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HomeMy WebLinkAbout17- Fire CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTIO i G I N AL From: Michael J. Conrad, Fire Chief Subject: Resolution authorizing the execution of an agreement and issuance of a purchase order to Allstar Fire Equipment in the amount of Dept: Fire $34,489.25 for the new generation Fire Shelters. Date: August 12, 2009 MC/C Meeting Date: August 17, 2009 Synopsis of Previous Council Action: 04/21/08 Resolution#2008-129 authorizing the Fire Department to apply for the 2008 Assistance to Firefighters grant submitted to the Department of Homeland Security. 03/16/09 Resolution#2009-59 authorizing the City Manager or his designee to accept and administer the 2008 Assistance to Firefighters grant awarded by the Department of Homeland Security. RECOMMENDATION: Adopt resolution. Signature Contact Person: Michael J. Conrad, Fire Chief Phone: (909) 384-5286 Supporting data attached: Staff Report, Resolution, and Bid Summary Ward: Citywide FUNDING REQUIREMENTS: Amount: $34,489.25 Source: (Acct.No.) 123-846-5112 (Acct Descr.)Federal & State Program-2008 Assistance to Firefighters grant ee-.54 Finance: Council Notes: Agenda Item No. $'17"Oq STAFF REPORT SUBJECT Resolution authorizing the Director of Finance or her designee to issue a purchase order to Allstar Fire Equipment in the amount of$34,489.25 for the new generation Fire Shelters. BACKGROUND On March 16, 2009, the Mayor and Common Council authorized the City Manager or his designee to accept and administer an award from the Department of Homeland Security. The awarded amount was for the city's share in purchasing the vehicle exhaust extraction systems for the fire stations and the new generation Fire Shelters. On June 25, 2009, a Request for Quote (RFQ) #F 09-19 was issued to solicit formal bids for the new generation Fire Shelters. The United States Department of Agriculture, Forest Service, Technology and Development Program recommend that local fire agencies transition to the new fire shelters by December 31, 2009. To meet this target date, the Fire Department has solicited bids for the new generation Fire Shelter, which offers improved protection from radiant,thermal, and conductive heat. Notices inviting bids from qualified vendors for the new generation Fire Shelters were distributed to the San Bernardino Area Chamber of Commerce, the City's Web Site, and advertised in The Sun Newspaper. The RFQ #F-09-19 packages were mailed to eight(8) vendors including two (2) local vendors within the city limits. On July 16, 2009, the City received and reviewed four(4)bid quotes and the bid responses are as follows: Vendor Location Bid Proposal (based on unit) Allstar Fire Equipment Arcadia, CA $560.75 ED M Feld Equipment Carroll, IA $666.70 L.N. Curtis & Sons Los Angeles, CA $597.82 Mallory Fire San Bernardino, CA $581.13 (w/local preference) Pursuant to the City's bidding process, it is recommended that the City award a purchase order to Allstar Fire Equipment for the new generation Fire Shelters under RFQ #F-09- 19. Allstar Fire Equipment meets technical specifications and is the lowest overall bidder for the fire shelters. FINANCLAL IMPACT The total amount to be awarded to Allstar Fire Equipment for the new generation Fire Shelters is not-to-exceed $34,489.25. Funding is budgeted under the 2008 Assistance to Firefighters grant account 4123-846-5112 for the procurement of the equipment. RECOMMENDATION Adopt resolution. 1 RESOLUTION NO. COPY 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 2 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND ISSUANCE OF A PURCHASE ORDER TO ALLSTAR FIRE EQUIPMENT IN 3 THE AMOUNT OF $34,489.25 FOR THE NEW GENERATION FIRE SHELTERS. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 5 CITY OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. That Allstar Fire Equipment is the-lowest and best responsible bidder for 7 the purchase of new generation Fire Shelters, in accordance with Bid Specifications #F-09-19 8 for a total amount of 534,489.25. Pursuant to this determination, the issuance of a Purchase 9 Order by the Director of Finance or her designee is hereby authorized and all other quotations 10 therefore are hereby rejected; and. 11 SECTION 2. The City Manager is hereby authorized and directed to execute on behalf 12 of the City a Purchase Agreement with Allstar Fire Equipment, a copy of which is attached 13 hereto, marked Attachment "A" and incorporated herein by reference as fully as though set 14 forth at length; and 15 SECTION 3. The Allstar Fire Equipment Purchase Order shall incorporate by reference 16 this Resolution number, shall reference the terms in RFQ Bid Specification #F-09-19, and shall 17 18 incorporate the terms and conditions of the bid of Allstar Fire Equipment. The Purchase Order 19 shall further read "not to exceed $34,489.25." 20 SECTION 4. The authorization to execute the above referenced Agreement and 21 Purchase Order is rescinded if it is not issued within sixty (60) days of the passage of this 22 Resolution. 23 24 25 26 27 28 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT 1 AND ISSUANCE OF A PURCHASE ORDER TO ALLSTAR FIRE EQUIPMENT IN THE AMOUNT OF $34,489.25 FOR THE NEW GENERATION FIRE SHELTERS. 2 3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 4 Common Council of the City of San Bernardino at a meeting thereof, held on 5 the day of , 2009, by the following vote, to wit: 6 7 8 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 9 ESTRADA 10 BAXTER 11 12 BRINKER 13 SHORETT 14 KELLEY 15 JOHNSON 16 MCCAMMACK 17 18 liachel G. Clark, City Clerk 19 City of San Bernardino 20 21 The foregoing Resolution is hereby approved this day of 2009. 22 23 Patrick J. Morris, Mayor 24 City of San Bernardino 25 Approved as to form: 26 JAMES F. PENMAN, City Attorney 27 28 By: 2 PURCHASE AGREEMENT Allstar Fire Equipment This Purchase Agreement is entered into this day of by and between Allstar Fire Equipment ("Vendor") and the City of San Bernardino ("City"). 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 Fire Shelters; and WHEREAS,the City of San Bernardino did solicit and accept quotes from available Vendors for the purchase of Fire Shelters. NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated, San Bernardino hereby engages Vendor to provide those products as set forth in Request for Quote #F 09-19, attached hereto and incorporated herein as Exhibit "A." 2. COMPENSATION AND EXPENSES. a. For the products and/or services delineated above, the City, upon presentation of an invoice, shall pay the Vendor up to the amount of$34,489.25. b. No other expenditures made by Vendor shall be reimbursed by City, 3. TERM; TERMINATION. This purchase shall be completed within sixty(60) days. The City shall have the right to terminate its obligations under this Agreement or any part hereof if any delivery is not made within the time provided, or, if no time is specified, within a reasonable time, or if the goods that are delivered are not as specified. Such right shall Q 1 ATTACHMENT "A" PURCHASE AGREEMENT Allstar Fire Equipment be in addition to City's other legal rights, whether set forth in this Agreement or not. Acceptance of any part of the order shall not bind City to accept future services or shipments, nor deprive it of the right to stop performance of existing services or return goods already accepted. 4. INDEMNITY. City agrees to indemnify and hold harmless Vendor, its officers, agents and volunteers from any and all claims, actions, losses, damages and/or liability resulting from City's negligent acts or omissions arising from the City's performance of its obligations under the Agreement. Vendor agrees to indemnify and hold harmless the City, its officers, agents, and volunteers from any and all claim, actions, losses, damages and/or liability resulting from Vendor's negligent acts or omissions arising from the Vendor's performance of its obligations under the Agreement. In the event the City and/or the Vendor is found to be comparatively at fault for any claim, action, loss, or damage which results from their respective obligations under the Agreement, the City and/or Vendor shall indemnify the other to the extent of this comparative fault. 5. INSURANCE. While not restricting or limiting the foregoing, during the term of this Agreement, Vendor shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory 2 ATTACHMENT "A" PURCHASE AGREEMENT Allstar Fire Equipment worker's compensation coverage, and shall file copies of said policies with the City's Risk Manager prior to undertaking any work under this Agreement. City shall be set forth as an additional named insured in each policy of insurance provided hereunder. The Certificate of Insurance famished to the City shall require the insurer to notify City of any change or termination in the policy. 6. COMPLIANCE WITH LAWS. All articles or services furnished pursuant to this Agreement shall comply with all CAL- OSHA standards and regulations and all applicable governmental laws and orders. 7. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, Vendor shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or sexual orientation, or any other status protected by law, except as permitted pursuant to Section 12940 of the California Government Code. 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. Vendor warrants that it shall comply with any and all business registration requirements of the City's Municipal Code, and any other license, permits, qualifications, insurance and approval of whatever nature that are legally required of Vendor to practice its business or profession. 3 ATTACHMENT "A" PURCHASE AGREEMENT Allstar Fire Equipment 9. NOTICES. Any notices to be given pursuant to this Agreement shall be deposited with the United States Postal Service,postage prepaid and addressed as follows: TO THE City: Fire Chief 200 East Third Street San Bernardino, CA 92410 Telephone: (909) 384-5286 TO THE Vendor: Allstar Fire Equipment Attn: Jason Broede 12328 Lower Azusa Road Arcadia, CA 91006 Telephone: 800-425-5787 10. ATTORNEYS' FEES In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the City shall be considered as"attorneys' fees" for the purposes of this paragraph. 11. ASSIGNMENT. Vendor shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the Vendor's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall 4 ATTACHMENT "A" PURCHASE AGREEMENT Allstar Fire Equipment constitute a breach of this Agreement and cause for the termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Vendor of Vendor's obligation to perform all other obligations to be performed by Vendor hereunder for the term of this Agreement. 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the State courts located in the_County of San Bernardino, State of California or the U.S. District Court for the Central District of California, Riverside Division. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. 13. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective heirs, representatives, successors, and assigns. 15. HEADINGS. The subject headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the construction or the interpretation of any of its provisions. 16. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to 5 ATTACHMENT "A" PURCHASE AGREEMENT Allstar Fire Equipment be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 17. ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement and the understanding between the parties, and supercedes any other agreements and understandings relating to the subject manner of this Agreement. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: 2009 ALLSTAR FIRE EQUIPMENT By: Its: Dated 12009 CITY OF SAN BERNARDINO By: Charles McNeely, City Manager Approved as to Form: James F. Penman, City Attorney By: 6 ATTACHMENT "A" PURCHASE AGREEMENT Allstar Fire Equipment This Purchase Agreement is entered into this day of by and between Allstar Fire Equipment ("Vendor") and the City of San Bernardino ("City"). 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 Fire Shelters; and WHEREAS, the City of San Bernardino did solicit and accept quotes from available Vendors for the purchase of Fire Shelters. NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated, San Bernardino hereby engages Vendor to provide those products as set forth in Request for Quote #F 09-19, attached hereto and incorporated herein as Exhibit "A." 2. COMPENSATION AND EXPENSES. a. For the products and/or services delineated above, the City, upon presentation of an invoice, shall pay the Vendor up to the amount of$34,489.25. b. No other expenditures made by Vendor shall be reiribursed by City, 3. TERM; TERMINATION. This purchase shall be completed within sixty(60) days. The City shall have the right to terminate its obligations under this Agreement or any part hereof if any delivery is not made within the time provided, or, if no time is specified, within a reasonable time, or if the goods that are delivered are not as specified. Such right shall 1 PURCHASE AGREEMENT Allstar Fire Equipment be in addition to City's other legal rights, whether set forth in this Agreement or not. Acceptance of any part of the order shall not bind City to accept future services or shipments, nor deprive it of the right to stop performance of existing services or return goods already accepted. 4. INDEMNITY. City agrees to indemnify and hold harmless Vendor, its officers, agents and volunteers from any and all claims, actions, losses, damages and/or liability resulting from City's negligent acts or omissions arising from the City's performance of its obligations under the Agreement. Vendor agrees to indemnify and hold harmless the City, its officers, agents, and volunteers from any and all claim, actions, losses, damages and/or liability resulting from Vendor's negligent acts or omissions arising from the Vendor's performance of its obligations under the Agreement. In the event the City and/or the Vendor is found to be comparatively at fault for any claim, action, loss, or damage which results from their respective obligations under the Agreement, the City and/or Vendor shall indemnify the other to the extent of this comparative fault. 5. INSURANCE. While not restricting or limiting the foregoing, during the term of this Agreement, Vendor shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory 2 PURCHASE AGREEMENT Allstar Fire Equipment worker's compensation coverage, and shall file copies of said policies with the City's Risk Manager prior to undertaking any work under this Agreement. City shall be set forth as an additional named insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished to the City shall require the insurer to notify City of any change or termination in the policy. 6. COMPLIANCE WITH LAWS. All articles or services furnished pursuant to this Agreement shall comply with all CAL- OSHA standards and regulations and all applicable governmental laws and orders. 7. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, Vendor shall not engage in, nor permit its officers, employees o:agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry,.age, mental or physical disability, medical condition, marital status, sexual gender or sexual orientation, or any other status protected by law, except as permitted pursuant to Section 12940 of the California Government Code. 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. Vendor warrants that it shall comply with any and all business registration requirements of the City's Municipal Code, and any other license, permits, qualifications, insurance and approval of whatever nature that are legally required of Vendor to practice its business or profession. 3 PURCHASE AGREEMENT Allstar Fire Equipment 9. NOTICES. Any notices to be given pursuant to this Agreement shall be deposited with the United States Postal Service,postage prepaid and addressed as follows: TO THE City: Fire Chief 200 East Third Street San Bernardino, CA 92410 Telephone: (909) 384-5286 TO THE Vendor: Allstar Fire Equipment Attn: Jason Broede 12328 Lower Azusa Road Arcadia, CA 91006 Telephone: 800-425-5787 10. ATTORNEYS' FEES In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the City shall be considered as "attorneys' fees" for the purposes of this paragraph. 11. ASSIGNMENT. Vendor shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the Vendor's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall 4 PURCHASE AGREEMENT Allstar Fire Equipment constitute a breach of this Agreement and cause for the termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Vendor of Vendor's obligation to perform all other obligations to be performed by Vendor hereunder for the term of this Agreement. 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the State courts located in the.County of San Bernardino, State of California or the U.S. District Court for the Central District of California, Riverside Division. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. 13. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective heirs, representatives, successors, and assigns. 15. HEADINGS. The subject headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the construction or the interpretation of any of its provisions. 16. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to 5 PURCHASE AGREEMENT Allstar Fire Equipment be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 17. ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement and the understanding between the parties, and supercedes any other agreements and understandings relating to the subject manner of this Agreement. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: 2009 ALLSTAR FIRE EQUIPMENT By: Its: Dated 2009 CITY OF SAN BERNARDINO By: Charles McNeely, City Manager Approved as to Form: James F. Penman, City Attorney By 6 EXf2GPilt "A" F- a m z 0 ai rn 0 0 N to LO od U) N N N o O O N N Z C/) W r r- r- N N N 0) O Q (� N N N M M CO h Z LO w O O Z Z ❑ U U) Q Z Z U) O W J J OJ 0 Lo Lo h U) Ln h p O T ❑ Z Q r� rn r'. a) m M s co co a)J rn rn coo (D w W O w M W co CO M N N co M co M CO M O Z tD O _ 2E d W a7 U) ❑ Q Q' W Cy U W U Un o N N o o o Lo (n u> � ? Q � 0 0 r a 0 v ai � of O M p o N Q N N N M N N L Z N J W Q m Q � _ Q W LU a' Cl? O O V O O O W r O > T LL O m r- F, V , I r > Z O rn r\ v CO m 0 Q1 m N N N co co CO O N of O Q 2 LL J Z O Q U U ❑ C a) T OY) � E a` 6 C\l C O co a) � T U O N C6 � C Z O C B O f0 w fl_ m N C V L? O O O C O O C t O N " T } > O = n (n Ur Z N N U O • O Cn X CO LU a) in (6 Q O m '� N g w w E � w W w o N @ a Z LL (n W � O _ C m O U Z ~ o U Z E— �n oo o j o U J co Q U) O N O w O N 7 r Q) Z N .�. W CT cm c U N H a)LO m LL ~ ❑ R' O N J N fn J J O O CL r N ai cop r San Bernar ino S. July 9, 2009 ADDENDUM #1 TO Request for Quotation (RFQ) F-09-19 New Generation Fire Shelters Notice is hereby given that the following changes, additions, deletions, or clarifications are incorporated as an Addendum to the Request for Quotation (RFQ) F-09-19. 1. Your request does not state how many of each size (regular or large) you need. I need to know quantities of each size, and the shipping destination for freight charges. Answer: Price breakdown should be as follows: Regular Size: 1-10 items = $261. 05 10-25 items = $ 254 . 25 , 25-100 items = $ 269 . 70 Large Size: 1-10 items = $307 . 05 10-25 items = $299 . 05 , 25-100 items = $ 291.05 Shipping destination is 200 E. 3RD Street, San Bernardino CA 92410, 2. There are no quantities listed. Is there a quantity on the fire shelters or is the bid good for one or more purchased within the 120 days? If the second is the case, do you have an expected quantity of shelters that need to be purchased for the City? Answer. Estimated quantity is 85 to 100 shelters. 10— 15 may be regular size. Sincerely, Deborah R. Morrow, C.P.M., MPA Purchasing Division . ecop New Generation Fire Shelter Specifications Fire Shelter (Regular) Complete Size: Regular Deployed size: Length: 86"; Height: 15-1/2"; Width: 31". This set includes: fire shelter, nylon duck carrying case, carrying case plastic liner, and instructional DVD. Forest Service Spec 5100-606. New- generation fire shelter provides increased protection from radiant and convective heat in wildland firefighter entrapment situations. (NFES #0925) Fire Shelter (Large) Complete Size: Large Deployed size: Length: 96"; Height: 19-1/2"; Width: 33". Large-size shelter designed for firefighters taller than 6' 1" or whose girth exceeds 53" at any point. The larger fire shelter provides better protection for larger people by allowing less contact of the shelter material with the occupant's body and provides more air space between the shelter and occupant. The large fire shelter is easily identified by the orange deploy strap. Forest Service Spec 5100-606. (NFES #0975) FE ® q ` r_� a _ 4 t °`�ls�.� _ - � F -_"-^"' �` rte � is�. •, 1 .a -�s.•r�y-. -'tea ,::s a _ PFP F-09-I9 San Berner in June 25, 2009 SUBJECT: REQUEST FOR QUOTES (RFQ) F-09-19 The City of San Bernardino (City) invites Bids from qualified vendors for: New Generation Fire Shelter Parties interested in obtaining a copy of this RFQ F-09-19 may do so by accessing the City of San Bernardino Web Page at www.sbcity.org > Business > Request for Bids > City Finance on June 25, 2009, or by faxing their request to (909) 384-5043, Attention Deborah, or Sylvia. Please include the following information in your request: name and address of firm, name, telephone and facsimile number of contact person; specify RFQ F-09-19. Copies of the RFQ may also be obtained by calling Deborah Morrow at (909) 384-5086, Sylvia at (909) 384-5348, or in person at City Hall, 300 N. "D" St., 4th floor Finance Department, San Bernardino, CA 92418. Closing Date: Bids must be submitted at or before 3:00 PM, PST, July 16, 2009, at the address listed above. Issuance of this RFQ and/or receipt of Bids does not commit City to award a contract. Sincerely, Deborah Morrow, Purchasing Manager, C.P.M. RFQ F-09_19 SECTION I. INSTRUCTIONS TO BIDDER(S) Page 2 of 21 RFQ F-01)-Ili Bid Documents to Be Returned RFQ F-09-19 NEW GENERATION FIRE SHELTER Technical Specifications —Acceptable as specified (City Form) II Technical Specifications _ ❑X .Copy of Contractor License III Bid Content and Fonns,General Speaficafion#35, Instructions to Bidders)I Bidders 0 Bidder Experience, Competency, Qualification and Profile (Vendor Document) III Bid/Bid Content Fonns QX Non-Collusion Affidavit (City Form) Instructions to Bidder(s)/Bidders Q Listing of Proposed Subcontractor (City Form) III Bid/Bid Content and Fonns ® Price Form (City Form) Instructions to Bidders,Ili Bid Content and Fonns Authorized Signatures Instructions to Bidders Fx Bidder Identification III Bid Content and Fonns ❑ X Addendum Received III Bid Content and Fonns ® 120 Day Bid Validity Statement III Bid Content and Fonns ® Authorized Signatures III Bid Content and Fonns © References III ad content and Fonns ® Calendar Day Acknowledgment of Delivery of Materials or Services General Specifications#9 ® Proper Identification and Submittal of Bid/Bid Package, and Price Form Instructions to Bidders Bidders are requested to submit this checklist completed with all bid documents. Pa-,e 3 of 21 RFQ F-u9-19 I. INSTRUCTIONS TO BIDDER(S) A. Pre-Bid Meeting N/A B. Examination of Bid Documents 1. By submitting a Bid, the Bidder(s) represents that it has thoroughly examined and become familiar with the items required under this RFQ and that it is capable of quality performance to achieve the City's objectives. 2. The City reserves the right to remove from its mailing list for future RFQs, for an undetermined period of time, the name of any Bidder(s) for failure to accept a contract, failure to respond to two (2) consecutive RFQs and/or unsatisfactory performance. Please note that a "No Bid" is considered a response. C. Addenda Any City changes to the requirements will be made by written addendum to this RFQ. Any written addenda issued pertaining to this RFQ shall be incorporated into the terms and conditions of any resulting Purchase Order. The City will not be bound to any modifications to or deviations from the requirements set forth in this RFQ as the result of oral instruction. D. Clarifications 1. Examination of Documents Should a Sidder(s) require clarifications of this RFQ, the Bidder(s) shall notify the City in writing in accordance with Section D.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, which will be posted to our website. 2. Submitting Requests a. All questions, clarifications or comments shall be put in writing and must be received by the City no later than July 2, 2009 and be addressed as follows: City of San Bernardino Page 4 of21 RFQ F-09-19 300 North "D" Street 4th floor, Purchasing "NOT AN OFFER" Attn: Deborah Morrow San Bernardino, CA 92418 b. The exterior envelope of all requests for clarifications, questions and comments must be clearly labeled, "Not an Offer." The City is not responsible for failure to respond to a request that has not been labeled as such. The City will also accept questions sent by facsimile machines or email at morrow deo�sbcitv.oreI however, all faxed or emailed questions must be received by the City no later than July 2, 2009. Send facsimile transmissions to (909) 384-5043, attention Deborah Morrow. All clarifications, questions, or comments must be in writing, NO EXCEPTIONS. C. Inquiries received after 4:00 PM, PST July 2, 2009 will not be accepted. 3. City Responses Responses (Addenda) from the City will be communicated in writing by a posting to our website, no later than the close of business on July 9, 2008. For electronic notification of postings, sign-up for e-Notify on our website: www.sbcit .orb > Items of Interest > e-Notify. E. Submission of Bids 1. Date and Time I All Bids are to be submitted to City of San Bernardino, Attention: Deborah Morrow. Bids received after 3:00 PM, PST, July 15, 2009, will be rejected by the City as non-responsive. 2. Address Bids shall be addressed as follows: City of San Bernardino I 300 N. "D" Street, 4th floor, Purchasing Page 5 of 21 RFQ F-09-19 San Bernardino, CA 92418. Bids may be delivered in person to the Purchasing Department, 4th floor of the above address. 3. Identification of Bids Bidder(s) shall submit a Bid package consisting of: a) a signed original of Bid and Price Form b) One (1) copy. The Bid package shall be addressed as shown above, bearing the Bidder(s) name and address and clearly marked as follows: RFQ F-09-19: New Generation Fire Shelter 4. Acceptance of Bids a. The City reserves the right to accept or reject any and all Bids, or any item or part thereof, or to waive any informalities or irregularities in Bids. © b. The City reserves the right to withdraw this RFQ at any time without prior notice and the City makes no representations that any contract will be awarded to any Bidder(s) responding to this RFQ. C. The City reserves the right to postpone Bid opening for its own convenience. F. Pre-Contractual Expenses Pre-contractual expenses are defined as expenses incurred by the Bidder(s) 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(s) prior to date of award, if any, of the Agreement. Page 6 of 21 RFQ F-09-19 The City shall not, in any event, be liable for any pre-contractual expenses incurred by Bidder(s) in the preparation of its Bid. Bidder(s) 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 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 right to apportion the award among two or more BIDDER(S). H. Acceptance of Order The successful Bidder(s) will be required to accept a Purchase Order in accordance with and including as a part thereof the published Request for Bids, and the RFQ documents including all requirements, conditions and specifications contained therein, with no exceptions other than those specifically listed in the written purchase order. I. Local Preference The City of San Bernardino gives any formal or informal bid submitted by a local bidder for"goods or materials" a one percent (1%) credit or "contractual services" a five percent (5%) credit for comparison purposes with other bidders. For the purposes of this section, "local bidders" shall be bidders for which the point of sale of the goods or materials shall be within the City of San Bernardino, as authorized in Municipal Code Section 3.04.125. Page 7 of 21 RFQ F-09-19 SECTION R. TECHNICAL SPECIFICATIONS Page 8 of 21 City of San Bernardino TECHNICAL SPECIFICATIONS RFQ F-09-19 NEW GENERATION FIRE SHELTER 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 Category I Acceptable / asspecified New Generation Fire Shelter for City of San Bernardino Fire Department Personnel as Personal Protective Equipment. 1. SCOPE As Specified Every Firefighter on the Wildland/Urban Interface fire needs to be equipped with a New Generation Fire Shelter. 2. REQUIREMENTS As Specified No substitution allowed for this item. The Bidder shall only submit a bid for the New Generation Fire Shelter. This New Generation Fire Shelter is known as the industry standard for wildland firefighting/urban interface firefighting agencies. Page 9 of 21 RFQ F-09-19 3. SPECIFICATION New Generation Fire Shelters See Addendum #1 Attached Regular-size, complete, (NW 4240-01-498- 3194). Large, complete, (NW 4240-01-527-5248), The Bidder shall submit a bid for Regular Size New Generation Fire Shelters and Large Size New Generation Fire Shelters complete with liner and protective canvas type cover with military style attachment clips. 4. UNIT PRICE REQUEST See Addendum #1 Attached Unit price shall include all costs (i.e. price, shipping, and 9% sales tax). 5. ADDITION/DELETIONS/SUBSTITUTIONS See Addendum #1 No Substitutions allowed. Attached 6. Delivery See Addendum #1 Vendor must contact the technical authority prior to Attached delivery and shall deliver the equipment to the requested location within the City of San Bernardino limits. Quote shall include cost for shipment of equipment. CATEGORY II - BID INFORMATION ACCEPTABLE Bid prices shall be valid for 120 days due to Acceptable processing re uirements. Page 10 of 21 RFQ F-09-19 SECTION III. BID CONTENT AND FORMS Page 1 I of 21 RFQ r-09-19 _Ili. 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(s), including name, address and telephone; b. proposed working relationship between Bidder(s) 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(s) to the terms of the Bid. Bidder(s) may also propose enhancement or procedural or technical innovations to the Technical Specifications, which do not materially deviate, from the objectives or required content of the project. 2. Exceptions/Deviations State any exceptions to or deviations from the requirements of this RFQ, stating "technical" exceptions on the Technical Specifications form, and "contractual" exceptions on a separate sheet of paper. Where Bidder(s) wishes to propose altemative approaches to meeting the City's technical or contractual requirements, these should be thoroughly explained. Page 12 of 21 • RFQ F-09-19 3. Appendices Information considered by Bidder(s) to be pertinent to this RFQ and which has not been specifically solicited in any of the aforementioned sections may be placed in a separate appendix section. BIDDER(S) 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(s) 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(s), 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)'s response. Bids lacking copies and/or proof of said licenses and/or certifications may be deemed non-responsive and may be rejected. C. COST AND PRICE FORMS Bidder(s) 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 or statement of work; and 3) Bidder(s)'s identification information including a binding signature. Bidder(s) 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. Page 13 of 21 • , RFQ F-09-19 PRICE FORM �e°pr REQUEST FOR RFQ: RFQ F-09-19 DESCRIPTION OF RFQ: New Generation Fire Shelters BUSINESS NAME/ADDRESS: Allstar Fire equipment 12328 Lower Azusa Rd. Arcadia, CA 91006 NAME AUTHORIZED REPRESENTATIVE Jason Broede TELEPHONE: (800) 425-5787 EMAIL: jasonb @allstarfire.com FAX: (626) 652-0919 Please provide the Firm Fixed Price information in the spaces provided below. All prices must include: liner, protective canvas type cover w/military style attachment clips, shipping and 9% sales tax. 1. Regular-Size, complete $ 269 . 70 (N S N:4240-01-498-3194) 2. Large, complete $ 317 .22 (N S N:4240-01-527-5248) Page 14 of 21 ZI RFQ F-09-19 Op PRICE FORM (continued) Are there any other additional or incidental costs that will be required by your firm in order to meet the requirements of the Technical Specifications? Yes / o (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. e you included in your Bid all informational items and forms as requested? (Yes / No . (circle one). If you answered "No", please explain: This offer shall 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 Net % 30 days; unless otherwise stated, payment terms are: Net thirty (30) days. In signing this Bid, Bidder(s) warrants that all certifications and documents requested herein are attached and properly completed and signed. From time to time, the City may issue one or more addenda to this RFQ. Below, please indicate all Addenda to this RFQ received by your firm, and the date said Addenda was/were received. Verification of Addenda Received Addenda No: 1 Received on:7/9/2009 Addenda No: Received on: Addenda No: Received on: AUTHORIZED SIGNATURE: PRINT SIGNER'S NAME AND TITLE: Jaso Broede, Inside Sales Page 15 of 21 RF //A O PRICE FORM (continued) DATE SIGNED: Z/1 n/2nn9 COMPANY NAME & ADDRESS: Allstar Fire Equipment 12328 Lower Azusa Rd. ArraAia CA 91006 PHONE: (626) 652-0900 FAX: (626) 652-0919 EMAIL'.j;q.,;nnh@aii-,tar-fire.com IF SUBMITTING A "NO BID", PLEASE STATE REASON (S) BELOW: Page 16 of 21 RFQ F-09-19 NON - COLLUSION AFFIDAVIT TO: THE COMMON COUNCIL, CITY OF SAN BERNARDINO In accordance with Title 23, United States Code, Section 112, the undersigned hereby states, under penalty of perjury: That he/she has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken action in restraint of free competitive Bid in connection with RFQ F-09-19. Business Name Al l a1-ar Para Pauinment Business Address 12328 Lower Azusa Rd. Arcadia, CA 91006 Signature of Bidder(s) Place of Residence Subscribed and s before me this day of , 20_ Notary Public in and for the unty of State of California. My commission expires 20_ 170 r (� i( Page 17 of 21 CALIFORNIA JURAT WITH AFFIANT STATEMENT See Attached Document (Notary to cross out lines 1-6 below) -I See Statement Below (Lines 1-5 to be completed only by document signer[s], not Notary) �uaa`"`ot DwuMe it 8 r No.1 SIgNWra d Daaarwnl Sgner W.2(if arty) State of /alifornia County of Lo's 14rol r e Subscribed and sworn to (or affirmed) before me on this I 0 71 day of 20-0-T by Dora�" rM Year (t) Uu50 ►L �rNameosow proved to me on the basis of satisfactory evidence to be the person who appeared before me (.) (,) (and WWIi�� f�l1YAS (2) COMM. tIt347465 Z Name o/signer s PtAhc � ° proved to me on the basis of satisfactory evidence z Los ugeks tbtr q paam 32013 to be the person who appeared before me.) Signatu &Iaj slgnaNre of Notary Public Place Notary seal Above OPTIONAL Though the information below is not required by law, it may prove _ valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Top of thumb here Top of thumb here Further Description of Any Attached Document t Title or Type of Document: / W- 611tjsicy1 )g46L1�'tl Document Date: !Ai�M j= t Number of Pages: Signer(s)Other Than Named Above: 0200T National Notary AS tion•9350 De SMA",PO.Box 2402`Cha15woN1.CA 913132402,w NaticnaWdaryory Ilan4 10 Reoroer CaYTolWna1410A)&6821 I?FQ F-09-19 SECTION IV. GENERAL SPECIFICATIONS Page 18 of 21 . RFQ F-09-19 IV. GENERAL SPECIFICATIONS 1. Each Bid shall be in accordance with Request for Bids (RFQ)Number F-09-19. All specifications are minimum. BIDDER(S) are expected to meet or exceed these specifications as written. Bidder(s) 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(s)whom best meets the City's requirements. This may include waiver of minor irregularities or discrepancies, or nonconformity to specifications in appropriate circumstances. Purchase shall be on a best buy basis after due consideration of all relevant factors, including but not limited to, workmanship, accessibility of parts and service, known evidence of manufacturer's responsibility and record, durability and known operational record of product and suitability as well as conformity to City needs and requirements. In all cases the best interest of the City shall prevail in all contract awards. 3. The City of San Bernardino reserves the right to purchase more or less than the quantities specified at unit prices Bid. 4. Bids shall be firm offers, subject to acceptance or rejection within 120 days of the opening thereof. 5. Regular dealer. No Bidder(s) shall be acceptable who is not a reputable manufacturer or dealer of such items as submitted for Bid consideration. 6. All materials, workmanship and finish entering into the construction of the equipment must be of the best of these respective kinds and must conform to the character of the equipment and the service for which it is intended to be used and shall be produced by use of the current manufacturing processes. "Seconds",factory rejects, and substandard goods are not acceptable. 7. Each Bidder(s) shall submit with their Bid a copy of the proposed product specifications, complete detailed drawings, and other descriptive matter in sufficient detail to clearly describe the equipment, materials and parts offered. 8. Manufacturer and/or Contractor shall defend any and all suits and assume all liability for any and all claims made against the City of San Bernardino, or any of its officials or agents for the use of any patented process, device or article forming a part of equipment or any item furnished under the contract. 9. Each Bidder(s)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(s) shall list in their Bid all factory, manufacturers and/or dealer's warranty and/or guarantee coverage and shall submit such written documents evidencing the same attached to the Bid. 11. Successful Bidder(s) (Contractor) shall furnish and deliver to the City complete equipment as proposed and awarded, ready for installation and fully equipped as detailed in these specifications. 12. Price shall be Bid 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, (effective April 1, 2009)computed at the rate of 9%, (this will normally be shown as a separate line item on the price form). 13. City shall make payment within thirty(30) days after the complete delivery and acceptance of the specified items by the City of San Bernardino and receipt of the Contractor's priced invoice. 14. All"standard equipment"is included in any Bid. BIDDER(S)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 excepted in the Bid. Page 19 of 21 RFQ F-09-19 15. The items which the Sidder(s)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 this RFQ specifications shall guarantee that equipment meets specifications as set forth herein. If it is found that equipment delivered does not meet requirements of these specifications the Contractor shall be required to correct the same at their own expense. 17. By submitting a Bid, each Bidder(s)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 Division 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 prices proposed and in complete accordance with all provisions of RFQ No. F-09-19. In most cases the basis of award will be 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 tenure or for one year thereafter shall have any interest, direct or indirect in this contract or the proceeds thereof. Furthermore,the parties hereto covenant and agree that to their knowledge no board member, officer or employee of the City has any interest,whether contractual, non-contractual,financial or otherwise, in this transaction,or in the business of the contracting party other than the City, and that if any such interest comes to the knowledge of either party at any time,a full and complete disclosure of all such information will be made in writing to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4(commencing with Section 1090) or Article 4.6 (commencing with Section 1120)of Division 4 of Title I of the Government Code of the State of California. 21. One Document.These specifications, the Request for Bid, RFQ F-09-19,the Contractor's Bid, any written agreement executed by the parties,the purchase order and all documents referred to in the complete specifications and purchase order, and all written modifications of said documents shall be construed together as one document Anything called for in 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 shall be performed by the contractor,whether specifically set out in the contract or not. All sections of the specifications shall be read as constituting a whole and not as an aggregation of individual parts, and whatever is specified in one section shall be construed as applying to all sections. 22. The City of San Bernardino reserves the right to accept or reject any and all Bids. 23. Prompt payment. Each Bidder(s)may stipulate in their Bid a percentage prompt payment discount to be taken by the City in the event the City makes payment to the Contractor within ten (10)working days of receipt of material and approval of invoice. For the purpose of this provision, payment is deemed to be made on the date of mailing of the City check. NOTE: prompt payment discounts will only be used during Bid evaluation in the case of ties. 24. Inquiries. Direct all inquiries to Deborah Morrow at 909-384-5086. Technical questions may be sent via fax to 909-384-5043, or email to morTow—de@sbcity.org. The answers to material questions will be posted to our website www.sbcity.ore by the dates contained in this document. 25. Bid/Price forms. No Bid will be acceptable unless prices are submitted on the pricing forms furnished herein,and all required forms are completed and included with Bid. Deliver all Bids, signed and sealed, to the Purchasing Division, Finance Department at 300 North"D" Street, Page 20 of 21 RFQ F-09-19 4'h Floor, City Hall, San Bernardino, California 92418. CLEARLY MARK THE RFQ SPECIFICATION TITLE"New Generation Fire Shelter"AND NUMBER F-09-19 ON THE OUTSIDE OF THE ENVELOPE. 26. Time. All Bids must be received in the Purchasing Division no later than 3:00 PM, PST PM PST,July 16, 2009,where at such time and said place Bids will be publicly opened, examined and declared.Any Bid may be withdrawn by Bidder(s)prior to the above scheduled time for the opening of Bids.Any Bid received after that time and date specked 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. 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(s)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(s)for sale to the purchasing body pursuant to the Bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the Bidder(s). 30. Contractor shall indemnify, defend and hold City, its officers, employees and agents harmless from any claim, demand, liability, suit,judgment or expense(including, without limitation, reasonable costs of defense)arising out of or related to Contractor's performance of this agreement, except that such duty to indemnify,defend and hold harmless shall not apply where injury to person or property is caused by City's willful misconduct or sole negligence. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the City shall be considered as"attorney's fees"for the purposes of this paragraph. 31. While not restricting or limiting the foregoing, during the term of this Agreement, Contractor shall maintain in effect policies of comprehensive public, general, and automobile liability insurance, in the amount of$1,000,000 combined single limit, and statutory workers compensation coverage, and shall file copies of said policies with the City's Risk Division prior to undertaking any work under this Agreement.The policies shall name the City as an additional insured and shall provide for ten-(10)day notification to the City if said policies are terminated or materially altered. 33—FAITHFUL PERFORMANCE BOND. Not required. t GeFtified GheGk 8F faithfUl peFfGFFRaAGe bORd made payable to the G ty-ef pei,foi,mani;e ef this GaRtFaGt. Said surety shall be SUbjeGt In the appi:qval of the Gity ef SaR SeMaFdino, bonds shall hp R RGG0FdAR9P Wth QFdiRaRne NP 821, Secti8R 2499, and the 9F betteF. 33. Written contract documents, duly authorized and signed by the appropriate authority, constitute the complete and entire agreement(s)that may result from the RFQ. 34. City may, at its discretion, exercise option year renewals for up to 3 years, in one-year increments. 35. By submitting a Bid, Bidder(s)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(s), 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)'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 Business Registration Certificate during the term of the Agreement. Page 21 of 21