'.
RFQ F-12-14
Traffic Siguiq
NON - COLLUSION AFFIDAVIT
TO: THE COMMON COUNCIL, CITY OF SAN BERNARDINO
In accordance with Title 23, United States Code, Section 112, the undersigned
hereby states, under penalty of perjury:
That he/she has not, either directly or indirectly, entered into any agreement, v
participated in any collusion, or otherwise taken action in restraint of free o
competitive bidding in connection with RFQ F-12-14. R
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Business Name
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Signature of bidder X a
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Place of Residence
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Subscribed and sworn before me this ( 3.4_day of 201
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Notary Public in and for the C unty of tate of California.
My commission expires 20 f�•
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JACKELYN L.HENRY Q
Commission N 1860105
-i Notary Public-California z
z San Bernardino County
MY Comm.Expires Sep 1,2013
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RFp F-I2-w
I-r ffic Signs
SUBCONTRACTOR'S LIST
As required by California State Law, the General Contractor bidding will hereinafter
state the subcontractor who will be the subcontractor on the job for each particular
trade or subdivision of the work in an amount in excess of one-half of one percent of
the General Contractor's total bid and will state the firm name and principal location of
the mill, shop, or office of each. If a General Contractor fails to specify a subcontractor,
or if he specifies more than one subcontractor for the same portion of work to be
performed under the contract in excess of one-half of one percent, he agrees that he is
fully qualified to perform that portion himself and that he shall perform that portion p
himself. N
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DIVISION OF NAME OF FIRM OR LOCATION v
WORKOR CONTRACTOR CI
TRADE
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Print Name Signature of Bidder
Company Name: � tp _
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Address: 9�t1c7 I�f CCC� � r� �CS SL�QfI CA cww a
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REJECTION OF BIDS a
The undersigned agrees that the City of San Bernardino reserves the right to reject any
or all bids, and reserves the right to waive informalities in a bid or bids not affected by
law, if to do seems to best serve the public interest.
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SECTION IV. o
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GENERAL SPECIFICATIONS u
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RFQ F-12-14
Tniffic Signs
IV. GENERAL SPECIFICATIONS
1. Each bid shall be in accordance with Request for Quotes(RFQ)Number F-12-14.All specifications
are minimum.Bidders are expected to meet or exceed these specifications as written. Bidder shall
attach to their bid a complete detailed itemization and explanation for each and every deviation or
variation from the RFQ specifications and requirements. Conditional bids, or those that take
exception to the RFQ specifications and requirements, may be considered non-responsive and may
be rejected.
2. The City reserves the right to accept or reject any and all bids and to award a contract to the bidder oc
whom best meets the Citys requirements. This may include waiver of minor irregularities or
discrepancies,or nonconformity to specifications in appropriate circumstances. Purchase shall be on O
a best buy basis after due consideration of all relevant factors,including but not limited to, H
workmanship,accessibility of parts and service,known evidence of manufacturer's responsibility and i
record, durability and known operational record of product and suitability as well as conformity to City
needs and requirements. In all cases the best interest of the City shall prevail in all contract awards. a'
3. The City of San Bernardino reserves the right to purchase more or less than the quantifies specified at c
unit prices bid. m
4. Bids shall be firm offers,subject to acceptance or rejection within 90 days of the opening thereof.
5. Regular dealer.No bidder shall be acceptable who is not a reputable manufacturer or dealer of such d
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items as submitted for bid consideration. N
G. 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. d
"Seconds",factory rejects,and substandard goods are not acceptable.
7. Each bidder shall submit with their bid a copy of the proposed product specifications, complete
detailed drawings,and other descriptive matter in sufficient detail to clearly describe the equipment, in
materials and parts offered. T
S. Manufacturer and/or Contractor shall defend any and all suits and assume all liability for any and all 3
claims made against the City of San Bernardino,or any of its officials or agents for the use of any w
patented process, device or article forming a part of equipment or any item fumished under the rn
contract.
9. Each bidder must state in their bid the guaranteed delivery date of product and/or services in number
of calendar days from the date of contract execution by the City of San Bernardino,time is of the
essence relative to this contract.Contractor shall prosecute the work continuously and diligently and
shall deliver the items at the earliest possible date following the award of the contract.
10. Each bidder shall list in their bid all factory, manufacturer's and/or dealer's warranty and/or guarantee d
coverage and shall submit such written documents evidencing the same attached to the bid. E
11. Successful bidder(s)(Contractor)shall furnish and deliver to the City complete equipment as bid and
awarded,ready for installation and fully equipped as detailed in these specifications. c
12. Price shall be quoted F.O.B. San Bernardino(all transportation charges shall be fully prepaid),and
shall include all discounts. Bid shall include California sales tax,where applicable,computed at the c
rate of(effective July 1,2011)8%, (this will normally be shown as a separate line item on the price E
form). L
13. City shall make payment within thirty(30)days after the complete delivery and acceptance of the
specified items by the City of San Bernardino and receipt of the Contractor's priced invoice. Q
14. All"standard equipment"is included in any bid.Bidders furnishing bids under these specifications
shall supply all items advertised as"standard"equipment even if such items are not stipulated in the
specifications, unless otherwise clearly accepted in the bid.
15. The items which the bidder proposes to furnish the City must comply in all respects with the
appropriate safety regulations of all regulatory commissions of the Federal Government and the State
of California,whether such safety features and/or items have been specifically outlined in these
specifications or not.
16. Contractor delivering equipment pursuant to these RFQ specifications shall guarantee that equipment
meets specifications as set forth herein. If it is found that equipment delivered does not meet
23
Packet Pg. 1724
RFQ F-12-14
Traffic Signs
requirements of these specifications the Contractor shall be required to correct the same at their own
expense.
17. By submitting a bid,each bidder agrees that in the event complete delivery is not made within the time
or times set forth pursuant to this specification,damage will be sustained by the City,and that it is,
and will be impractical and extremely difficult to,ascertain the actual damage which the City will
sustain in the event of and by reason of such delay.
18. In case the delivery of the items under this contract is delayed due to strikes, injunctions,government
controls,or by reason of any cause or circumstance beyond the control of the Contractor,the time for
delivery may be extended(in the City's sole discretion)by a number of days to be determined in each
instance by mutual written agreement between the Contractor and the Purchasing Manager of the City
of San Bernardino.The City shall not unreasonably refuse such extension. ^
19. Contract.Each bid shall be submitted and received with the understanding that acceptance by the City
of San Bernardino of bid in response to this solicitation shall constitute a contract between the
Contractor and the City. This shall bind the Contractor to furnish and deliver at the price bid and in d
complete accordance with all provisions of RFQ No.F-12-14. In most cases the basis of award will be t
the City's standard purchase order that may or may not incorporate this solicitation by reference. `
20. Prohibited interest. No member,officer,or employee of the City or of any agency of the City during his a3
tenure or for one year thereafter shall have any interest,direct or Indirect in this contract or the .o
proceeds thereof. Furthermore,the parties hereto covenant and agree that to their knowledge no @
board member,officer or employee of the City has any interest,whether contractual,non-contractual,
financial or otherwise, in this transaction, or in the business of the contracting parry other than the City, m
and that if any such interest comes to the knowledge of either party at any time,a full and complete E
disclosure of all such information will be made in writing to the other party or parties,even if such m
interest would not be considered a conflict of interest under Article 4(commencing with Section 1090) rn
or Article 4.6(commencing with Section 1120)of Division 4 of Title I of the Government Code of the G
State of California. o
21. One Document.These specifications,the notice inviting bids,RFQ F-12-14,the Contractor's bid,any c)
written agreement executed bythe parties,the purchase order and all documents referred to in the rn
complete specifications and purchase order,and all written modifications of said documents shall be rn
construed together as one document.Anything called for in any one of said documents shall be
deemed to be required equally as if called for in all. Anything necessary to complete the work properly 3
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shall be performed by the contractor,whether specifically set out in the contract or not.All sections of M
the specifications shall be read as constituting a whole and not as an aggregation of Individual parts, i!?
and whatever is specked in one section shall be construed as applying to all sections. n
22. The City of San Bernardino reserves the right to accept or reject any and all bids. w
23. Prompt payment. Each bidder may stipulate in their bid a percentage prompt payment discount to be --
taken by the City in the event the City makes payment to the Contractor within ten(10)working days
of receipt of material and approval of invoice. For the purpose of this provision, payment is deemed to
be made on the date of mailing of the City check. NOTE: prompt payment discounts will only be E
used during bid evaluation in the ease of ties. r
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24. Inquiries. Direct all inquiries to Deborah R. Morrow at 909-384-5086.Technical questions may be «
sent via fax to 909-384-5043. The answers to material questions will be provided to all poten5al
bidders.
25. Bid/Price forms.No bid will be acceptable unless prices are submitted on the pricing forms furnished a
herein, and all required forms are completed and included with bid. Deliver all bids, signed and sealed, E
to the Purchasing Division, Finance Department at 300 North"D"Street, 0 Floor,City Hall, San u
Bernardino, California 92418. CLEARLY MARK THE RFQ SPECIFICATION TITLE"TRAFFIC Q
SIGNS"AND NUMBER F-12-14 ON THE OUTSIDE OF THE ENVELOPE.
26. Time. All bids must be received in the Purchasing Division no later than 3:00 PM,PST, May 8,2012,
where at such time and said place bids will be publicly opened, examined and declared. Any bid may
be withdrawn by bidder prior to the above scheduled time for the opening of bids.Any bid received
after that time and date specified shall NOT be considered.
27. The City of San Bernardino reserves the right at its own discretion to award separate contracts for
each category,or to award multiple contracts, or to award one contract for furnishing and delivering of
all equipment and/or services in all categories.
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Packet Pg. 1725
RFQ Fat-14
Traffic Signs
28. Equipment.In the purchase of equipment,Contractor shall be required to furnish one(1)
OPERATORS MANUAL and one(1) PARTS MANUAL for all equipment bid.
29. In submitting a bid to a public purchasing body,the bidder offers and agrees that if the bid is accepted,
it will assign to the purchasing body all rights,title,and interest in and to all causes of action it may
have under Section 4 of the Clayton Act(U.S.C.Sec 15)or under the Cartwright Act(Chapter 2,
commencing with Section 16700 of Part 2 of Division 7 of the Business and Professions Code),
arising from purchases of goods,materials,or services by the bidder for sale to the purchasing body
pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing
body tenders foal payment to the bidder.
30. Contractor shall indemnify,defend and hold City, its officers,employees and agents harmless from
any claim,demand,liability, suit,judgment or expense(including,without limitation, reasonable costs --
of defense)arising out of or related to Contractor's performance of this agreement,except that such
duty to indemnify, defend and hold harmless shall not apply where injury to person or property is O`
caused by Ciyt s willful misconduct or sole negligence.The costs,salary and expenses of the City N
Attorney and members of his office in enforcing this Agreement on behalf of the City shall be m
considered as"attomey's fees"for the purposes of this paragraph.
31. While not restricting or limiting the foregoing, during the term of this Agreement, Contractor shall a'
maintain in effect policies of comprehensive public,general,and automobile liability insurance, in the
amount of$1,000,000 combined single limit,and statutory worker's compensation coverage, and shall
file copies of said policies with the City's Risk Manager prior to undertaking any work under this
Agreement.The policies shall name the City as an additional insured and shall provide for ten (10) v
day notification to the City if said policies are terminated or materially altered. E
3LL.-FAITHFUL PERFORMANCE BOND/BID BOND. Not required The CARtFR9tAF Will he FAqUiFed to d
A 11FAigh a GAGhiPF*9 nheGk, eaftified eheok OF faithful pelfOFFAaRee band �hid band Fnade payable In thp
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34. City mav, at its discretion,exercise option year renewals for up to four(4)years, in one-year m
increments.
3.9. By submitting a bid,bidder warrants that any and all licenses and/or certifications required by law, rn
statute,code or ordinance in performing under the scope and specifications of this RFO are currently n
held by bidder,and are valid and in full force and effect. Copies or legitimate proof of such licensure w
and/or certification shall be included in bidder's response. Bids lacking copies and/or Proof of said
licenses and/or certifications may be deemed non-responsive and may be rejected.
36. Once the award has been made and prior to the commencement of the job,the City's Municipal Code
(M.C.5.04.005)requires that a Business doing business with the City, obtain and maintain a valid City E
Business Registration Certificate during the term of the Agreement.
37. Vendor(Contractor)lConsuftant services agreement(s)(VSA/CSA).A signed vendor/Consultant
service agreement may be required between both parties prior to commencement of the job. a
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ATTACHMENT
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Reference List for Safeway Sign Comnanv
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Agency Name: Cily of Anaheim £
Address: 400E Vermont Ave. Anaheim, CA 92803 a
Contact Person: Hector Cruz
Phone: 714-765-6937 Fax: 714-765-6842
E-Mail: Hcruz ,�anaheim.net
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Agency Name: County of San Bernardino
Address: 825E Third Street San Bernardino, CA 92415
Contact Person: David Ramirez s
Phone: 909-387-8079 Fax: 909-387-8077 m
E-Mail: dramirez( dwp.sbcountv.aov a
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Agency Name: City of Brentwood a
Address: 708 Third Street Brentwood, CA 94513
Contact Person: Eric Begnal
Phone: 925-516-6040 Fax: 925-516-6041
E-Mail: ebegnalAbrentwood.ca.gov
Packet Pg. 1727
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ADDENDUM#1 a
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Request for Quotation (RFQ) F-12-14 m
Traffic Signs d
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Notice is hereby given that the following changes, additions, deletions, or clarifications 2
are incorporated as an Addendum to the Request for Quotation (RFQ) F-12-14
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1. Material Specifications, item #1 -You request 3M Diamond Grade type 11 OGQ u
Fluorescent Colors. Are you requesting DG3 which is a type XI sheeting? rn
ANSWER: Yes v'
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j 2. Material Specifications, item#2-You request 3M Diamond Grade type 1 OOGQ 3
Standard Colors. Are you requesting DG3 which is a type XI sheeting? N
ANSWER: Yes
3. Page 10, Description: Effective from date of award thru June 30, 2012. Will the
award only be for a couple of months or should this date have been June 30,
2013. ANSWER: €€feetivefrom date-efawar44hv.n�..,'^^ 3G 2244.° Should read: On E
or about July 1, 2012 through June 30,2013, plus four(4) single-year renewal n
options................see page 18 :".
4. 1 noticed that we are only quoting sheeting, graffiti overlay and metal to be added d
together to make signs. Are these signs going to be only MUTCD or CalTrans E
signs? Will there be any specialty signs on this contract? Do you want us to
quote these as multiple color signs? ANSWER:Signs should be fabricated in a
accordance with California MUTCD standards. On occasion we will need to
fabricate specialty signs, however,we wilt ask for a quote prior to finalizing the
order.
Sincerely,
11 Deborah R. Morrow, C.P.M., MPA
Purchasing Division
PacketPg. 1728..
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San BtiH—U1 mn
April 10, 2012
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SUBJECT: NOTICE INVITING BIDS IRFQI F-12-14 a
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The City of San Bernardino (City)invites bids from qualified vendors for:
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Traffic Signs
Parties interested in obtaining a copy of this RFQ F-12-14 may do so by accessing the d
City of San Bernardino Web Page at wvw-sb6ty.org City Services > Request Bids > d
City Finance, beginning April 10, 2012, or by faxing their request to (909) 384-5043,
Attention: Deborah R. Morrow. Please include the following information in your request:
name and address of firm: name, telephone and facsimile number of contact
person-0
specify RFQ F-12-14. u
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Copies of the RFQ may also be obtained by calling Deborah Morrow at (909) 384-5086, n
Vanessa (909) 384-5330, or in person at City Hall, 300 N. 'D" St., 4th floor, Purchasing
Division, San Bernardino, CA 92418. w
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Pre-Bid Conference: None.
Closing Date: Bids must be submitted at or before 3:00 PM, PST, MaV 8, 2012, at the
address listed above. c
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Issuance of this RFQ and/or receipt of bids do not commit City to award a contract.
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Sincerely, a
Deborah R. Morrow m
Purchasing Manager z
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UQ F-12-14
Traffic F1g119
SECTION I. n
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INSTRUCTIONS TO BIDDERS y
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RI11 F-11-11
Truflic Sillns
City of San Bernardino, Finance Department
Purchasing Division
Bid Documents to Be Returned by Prospective Vendor
RFQ F-12-14
TRAFFIC SIGNS
.�t 111 Bid Content and Fans,General Specification#35, ^
Ivk( Copy ions Contractor License if applicable)
Instru ions to Offeror(s) !Bidders .dp
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[� Bidder Experience, Competency, Qualification and Profile (Vendor Document) °1
Proposal/Bid ntent Forms
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Non-Collusion Affidavit(City Form) Ins �
dListing Of Proposed Subcontractor(City Form) III Proposal I Bid Content and Farms �
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Price Form (City Form) Instructions to Bidders,III Bid Content and Forms v
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Authorized Signatures Instructions to Bidders O
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[f Bidder Identification °1 Bid Content and Forma m
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[�J Addendum Received (City Form) III Bid content and Farms 3
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[� 90 Day Bid Validity Statement III Bid content and Forms N
Authorized Signatures 1II Bid content and Forma
[J1 References III Bid content and Forma(Vendor Document)
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[J/ Proper Identification and Submittal of Proposal/Bid Package, and Price Form
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Instructions to Bidders nt
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Offeror(s)are requested to submit this checklist completed with all bid documents.This list may
not be inclusive of all documents needed to submit your RFQ. Please refer to
entire packet for additional documents.
3
Paykst°Qg. 1731
RJ:Q
I. INSTRUCTIONS TO BIDDERS
A. Pre-Bid Conference
Not Applicable
B. Examination of Bid Documents
I. By submitting a bid, the Bidder represents that it has thoroughly examined
and become familiar with the items required under this RFQ and that it is v
capable of quality performance to achieve the City's objectives.
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2. The City reserves the right to remove from its mailing list for future RFQs,
for an undetermined period of time, the name of any Bidder for failure to a'
accept a contract, failure to respond to two (2) consecutive RFQs and/or
unsatisfactory performance. Please note that a "No Bid" is considered a
response.
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C. Addenda d
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Any City changes to the requirements will be made by written addendum to this c
RFQ. Any written addenda issued pertaining to this RFQ shall be incorporated
into the terms and conditions of any resulting Purchase Order. The City will not `a
be bound to any modifications to or deviations from the requirements set forth in r
this RFQ as the result of oral instruction. ;
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For automatic electronic notifications, please visit our website and sign-up for SIB y
Connect. .°
D. Clarifications 4
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1. Examination of Documents
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Should an Offeror(s) require clarifications of this RFQ, the Offeror(s) shall a
notify the City in writing in accordance with Section D.2 below. Should it d
be found that the point in question is not clearly and fully set forth; the City E
will issue a written addendum clarifying the matter which will be sent to all
persons who have requested the RFQ.
2. Submittina Requests
a. All questions, clarifications or comments shall be put in writing and
must be received by the City no later than 4:00 PM, April 24, 2012
and be addressed as follows:
4
Fadcet Ag.,'1a32
72.4
RFQ f-12-14
Irnftic Sien,
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City of San Bernardino
300 North "D" Street
4th floor, Attn: Deborah R. Morrow
San Bernardino, CA 92418
b. The exterior envelope or email Subject line of all requests for
clarifications, questions and comments must be clearly labeled,
"Not an Offer." The City is not responsible for failure to respond
to a request that has not been labeled as such.
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The City will also accept questions sent by facsimile machines or o`
email, however, all faxed or emailed questions must be received by A
the City no later than 4:00 PM, PST, April 24, 2012. Send facsimile
transmissions to (909) 384-5043, attention Deborah R. Morrow, a
and emails to morrow_de @sbeity.org.
C. Inquiries received after 4:00 PM April 24. 2012 will not be accepted. d
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3. City Responses
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Responses from the City will be communicated in writing to all recipients o
of this RFQ, by a posting to our website, w sbciro.ore by the close of v
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business May 1. 2012. rn
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For automatic electronic notifications, please visit our Homepage and
register for SB Connect. If you are not registered for SB Connect, you 2
may view or download the Addendum at www.sbcity.orq > City Services > w
Request for Bids > City Finance— Purchasing.
E. Submission of Bids
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1. Date and Time E
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All bids are to be submitted to the City of San Bernardino, Attention:
Deborah R. Morrow. Bids received after 3:00 PM. PST, May 8, 2012, will a
be rejected by the City as non-responsive. d
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2. Address
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Bids shall be addressed as follows:
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IU Q P-I2-14
Llaf is Simis
City of San Bernardino
300 N. "D" Street, 4th floor
Finance Department, 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
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Bidder shall submit a bid package consisting of: o`
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a) one (1) signed original;
b) one (1) copy a
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The bid package shall be addressed as shown above, bearing the
Bidder's name and address and clearly marked as follows:
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RFQ F-12-14 d
"Traffic Signs"
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4. Acceptance of Bids
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a. The City reserves the right to accept or reject any and all bids, or N
any item or part thereof, or to waive any informalities or 3
irregularities in bids.
b. The City reserves the right to withdraw this RFQ at any time without n
prior notice and the City makes no representations that any
contract will be awarded to any Bidder responding to this RFQ.
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C. The City reserves the right to postpone bid opening for its own E
convenience. r
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d. Faxed or emailed proposals will not be accepted. a
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F. Pre-Contractual Expenses E
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Pre-contractual expenses are defined as expenses incurred by the Bidder in: a
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
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la()I-12-14
L'a"is Sign.
4. any other expenses incurred by the Bidder prior to date of award, if any, of
the Agreement.
The City shall not, in any event, be liable for any pre-contractual expenses
incurred by Bidder in the preparation of its bid. Bidder shall not include any such
expenses as part of its bid.
G. Contract Award
Issuance of this RFQ and receipt of bids does not commit the City to award a a
Purchase Order. The City reserves the right to postpone bid opening for its own o
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 right to g
apportion the award among two or more Bidders. a
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A signed Vendor (Contractor) / Consultant Service Agreement (VSA/CSA), along
with a pre-performance meeting, outlining additional terms and conditions relating E
to performance, warranty, materials, goods, services, or other items as deemed v
necessary by the City, may be required prior to the commencement of the job. a
H. Acceptance of Order ci
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The successful Bidder will be required to accept a Purchase Order in accordance y
with and including as a part thereof the published Notice Inviting Bids and the A
RFQ documents including all requirements, conditions and specifications v
contained therein, with no exceptions other than those specifically listed in the N
written purchase order-
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I. Business License
The City's Business Ordinance requires that a Business doing business a
with the City, obtain and maintain a valid City Business Registration Certificate
during the terms of the Agreement. Bidder agrees to obtain such Certificate prior
to undertaking any work under this Agreement. a
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J. Local Vendor Preference rE
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The City of San Bernardino gives any formal or informal bid submitted by a local a
bidder a one percent (1%) credit for goods and materials, where labor and/or
installation is incidental; and a five percent (5%) credit on Contractual services,
for comparison purposes with other bidders, as authorized in the San Bernardino
Municipal Code Section 3.04.125, and Executive Order 2003-1, respectively.
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For the purposes of this section, 'local bidders" shall be bidders for which the point
of sale of the goods, materials, or services shall be within the City limits of San
Bernardino.
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SECTION II. v
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TECHNICAL SPECIFICATIONS o
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SECTION III.
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BID CONTENT AND FORMS z
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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 v
brief and concise. Bids shall contain the following: o
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a. identification of Bidder, including name, address and telephone;
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b. proposed working relationship between Bidder and subcontractors, .�
if applicable;
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C. acknowledgment of receipt of all RFQ addenda, if any; E
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d. name, title, address and telephone number of contact person a
during period of bid evaluation; o
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e. a statement to the effect that the bid shall remain valid for a period `o
of not less than 90 days from the date of submittal; and in
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f. signature of a person authorized to bind Bidder to the terms of the d
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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. 4
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2. Exceptions/Deviations
State any exceptions to or deviations from the requirements of this RFQ, a
stating 'technical" exceptions on the Technical Specifications form, and
"contractual" exceptions on a separate sheet of paper. Where Bidder L
wishes to propose alternative approaches to meeting the City's technical
or contractual requirements, these should be thoroughly explained. a
3. Qualifications Related Experience and References of Bidder
This section of the bid should establish the ability of Bidder to satisfactorily
perform the required work by reasons of experience in performing work of
a similar nature; demonstrated competence in the services to be provided;
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RFQ F-12-14
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strength and stability of the firm; staffing capability, work load; record of
meeting schedules on similar projects; and supportive client reference.
Bidder shall:
a. provide a brief profile of the firm, including the types of services
offered; the year founded; form of the organization (corporation,
partnership, sole proprietorship); number, size and location of
offices; number of employees;
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b. describe the firm's experience in performing work of a similar o
nature to that solicited in this RFQ: H
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C. provide, as a minimum, three (3) references from current
customers of a similar size as the City as related experience; n
reference shall furnish the name, title, address and telephone R
number of the person(s) and the client organization who is most
knowledgeable about the work performed. E
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4. Appendices
Information considered by Bidder to be pertinent to this RFQ and which c°
has not been specifically solicited in any of the aforementioned sections
may be placed in a separate appendix section. Bidders are cautioned, n
however, that this does not constitute an invitation to submit large 3
amounts of extraneous materials; appendices should be relevant and
brief. N
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B. LICENSING AND CERTIFICATION REQUIREMENTS ^�
By submitting a bid, bidder warrants that any and all licenses and/or certifications
required by law, statute, code or ordinance in performing under the scope and
specifications of this RFQ are currently held by bidder, and are valid and in full E E
force and effect. Copies or legitimate proof of such licensure and/or certification A
shall be included in bidder's response. Bids lacking copies and/or proof of
said licenses and/or certifications may be deemed non-responsive and may
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be rejected. E
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C. COST AND PRICE FORMS a
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.
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Bidder shall state cash discounts offered. Unless discount payment terms are
offered, payment terms shall be "Net 30 Days". Payment due dates, including
discount period, will be computed from date of City acceptance of the required
services or of a correct and complete invoice, whichever is later, to the date
City's check is mailed. Any discounts taken will be taken on full amount of
invoice, unless other charges are itemized and discount thereon is disallowed.
Freight terms shall be F.O.B. Destination, Full Freight Allowed, unless otherwise
specified on price form.
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