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ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Nadeem Majaj, Director of Subject: Resolution of the Mayor and
Public Works Common Council of the City of San
Bernardino authorizing the execution of an
Dept: Public Works—Operations and Agreement and issuance of a Purchase Order
Maintenance Division (O&M) in the amount of $61,000 with four one-year
extensions at the City's option to C & W
Date: February 28, 2011 Construction Specialties, Inc. for Guardrail
Replacement Services.
Meeting date: March 21, 2011
Synopsis of Previous Council Action:
Recommended motion:
Adopt Resolution. /
Signature
Contact person: Nadeem Majaj, Director of Public Works Phone: 384-5140
Supporting data attached: Staff Report, Resolution Ward: All
Vendor Service Agreement
and Attachment"1"
FUNDING REQUIREMENTS: Amount: $61,000
Source: (Acct.Nos.) FY 10/11
129-160-5504-7380-0025
Acct. Description: Capital Improvement
Project SS-H Guardrail
Repair at Various Locations
Finance:
Council Notes:
Agenda Item No. '-
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the
execution of an Agreement and issuance of a Purchase Order in the amount of$61,000 with four
one-year extensions at the City's option to C & W Construction Specialties, Inc. for Guardrail
Replacement Services.
Background:
The Public Works Department, Operation & Maintenance Division is responsible for
maintaining all guardrails in the City. The Operation & Maintenance Division inspects damaged
guardrails and makes the areas temporarily safe until a contractor can make permanent repairs.
Permanent repairs are prioritized based on severity.
On September 27, 2010, a formal bid process was initiated to solicit bids for guardrail
replacement services. The bid includes a firm fixed fee/unit cost per linear foot and all labor,
materials, traffic control, and equipment. Notices of bids were e-mailed to the Chamber of
Commerce, posted on the web, printed in the newspaper, and sent to ten vendors. Five vendors
responded to RFQ F-I1-09.
Currently ten locations have been identified that require immediate repairs (See Attachment
"A"). However, the bid sheet identified thirteen locations and one section for additional
guardrail replacement services. Location number 2, 7 and 13 were not listed properly. Staff will
confirm these three locations and the remainder of the funds will be used for these locations and
any additional guardrail repairs that are required to maintain public safety.
The vendor, business location, and price quote for guardrail replacement services are listed
below:
Alcorn Fence Modern C&W Danny C.Hubbs Southland
Company Company Alloys, Inc. Construction Construction,Inc. Construction
Specialties,Inc.
City Riverside Stanton Ventura Yucaipa Irvine
Quote $709.50 $1,219.21 $334.62 $699.00 $440.00
Totals
C & W Construction, Specialties, Inc. submitted the lowest qualified bid (See Attachment "I").
C & W Construction Specialties, Inc. has 60 years of experience installing guardrail. Staff
recommends that C & W Construction Specialties, Inc. be issued a Purchase Order in the amount
of$61,000 for guardrail replacement services.
The term of this agreement shall be from March 21, 2011 through June 30, 2011, with four one-
year extensions at the City's option. Option years are subject to an adopted budget approved by
the Mayor and Common Council.
i
Staff Report-Continued
Financial Impact:
Funds for this annual purchase order are contained in the Capital Improvement Program (CIP)
Fiscal Year 10/11 Budget for guardrail repair at various locations (Account No. 129-160-5504-
7380-0025) in the amount of$61,000.
Account Number: 129-160-5504-7380-0025 Budgeted Amount: $75,000
Balance as of March 17, 2011: $61,000 Balance after approval of this item: $0.
Please note this balance does not indicate available funding. It does not include non-
encumbered reoccurring expenses or expenses incurred but not yet processed.
Recommendation:
Adopt Resolution.
2
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RESOLUTION NO. C [P'f
Aft
1
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
2 OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
AND ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $61,000 WITH
3 FOUR ONE-YEAR EXTENSIONS AT THE CITY'S OPTION TO C & W
4 CONSTRUCTION SPECIALTIES, INC. FOR GUARDRAIL REPLACEMENT
SERVICES.
5
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
6 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized to
8 execute on behalf of said City an Agreement between the City of San Bernardino and C & W
9
IO Construction Specialties, Inc., a copy of which is attached hereto, marked as Exhibit "A", and
11 incorporated herein by this reference as fully as though set forth at length.
12 SECTION 2. That pursuant to this determination the Director of Finance or her
13 designee is hereby authorized to issue a Purchase Order in the amount of $61,000 to C & W
14 Construction Specialties, Inc.
15 SECTION 3. The Purchase Order shall reference this Resolution Number and shall
16
read, "C & W Construction Specialties, Inc." The Purchase Order is not to exceed $61,000 and
17
shall incorporate the terms and conditions of the Agreement.
18
19 SECTION 4. The authorization to execute the above referenced Agreement is
20 rescinded if it is not executed by both parties within sixty (60) days of the passage of this
21 resolution.
22
23
24
25
26
27
28 ///
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
1 OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
AND ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $61,000 WITH
2 FOUR ONE-YEAR EXTENSIONS AT THE CITY'S OPTION TO C & W
CONSTRUCTION SPECIALTIES, INC. FOR GUARDRAIL REPLACEMENT
3 SERVICES.
4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor
5
and Common Council of the City of San Bernardino at a meeting thereof,
6
7 held on the day of , 2011 by the following vote,to wit:
8 Council Members: Ayes Nays Abstain Absent
9
MARQUEZ
10
11 VACANT
12 BRINKER
13 SHORETT
14 KELLEY
1
15 JOHNSON
16 MCCAMMACK
17
18
19 City Clerk
20 The foregoing resolution is hereby approved this day of
21 , 2011.
22
23 Patrick J. Morris, Mayor
24 City of San Bernardino
Approved as to Form:
25
26 es F. Penman, City Attorney
27
28
1 VENDOR SERVICE AGREEMENT
2 This Vendor Service Agreement is entered into this 21st day of March 2011, by and
3 between C & W Construction Specialties, Inc. ("VENDOR") and the City of San Bernardino
4 ("CITY"or"San Bernardino").
5 WITNESSETH:
6
WHEREAS, the Mayor and Common Council has determined that it is advantageous
7
8 and in the best interest of the CITY to contract for guardrail replacement services; and
9 WHEREAS, the City of San Bernardino did solicit and accept bids from available
10 vendors for Guardrail Replacement Services per RFQ F-11-09; and,
11 WHEREAS, Vendor is the lowest qualified bidder to provide said services to City;
12 NOW, THEREFORE, the parties hereto agree as follows:
13 1. SCOPE OF SERVICES.
14
'a For the remuneration stipulated, San Bernardino hereby engages the services of
15
16 VENDOR to provide those products and services as set forth in RFQ F-11-09, a copy of which
I 17
is on file in the Public Works Department and a copy of the Bid Summary Sheet is attached
18 hereto as Attachment "1" and incorporated by this reference.
19 2. COMPENSATION AND EXPENSES.
20 a. For the services delineated above, the CITY, upon presentation of an invoice, shall
21
pay the VENDOR up to the amount of$61,000 for guardrail replacement services
22
23 for FY 10/11. For all future option years, City, upon presentation of an invoice, shall
1 24 pay Vendor up to the amount of$61,000 per year.
25 b. No other expenditures made by VENDOR shall be reimbursed by CITY.
26
27
28 Exhibit"A"
I
1 3. TERM; TERMINATION.
2 The term of this Agreement shall be from March 21, 2011 through June 30, 2011, with
3 four one-year extensions at the City's option. Option year one, if exercised, shall be effective
4 July 1, 2011 through June 30, 2012. Option year two, if exercised, shall be effective July 1,
5 2012 through June 30, 2013. Option year three, if exercised, shall be effective July 1, 2013
6
through June 30, 2014. Option year four, if exercised, shall be effective July 1, 2014 through
7
8 June 30, 2015.
9 This Agreement may be terminated at any time by thirty. (30) days' written notice by
10 either party for any reason. The terms of this Agreement shall remain in force unless amended
11 by written agreement of the parties executed on or before the date of expiration of the current
12 term of the Agreement.
13 4. INDEMNITY.
14
Vendor shall defend, indemnify, and hold harmless the City, its officers, employees and
{ 15
;I 16 agents from any claims, demands, lawsuits, liabilities, judgments, or expenses, including
17 attorney's fees, damage to property or injuries to or death of any person or persons or
18 damages of any nature including, but not limited to, all civil claims or workers'
19 compensation claims, to the extent arising out of, pertaining to, or related to the negligence,
20 recklessness, or willful misconduct of Vendor, its employees, agents or subcontractors in
21
the performance of this Agreement, except that such duty to defend, indemnify, and hold
22
23 harmless shall not apply to the extent where injury to person or property is caused by City's
24 negligence, recklessness or willful misconduct. Vendor hereby waives any and all rights to
25 any types of express or implied indemnity against the City, its elected officials, employees,
26 agents or representatives, with respect to third party claims against the Vendor relating to or
27
28 Exhibit "A"
2
1 in any way connected with the accomplishment of the work or performance of services
2 under this Agreement.
3 5. INSURANCE.
4 While not restricting or limiting the foregoing, during the term of this Agreement,
5 VENDOR shall maintain in effect policies of comprehensive public, general and automobile
6
liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
7
8 worker's compensation coverage, and shall file copies of said policies with the CITY's Risk
9 Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
10 additional named insured in each policy of insurance provided hereunder. The Certificate of
11 Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
12 termination in the policy 30 days notice prior to any change or termination of policy.
13 6. NON-DISCRIMINATION.
14
In the performance of this Agreement and in the hiring and recruitment of employees,
15
16 VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
17 discrimination in employment of persons because of their race, religion, color, national origin,
18 ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or
19 sexual orientation, or any other status protected by law.
20 7. INDEPENDENT CONTRACTOR.
21
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
22
23 purposes VENDOR shall be an independent contractor and not an agent or employee of the
24 CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
25 Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
26 Compensation, and other payroll deductions for VENDOR and its officers, agents, and
27
28 Exhibit"A"
3
1 employees, and all business licenses, if any are required, in connection with the services to be
2 performed hereunder.
3 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
4 VENDOR warrants that it possesses or shall obtain, and maintain a business registration
5 certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits,
6
7 qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
8
9 NOTICES.
10 Any notices to be given pursuant to this Agreement shall be deposited with the United
11 States Postal Service, postage prepaid and addressed as follows:
12 TO THE CITY: Public Works Director
13 300 North "D" Street
San Bernardino, CA 92418
14 Telephone: (909) 384-5140
15 TO THE VENDOR: C & W Construction Specialties, Inc.
16 2419 Palma Drive
Ventura, CA 93003
17 Telephone: (805) 642-0204
1 Contact: Kenneth Haley, General Manager
18
9. ATTORNEYS' FEES.
5 19
20 In the event that litigation is brought by any party in connection with this Agreement,
21 the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
22 including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
23 its rights or remedies hereunder or the enforcement of any of the terns, conditions or
24 provisions hereof. The costs, salary and expenses of the City Attorney and members of his
25
26 office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
27 fees" for the purposes of this paragraph.
28 Exhibit "A"
4
1 10. ASSIGNMENT.
2 VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
3 encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
4 written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
5 and shall constitute a breach of this Agreement and cause for the termination of this
6
Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR
7
8 of VENDOR's obligation to perform all other obligations to be performed by VENDOR
9 hereunder for the term of this Agreement.
10 .11. VENUE.
11 The parties hereto agree that all actions or proceedings arising in connection with this
12 Agreement shall be tried and litigated either in the State courts located in the County of San
13
Bernardino, State of California or the U.S. District Court for the Central District of California,
14
Eastern Division. The aforementioned choice of venue is intended by the parties to be
15
16 mandatory and not permissive in nature.
17 12. GOVERNING LAW.
18 This Agreement shall be governed by the laws of the State of California.
19 13. SUCCESSORS AND ASSIGNS.
20 This Agreement shall be binding on and inure to the benefit of the parties to this Agreement
21
and their respective heirs, representatives, successors, and assigns.
22
14. HEADINGS.
23
24 The subject headings of the sections of this Agreement are included for the purposes of
25 convenience only and shall not affect the construction or the interpretation of any of its
26 provisions.
27 1/1
28 Exhibit "A"
5
1 15. SEVERABILITY.
2 If any provision of this Agreement is determined by a court of competent jurisdiction to
3 be invalid or unenforceable for any reason, such determination shall not affect the validity or
4 enforceability of the remaining terms and provisions hereof or of the offending provision in any
5 other circumstance, and the remaining provisions of this Agreement shall remain in full force
6
and effect.
7
8 16. ENTIRE AGREEMENT; MODIFICATION.
9 This Agreement constitutes the entire agreement and the understanding between the
10
parties, and supersedes any prior agreements and understandings relating to the subject manner
11
12 of this Agreement. This Agreement may be modified or amended only by a written instrument
13 executed by all parties to this Agreement.
14 HI
15
16
17
18
19
20
21
22 ///
23
24
25
26
27
28 Exhibit"A"
6
't
1 VENDOR SERVICE AGREEMENT
C & W CONSTRUCTION SPECIALTIES, INC.
I 2
3 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and
I 4 date set forth below.
r
5
6 Dated: , 2011 C & W CONSTRUCTION SPECIALTIES, INC.
I
7
8 By: EX I I 11317 C0P
9 Name:
10 Title:
11
12 Dated 22011 CITY OF SAN BERNARDINO
13
14 By: EX1I11311' ('0111"
15 Charles E. McNeely, City Manager
Approved as to Form:
16
17 By:
James F. Penman, City Attorney
18
19
20
21
22
23
24
25
26
27
28 Exhibit "A"
7
Attachment "A"
Guardrail Replacement Services
CIP Number: SS-H
Ward Location Cost
1 3rd St and Tippecanoe Ave $ 1,320.00
1 4th St and Mt Vernon Ave $ 2,875.50
2 21 st St and Perris Hill Park Rd at bride $ 4,999.20
4 Arden Ave at the southern terminus $ 1,320.00
4 Edgerton Dr and Pershing Ave $ 2,396.25
5 Kendall Dr and E St $ 1,056.00
5 Little Mountain Dr $ 1,003.20
7 30th St and Mayfield Ave $ 2,645.46
7 Colima Rd and Ladera Rd $ 1,003.20
7 Pacific & Arden $ 2,300.40
Additional Guardrail Replacement Services per Linear Foot, as $ 40,080.79
needed
Total $ 61,000.00
1 VENDOR SERVICE AGREEMENT
2 This Vendor Service Agreement is entered into this 21st day of March 2011, by and
3 between C & W Construction Specialties, Inc. ("VENDOR") and the City of San Bernardino
4 ("CITY"or"San Bernardino').
5 WITNESSETH:
6
WHEREAS, the Mayor and Common Council has determined that it is advantageous
7
8 and in the best interest of the CITY to contract for guardrail replacement services; and
9 WHEREAS, the City of San Bernardino did solicit and accept bids from available
10 vendors for Guardrail Replacement Services per RFQ F-11-09; and,
11 WHEREAS, Vendor is the lowest qualified bidder to provide said services to City;
12 NOW,THEREFORE, the parties hereto agree as follows:
13 1. SCOPE OF SERVICES.
14
15 For the remuneration stipulated, San Bernardino hereby engages the services of
16 VENDOR to provide those products and services as set forth in RFQ F-11-09, a copy of which
17 is on file in the Public Works Department and a copy of the Bid Summary Sheet is attached
18 hereto as Attachment"1" and incorporated by this reference.
19 2. COMPENSATION AND EXPENSES.
20 a. For the services delineated above, the CITY, upon presentation of an invoice, shall
21
pay the VENDOR up to the amount of$61,000 for guardrail replacement services
for FY 10/11. For all future option years, City, upon presentation of an invoice, shall
23
24 pay Vendor up to the amount of$61,000 per year.
25 b. No other expenditures made by VENDOR shall be reimbursed by CITY.
26
27
28
1
1 3. TERM; TERMINATION.
2 The term of this Agreement shall be from March 21, 2011 through June 30, 2011, with
3 four one-year extensions at the City's option. Option year one, if exercised, shall be effective
4 July 1, 2011 through June 30, 2012. Option year two, if exercised, shall be effective July 1,
5 2012 through June 30, 2013. Option year three, if exercised, shall be effective July 1, 2013
6
through June 30, 2014. Option year four, if exercised, shall be effective July 1, 2014 through
7
8 June 30, 2015.
9 This Agreement may be terminated at any time by thirty (30) days' written notice by
10 either party for any reason. The terms of this Agreement shall remain in force unless amended
11 by written agreement of the parties executed on or before the date of expiration of the current
12 term of the Agreement.
13 4. INDEMNITY.
14
Vendor shall defend, indemnify, and hold harmless the City, its officers, employees and
15
16 agents from any claims, demands, lawsuits, liabilities, judgments, or expenses, including
17 attorney's fees, damage to property or injuries to or death of any person or persons or
18 damages of any nature including, but not limited to, all civil claims or workers'
19 compensation claims, to the extent arising out of, pertaining to, or related to the negligence,
20 recklessness, or willful misconduct of Vendor, its employees, agents or subcontractors in
21
the performance of this Agreement, except that such duty to defend, indemnify, and hold
22
23 harmless shall not apply to the extent where injury to person or property is caused by City's
24 negligence, recklessness or willful misconduct. Vendor hereby waives any and all rights to
25 any types of express or implied indemnity against the City, its elected officials, employees,
26 agents or representatives, with respect to third party claims against the Vendor relating to or
27
28
2
1 in any way connected with the accomplishment of the work or performance of services
2 under this Agreement.
3 5. INSURANCE.
4 While not restricting or limiting the foregoing, during the term of this Agreement,
5 VENDOR shall maintain in effect policies of comprehensive public, general and automobile
6
liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
7
8 worker's compensation coverage, and shall file copies of said policies with the CITY's Risk
9 Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
10 additional named insured in each policy of insurance provided hereunder. The Certificate of
11 Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
12 termination in the policy 30 days notice prior to any change or termination of policy.
13
6. NON-DISCRIMINATION.
14
15 In the performance of this Agreement and in the hiring and recruitment of employees,
16 VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
17 discrimination in employment of persons because of their race, religion, color, national origin,
18 ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or
19 sexual orientation, or any other status protected by law.
20 7. INDEPENDENT CONTRACTOR.
21
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
22
23 purposes VENDOR shall be an independent contractor and not an agent or employee of the
24 CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
25 Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
26 Compensation, and other payroll deductions for VENDOR and its officers, agents, and
27
28
3
1 employees, and all business licenses, if any are required, in connection with the services to be
2 performed hereunder.
3 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
4 VENDOR warrants that it possesses or shall obtain, and maintain a business registration
5 certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits,
6
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
7
8 to practice its business or profession.
9 NOTICES.
10 Any notices to be given pursuant to this Agreement shall be deposited with the United
11 States Postal Service, postage prepaid and addressed as follows:
12 TO THE CITY: Public Works Director
13 300 North"D" Street
San Bernardino, CA 92418
14 Telephone: (909) 384-5140
15 TO THE VENDOR: C & W Construction Specialties, Inc.
16 2419 Palma Drive
Ventura, CA 93003
17 Telephone: (805) 642-0204
Contact: Kenneth Haley, General Manager
18
9. ATTORNEYS' FEES.
19
20 In the event that litigation is brought by any party in connection with this Agreement,
21 the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
22 including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
23 its rights or remedies hereunder or the enforcement of any of the terms, conditions or
24 provisions hereof. The costs, salary and expenses of the City Attorney and members of his
25
office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
26
27 fees" for the purposes of this paragraph.
28
4
1 10. ASSIGNMENT.
2 VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
3 encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
4 written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
5 and shall constitute a breach of this Agreement and cause for the termination of this
6
Agreement. Regardless of CITY'S consent, no subletting or assignment shall release VENDOR
7
8 of VENDOR's obligation to perform all other obligations to be performed by VENDOR
9 hereunder for the term of this Agreement.
10 11. VENUE.
11 The parties hereto agree that all actions or proceedings arising in connection with this
12 Agreement shall be tried and litigated either in the State courts located in the County of San
13
Bernardino, State of California or the U.S. District Court for the Central District of California,
14
Eastern Division. The aforementioned choice of venue is intended by the parties to be
15
16 mandatory and not permissive in nature.
17 12. GOVERNING LAW.
18 This Agreement shall be governed by the laws of the State of California.
19 13. SUCCESSORS AND ASSIGNS.
20 This Agreement shall be binding on and inure to the benefit of the parties to this Agreement
21
and their respective heirs, representatives, successors, and assigns.
22
23 14. HEADINGS.
24 The subject headings of the sections of this Agreement are included for the purposes of
25 convenience only and shall not affect the construction or the interpretation of any of its
26 provisions.
27
28
5
1 15. SEVERABILITY.
2 If any provision of this Agreement is determined by a court of competent jurisdiction to
3 be invalid or unenforceable for any reason, such determination shall not affect the validity or
4 enforceability of the remaining terms and provisions hereof or of the offending provision in any
5
other circumstance, and the remaining provisions of this Agreement shall remain in full force
6
and effect.
7
8 16. ENTIRE AGREEMENT; MODIFICATION.
9
This Agreement constitutes the entire agreement and the understanding between the
10
11 parties, and supersedes any prior agreements and understandings relating to the subject manner
12 of this Agreement. This Agreement may be modified or amended only by a written instrument
13 executed by all parties to this Agreement.
14
15
16
17
18
29
20
21
22
23
24
25
26
27
28
6
1 VENDOR SERVICE AGREEMENT
C & W CONSTRUCTION SPECIALTIES,INC.
2
3 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and
4 date set forth below.
5
6 Dated: , 2011 C & W CONSTRUCTION SPECIALTIES, INC.
7
8 By.
9 Name:
10 Title:
11
12 Dated , 2011 CITY OF SAN BERNARDINO
13
14 By:
Charles E. McNeely, City Manager
15 Approved as to Form:
16
17 By:
Ja . Penman, CYty Attorney
18
19
20
21
22
23
24
25
�..,. 26
27
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7
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[EC " RFQ F-11-09
[1 ! Guardrail Taint Svc
PRICE FORM
REQUEST FOR QUOTES: RFQ F-11-09
DESCRIPTION OF RFQ: Guardrail Replacement Services
COMPANY NAME C&W Construction Specialties, Inc.
ADDRESS: 2419 Palma Drive
Ventura, CA 93003
PRINT
NAME OF AUTHORIZED
REPRESENTATIVE Kenneth Haley
Provide pricing that is a firm fixed fee/unit cost per linear foot of replaced guardrail and
shall include the furnishing of all labor, materials, traffic control and equipment necessary
to perform guardrail replacement services. (See SECTION I, Technical Specifications.)
APPROX LF COST PER
LOCATION refer to#13 of specs LINEAR FOOT
foradd'I requirements OF GUARDRAIL
1 Third and Tippecanoe 50 Ll L)
2 Arden dead end to Washington 50
3 Perris Hill and Pacific 75 �!I
4 "D" Street to dead end to 29th Y
63
3 5
s 30th and Mayfair 138 q /7
6 Ed erton Dr. and N. Pershing 125
7 E Street and Mt. Vernon 138 01 7
8 Colima and Ladera 38 ;Z6 q0
9 Little Mnt. 38
lo Kendall & E Street 40
Gilbert and 21St Street x/s 29th Pacific b
11 Street 120 16
12 4th St and Mt. Vernon 150 l�t
tl
13 Date and Pacific at Arden 120
14 Add'I Guardrail Replacement Services per LF TBD
16
't
RFQ F-11-09
Guartltail Maint Svc
E
I PRICE FORM
ANNUAL PURCHASE ORDER
Effective on or about December 1, 2010 through June 30, 2011 plus four (4) single-year renewal
options, at the City's discretion for City's requirements,
Option year one if exercised, shall be effective July 1, 2011 through June 30, 2012.
Option year two if exercised, shall be effective July 1, 2012 through June 30, 2013.
Option year three if exercised, shall be effective July 1, 2013 through June 30, 2014.
Option year four if exercised, shall be effective July 1, 2014 through June 30, 2015.
Actual option year pricing shall be negotiated with the successful Bidder(s) prior to exercising of
given option year. Option years shall become effective only upon issuance by the City of a duly
authorized Purchase Order.
Are there any other additional or incidental costs, which will be required by you Arm
in order to meet the requirements of the Technical Specifications? Yes / No
(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.
Have 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 90 days from RFQ close date.
Terms and conditions as set forth in this RFQ apply to this bid.
Cash discount allowable % days; unless otherwise stated, payment terms are:
Net thirty (30) days.
17
k
RFQ F-11-09
(7uardrail klaint Svc
4
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 was/were received.
Verification of Addenda Received
Addenda No: 1 Received on: yci 26,2ay
Addenda No: Received on: Abu 9 ),c;y
Addenda No: Received on:
AUTHORIZED SIGNATURE:
PRINT SIGNER'S NAME AND TITLE: Kenne Haley - General anager
DATE SIGNED: 10-Z.S'-I
COMPANY NAME &ADDRESS: C&W Construction Specialties, Inc.
2419 Palma Drive, Ventura, CA 93003
PHONE:805-642-0204 FAX: 805-642-5141
EMAIL: kenh @cwcs.us Web Address: www.highwayrail.com
IF SUBMITTING A "NO BID", PLEASE STATE REASON(S) BELOW:
18
RFQ F-11-09
Guardrail Maint Svc
SUBCONTRACTOR'S LIST
As required by California State Law, the General Contractor bidding will hereinafter state
the subcontractor who will be the subcontractor on the job for each particular trade or
subdivision of the work in an amount in excess of one-half of one percent of the General
Contractor's total bid and will state the firm name and principal location of the mill, shop,
or office of each. If a General Contractor fails to specify a subcontractor, or if he specifies
more than one subcontractor for the same portion of work to be performed under the
contract in excess of one-half of one percent, he agrees that he is fully qualified to
perform that portion himself and that he shall perform that portion himself.
DIVISION OF NAME OF FIRM OR LOCATION
WORK OR CONTRACTOR CITY
TRADE
Ca
Kenneth Haley
Print Name 1 of e iv
Bidding Company Name: C&W Construction Specialties, Inc.
Address: 2419 Palma Drive, Ventura, CA 93003
REJECTION OF BIDS
The undersigned agrees that the City of San Bernardino reserves the right to reject any
or all bids, and reserves the right to waive informalities in a bid or bids not affected by
law, if to do seems to best serve the public interest.
{ 19
RFQ F-11-09
Guardrail Taint Svc
NON - COLLUSION AFFIDAVIT
TO: THE COMMON COUNCIL, CITY OF SAN BERNARDINO
In accordance with Title 23, United States Code, Section 112, the undersigned
hereby states, under penalty of perjury:
That he/she has not, either directly or indirectly, entered into any agreement,
participated in any collusion, or otherwise taken action in restraint of free
competitive bidding in connection with RFQ F-11-09.
Business Name C&W Construction Specialties, Inc.
Business Address 2419 Palma Drive, Ventura, CA 93003
Signature of bidder X
Place of Residence
Subscribed and swor�efore m� day of 20 W.
Notary Public in and for the County of y e,AkA^ , State of California.
My commission expires �; 20_U_.
_.
20
CALIFORNIA JURAT WITH AFFIANT STATEMENT
See Attached Document (Notary to cross out lines 1-6 below)
❑ See Statement Below (Lines 1-5 to be completed only by document signer[s], not Notary)
Signature of Document Signer No.1 Signature of Document Signer No.2(it any)
State of California
County of YP�1r�A
Subscribed and sworn to (ei afFirrrred) before me on this
57 1h_day of QGtobet- 20 !Z by
Date Month Year
Name of Signer
proved to me X the basis of s factory evidence
KATHRYN M. HOCAMP t to be the person app e before me (.) (,)
Commission# 1741468
Notary Public-California d
Ventura County
COMM MV DOMM24.201 1 r (2)
Name of Signer
proved to me on the basis of satisfactory evidence
to be the person who appeared before me.)
Signature" /-y
Signature of Notary Public
Place Notary Seal Above
OPTIONAL
Though the information below is not required by law, it may prove
valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document. TO of thumb here Top of thumb here
Further Description of Any Attached Document
Title or Type of Document: NO-N C ILUI ICM Fd
Document Date: 0C1c)au—_ .2S-.t 0qV�V Number of Pages:
Signer(s)Other Than Named Above: NA
02007 National Notary Association-9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402-www.NabonalNotary.org Item#5910 Reorder:Call Toll-Free 1-800-876-6827
SINCE 1948 �g�yg i f,('��}c
C66 �f AMER
:onstru ct�oe� AL
SpC�LCiQttie. The VOICE oftheCwa b.Inc..Wj
C & W CONSTRUCTION SPECIALTIES, INC.
License No. 256795 2419 Palma Drive, Ventura, CA 93003 - Phone (805) 642-0204-FAX(805) 642-5141
CERTIFICATE
STATE OF CALIFORNIA
COUNTY OF VENTURA
I HEREBY CERTIFY that during a meeting of the Board of Directors of the C&W Construction
Specialties, Inc. a corporation existing under the laws of the State of California, the following
resolution was duly passed and adopted:
"RESOLVED, that KENNETH HALEY, as Agent of the Corporation, be and is hereby
authorized to execute contract documents for this corporation and that his execution
thereof and with the Corporate Seal affixed, shall be the official act and deed of this
Corporation."
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
the corporation this , day of 0
President
State of California
County of
Subscribed and sworn to (or affirmed) before me on this
7- 7"7' day of V&/.;6, , 20 '0 , by
Date Month Year
KATHRYN M. HCZ (1) -2-tuyb,
Commission # 1741468 t Name of Signer
Notary Public •California �
Ventura County
Comm �t1 proved to me on the basis of satisfactory evidence
to be the person who appeared before me.
Signature -'' '�� •.a�- ���' `�
Signature of Notary Public
..r
Guardrail Maint Svc
3
City of San Bernardino, Finance Department
Purchasing Division
RFQ F-11-09
GUARDRAIL REPLACEMENT SERVICES
Bid Documents to Be Returned by Bidder
Copy of Contractor License III Bid Content and Forms,General Specification#35,Instructions to Offeror(s)
/Bidders
Bidder Experience, Competency, Qualification and Profile (Vendor Document) III
Proposal/Bid Content Forms
Welding Fabrication Certifications
Non-Collusion Affidavit (City Form) instructions to Offeror(s)/Bidders
[ ] Listing of Proposed Subcontractor (City Form) III Proposal/Bid Content and Forms
A' [�] One Original of Bid/Quote vendor Form
Two (2) copies of Bid/Quote vendor Form
Original Firm & Fixed Price Form 111 Bid Content and Forms
Authorized Signatures Instructions to Bidders
Bidder Identification III Bid Content and Forms
[ Addendum Received (City Form) 111 Bid content and Forms
90 Day Bid Validity Statement 111 Bid Content and Forms
Authorized Signatures (City Form) 111 Bid Content and Forms
References III Bid Content and Forms
Proper Identification and Submittal of Proposal/Bid Package, and Price Form
Instructions to Bidders
Bidders are requested to submit this checklist completed with all bid documents.
Bidder(s) are requested to submit this checklist completed with all bid documents. This
list may not be inclusive of all documents needed to submit your RFQ.
t
3
t
CONTRACTORS STATE LICENSE BOAC} V �r �
ACTIVE LICENSE
r Luau 5 `�-�r..«�,•n'
Lx°cn:.UtJumt�Cr
256795 E nttty CORP
8u.inowsWome C & W CONSTRUCTION
�I Alt THEE S 11 N kf'j'*
a
Annex E/305
WELDER, WELDING..OPERATOR OR TACK WELDER QUALIFICATION TEST RECORD
Type of Welder Welder
Name Pedro Rojo Hernandez Identification No. 3314
Welding Procedure Specification No. Pre-Qual Rev Date 7/09/10
Record Actual Values
Variables Used in Qualification Qualification Range
Process/Type[Table 4.10, Item (2)] FCAW
Electrode(single or multiple) [Table 4.9, Item (9)] SINGLE
Current/Polarity
DG-
Position[Table 4.10, Item (5)] 3G 1 G 2G 3G 1 F 2F 3F
Weld Progression[Table 4.10, Item (7)] UPHILL
Backing(YES or NO)[Table 4,10, Item(8)] YES
Material/Spec.[Table 4.10, Item (1)] A36 to
Base Metal
Thickness: (Plate)
Groove 1" . 3/16".TO UNLIMITED
Fillet
Thickness: (Pipe/tube)
Groove
Fillet
Diameter: (Pipe)
Groove
Fillet
Filler Metal [Table 4.10, Item (3)]
Spec. No. A5.2
Class _
F-No.
Gas/Flux Type[fable 4.10, Item (4)]
Other
VISUAL INSPECTION (4.8.1)
Acceptable YES or NO YES
Guided Bend Test Results(4.30.5)
Type Result Type Result
2 3G SIDE BENDS A S D
Fillet Test Results (4.30.2.3 and 4.30.4.1)
Appearance Fillet Size
Fracture Test Root Penetration Macroetch
(Describe the location, nature, and size of any crack or tearing of the specimen.)
Inspected by.-G. LEWIS Test Number 3314
Organization AWS Date 7/09/10
ti ` r �►PHIC TEST RESULTS (4:30.3.1)
t'i +t
Film Identification sulfiCi I XF `�f�re�it'atcs Film Identifcation Results Remarks
Number Number
Interpreted by Test Number
Organization Date
We,the undersigned,certify that the statements in this record are correct and that the test welds were prepared,welded, and
tested in accordance with the requirements of section 4 of ANSI/AWS D1.1, ( 200$ )Struct ral Welding Code—Steel.
Manufacturer or Contractor UW CONSTRUCTION Authorized By l
Form E-4• Date 7-
\4'tNN� iAc� 1 V.S q P-M
t
Annex E/305
WELDER, WELDING,.OPERATOR OR TACK WELDER QUALIFICATION TEST RECORD
Type of Welder Welder
Name Zack Baird 5520 _
• Identification No.
Welding Procedure Specification No, Pre-Qual Rev Date 1 __
err
Record Actual Values
Variables Used in Qualification Qualification Range
Process/Type[Table 4.10, Item (2)) FCAW
Electrode (single or multiple) [Table 4.9, Item (9)) MMLE
Current/Polarity
DC-
Position[Table 4.10, Item (5)] 3G 1 G 2G 3G 1 F 2F 3F
Weld Progression [Table 4.10, Item (7)) UPHILL
Backing(YES or NO)[Table 4.10, Item(8)] YES
Material/Spec.[Table 4.10, Item (1)) to
Base Metal
Thickness: (Plate)
Groove 1" . 3/16".TO UNLIMITED
Fillet
Thickness: (Pipe/tube)
Groove
Fillet
Diameter: (Pipe)
Groove
Fillet
Filler Metal[Table 4.10, Item (3)]
Spec, No. A5.2
Class
E71-T9
F-No.
Gas/Flux Type[Table 4.10, Item (4)]
Other
VISUAL INSPECTION (4.8.1)
Acceptable YES or NO-YES
Guided Bend Test Results (4.30.5)
Type Result Type Result
2 3G IDE BENDS PAS ED
Fillet Test Results(4.30.2.3 and 4.30.4.1)
Appearance Fillet Size
Fracture Test Root Penetration Macroetch
(Describe the location, nature, and size of any crack or tearing of the specimen.)
Inspected by G. LEWIS Test Number 5520
Organization AWS pate 10-18-10
,, Gary FI'41tV MOGRAPHIC TEST RESULTS (4:30.3.1)
<.:" �4 `. (WI 9305051. Film Identifcation
Film Numberation +.,► esUifS1 Ia"k€ ',1/1,5grgrarks
Number Results Remarks
Interpreted by Test Number
Organization Date
We,the undersigned,certify that the statements in this record are correct and that the test welds were prepared,welded, and
tested in accordance with the requirements of section 4 of ANSI/AWS D1.1, ( 2008 )Structural Welding Code—Steel.
Manufacturer or Contractor C&W CONSTROC T ION Authorized By_,-----., )
Form E-4 Date L.2- L6
r
u Annex E/305
WELDER, WELDING OPERATOR OR TACK WELDER QUALIFICATION TEST RECORD
Type of Welder
r
Name Identification No. 3311
Welding Procedure Specification No; 6e VAL, Rev
( Date
` Record Actual Values
Variables Used in Qualification Qualification Range
Process/Type[Table 4.10, Item(2)]
Electrode(single or multiple)[Table 4.9, Item (9)] ��
Current/Polarity
Position[Table 4.10, Item(5)] • �
Weld Progression[Table 4.10, Item(7)] V 6"
L
Backing(YES or NO)[Table 4.10, Item(8)] �s-
Material/Spec. [Table 4.10, Item(1)] ��Tff F�f�CJC/,t/CT
Base Meta! A.3 4 to
Thickness: (Plate)
Groove
Fillet 7-0 ✓�
Thickness: (Pipe/tube)
Groove
Fillet
Diameter: (Pipe)
Groove
Fillet
Filler Metal[Table 4.10, Item (3)]
Spec.No.
Class
F-No.
Gas/Flux Type[Table 4.10, Item(4)] S
Other o
eo
VISUAL INSPECTION(4.8.1)
Acceptable YES or NO T�
Guided Bend Test Results(4.30.5)
Type Result Type
>s?Or -5a�fD 1P�5S Result
3 Cr Arc..6 ffeAlo
Fillet Test Results(4.30.2.3 4.30 4.1) - �✓
Appearance Fillet Size
Fracture Test Root Penetration Macroetch
(Describe the location, nature, and size of any crack or tearing of the specimen.)
inspected by C7 e�— t Test Number l
Organization ws -�-G / Date 4—s'P
RADIOGRAPHIC TEST RESULTS(4:30.3.1)
Film Identification Film Identitcation
_ Number Results Remarks Results Remarks
Number
Interpreted by -` Test Number
—
Date
Organization Date
'rile,the undersigned,certify that the statements in this record are correct and that the test welds were prepared,welded,�,n;1
tested in accordance with the requirements of section 4 of ANSI/AWS D1.1,( -SAD )Structural Welding Mode—Steel.
-
i (ye vianwaciurer or Contractor C(A f �a,t,f .t Authorized By_
Poem F<< _`— Date __
Y,Ww-'t . 1 ,
WELDING CERTIFICATION
Lab Date Date of r
Number* : y Test k.-?'—1v'—.���
�
• //t� THIS IS TO CERTIFY THAT
Name_L—l'iC All f
has satisffactorily completed and passed the welding test requirements
ents
� L of A YSDI-r • G u c ruleA1
The
undersigned testifies that he witnessed the welding and found the
candidate to be competent as detailed on the reverse side of this card.
r
Process -1A\6Z
Base ,1 j
Filler
Metal Metal C%eI&
!`'t' (�
Thickness ` Positions Joints)
Remarks Cdr'�'f�C.1 / :7-0
�3 3er �, 2-.3e
0^ � &EXtpt�`n
cT .�
i SINCE 1946 AGC ° S�
Bf AME9.6�.
consttrruct n CALIFORNIA
Specialties r�•��«���
C.&W CONSTRUCTION SPECIALTIES, INC.
License No.256795 2419 Palma Drive, Ventura, CA 93003-Phone(805)642-0204- FAX(805)642-5141
City of San Bernardino Contract RFQ F-11-09
References
Granite Construction Company P.O. Box 790 805 964-9951 Jeff Grimm
Templeton, CA 93465 Project Manager
Granite Construction Company P.O. Box 6744 805 933-3388 Eric Wildhagen
Santa Barbara, CA 93106 Project Manager
County of Los Angeles 900 South Fremont Avenue 626 458-3116 Colin McCarter
Alhambra, CA 91803-1331 Project Manager
Caltrans 2053 Preisker Lane 805-348-3105 Michael Lew
Suite E Resident Engineer
Santa Maria, CA 93454
Shasta Constructors, Inc. 4150 Fig Tree Lane 530 365-3930 Steve Moseman
Redding, CA 96002 Project Manager
Security Paving P.O. Box 1489 818 767-8418 Hani Jamaleddine or
Sun Valley, CA 91353-1489 Martin Pettee
Project Manager
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SINCE 1948 '/'� i�S
C&� AGC efAME1��*
construction CALIFORNIA
Specialties Th.VOICE d„���,�;��,��.,
C &W CONSTRUCTION SPECIALTIES, INC.
License No. 256795 2419 Palma Drive, Ventura, CA 93003 - Phone (805) 642-0204- FAX(805)642-5141
C & W Construction Specialties, Inc. was founded in 1948 and has based its
operations in the city of Ventura California since 1967. Originally a fencing
company, we have consistently expanded the scope of our operations to include
guardrail, highway safety projects, and all types of custom security systems. We
pride ourselves on the ability to undertake any project, no matter how specialized
or technical. In 60 years of operation, we have expanded our area of operations
throughout California. In addition, we offer materials and expert advice
nationwide for agencies and contractors doing their own installations.
From humble beginnings, C & W has expanded its scope of operations to include
nearly every type of barrier in nearly every type of terrain. Our experienced
project management team is familiar with all government agency standards and
specifications and is capable of quickly determining the materials and
construction methods necessary to create the desired result. The quality of C &
W work is unsurpassed in the industry.
C & W excels in projects that demand automated or sophisticated production
techniques. This approach creates a higher quality result and usually a lower
cost for the customer. Our innovative production team analyzes each job and
determines where added efficiencies can be built into the process. Our
commitment to innovation and technology sets C & W apart from the competition.
C & W offers a complete selection of quality fencing and guardrail materials. Our
knowledgeable sales team is prepared to give our customers rapid answers on
application, price, and availability. We are committed to our customers'
satisfaction and we achieve this through our superior personalized customer
service. In addition, we are continuously working on ways to improve this
service. Soon, our customers will be able to purchase all of our products through
our website.
Over the past decades, C &W has built an expertise and commitment to quality
that is difficult to match. We look forward to the future and the ability to use
emerging technology with our innovative approach to exceed our customers'
expectations. Our goals will continue to be the satisfaction and respect of our
customers and the communities we work in.
Please review our website for additional information on the products services we
offer www.highwayrail.com
RFQ F-11-09
Guardrail Maint Svc
City of San Bernardino
TECHNICAL SPECIFICATIONS
RFQ F-11-09
Guardrail Replacement Services
NOTICE: "SPECIAL INSTRUCTIONS TO THE BIDDER"
The Public Works Department, Streets Division is responsible for maintaining all
guardrails in the City. Guardrail that is damaged as a result of traffic accidents or
weather related tree damage would be repaired or replaced to insure the safety of the
traveling public. The Public Works Department, Streets Division makes the initial
investigation for guardrail repair and makes the area safe until a contractor can complete
a permanent repair. Permanent repairs are prioritized based on severity. The Streets
Division oversees the completion of the permanent repair. The intent of this document is
to solicit proposals from qualified vendors with experience in providing guardrail
replacement services. The City is looking for the most responsive and responsible
vendor that will be committed to provide the City of San Bernardino with guardrail
replacement services. Through a competitive qualification and bid based procurement
process, the City of San Bernardino intends to enter into an agreement with a qualified
vendor for guardrail replacement services.
Services: Bidder shall complete right-hand column indicating brief reasoning for
exceptions to requirements when not acceptable. State "Acceptable" if
requirements are agreeable as set forth in left-hand column.
Whenever the terms "Standard Specifications" is used, it shall mean the latest
edition of Caltrans Standard Specifications and the "Green" Book standards.
FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID
CATEGORY I ACCEPTABLE /AS SPECIFIED
1. GENERAL
The work performed under this Contract shall
include the furnishing of all labor, materials, traffic
control and equipment necessary to perform
guardrail replacement services within the City of San ACCEPTABLE
Bernardino. All work shall be done in accordance
with the latest edition of Caltrans Standard
Specifications and the "Green" Book Standards.
2. WORK ORDERS
The Contractor shall not start work in the City until
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he receives a written work order from the Public
Services Director or his designee. The Contractor
must have such list in his possession before starting
work. The Contractor shall perform only that work
listed and will only be compensated for the work
listed on the work order. All cost for mobilization for
each work order, regardless of quantity of work
requested, shall be considered included in the price ACCEPTABLE
for the requested work and no additional
compensation to the Contractor shall be made. The
start date of work orders shall not exceed fourteen
(14) calendar days. Work orders must be completed
in ten (10) calendar days after start of work.
Contractor shall be liable for liquidated damages
due to delayed start beyond the allotted fourteen
(14) calendar days. Contractor shall also be liable
for liquidated damages due to delayed completion of
work beyond the allotted ten (10) calendar days
after start of work.
3. LOCATIONS OF WORK
The following thirteen (13) locations need guardrail
replacement services:
1. Third and Tippecanoe- Reconstruct MBGR over ACCEPTABLE
drainage channel — (approximately 50 LF).
2. Arden dead end to Washington — MBGR with
wood post (approximately 50 LF).
3. Perris Hill and Pacific—75' MBGR w/SRT, SFT
4. "D" Street to dead end to 29th— 63' MBGR w/2ea
3/wraps
5. 30th and Mayfair— (approximately 138 LF)
6. Edgerton Dr. and N. Pershing — MBGR with
wood post (approximately 125 LF)
7. E Street and Mt. Vernon — (approximately 138
LF)
8. Colima and Ladera— (approximately 38 LF)
9. Little Mnt. — (approximately 38 LF)
10.Kendall and E Street— (approximately 40 LF)
11.Gilbert and 21St Street x/s 29th Pacific Street
(approximately 120 LF and includes terminals
and traffic control).
12.4th St and Mt. Vernon- (approximately 150
LF/Eastside of street).
13.Date and Pacific at Arden (approximately 120
LF)
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4. PRICING
f
Provide a pricing proposal for guardrail
replacement services for all items 1-13 and
provide a pricing proposal that is a fixed fee/unit ACCEPTABLE
cost per LF of guardrail that is replaced. This
fixed fee/unit cost will be used for additional
guardrail replacement services.
*Pricing shall be good through June 30, 2011.
5. DELIVERY OF GUARDRAIL
The guardrails will be delivered within fourteen (14) ACCEPTABLE
calendar days.
6. PREPARATION
It shall be the responsibility of the Contractor to ACCEPTABLE
insure that, prior to any guardrail replacement
services, the area is clear of all debris.
7. TRAFFIC CONTROL
The Contractor shall make every effort to assure the
safety of vehicular and pedestrian traffic during his
operations. The current edition of the "Work Area ACCEPTABLE
Traffic Control Handbook", published by Building
News, Inc., is herein adopted as the minimum safety
guidelines in conjunction with the Traffic Manual
issued by the State of California Department of
Transportation.
Contractor shall not close any street within the City
without first obtaining the approval of the Public
Works Director or City Engineer.
8. HOURS OF OPERATION
The hours of operation for performance of the Work
shall be 7:00 AM to 5:30 PM, Monday through
Friday. No lane closures will be permitted prior to ACCEPTABLE
7:00 AM or after 5:30 PM unless Contractor obtains
prior written approval from the Public Works Director
or City Engineer.
9. CONTRACT LENGTH
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The length of this contract shall be for one (1) year
with four (4) one-year extensions at the City's
option. ACCEPTABLE
10. REFERENCE LIST
Provide three (3) local government agencies and/or
company's previous or current contact references ACCEPTABLE
that support your ability to provide guardrail
replacement services.
11.LICENSES
The vendor represents that it has all licenses,
permits, qualifications and approvals of whatever
nature that are legally required to provide guardrail
replacement services including a City Business ACCEPTABLE
License, Contractors License and that such licenses
and approvals shall be maintained throughout the
term of this Contract.
12. CONTRACTOR NON-COMPLIANCE
A. If the Public Works Department Director, or his
designee, determines that there are deficiencies
in the performance of this Agreement, the Public
Works Director, or his designee, will provide a
written notice to the vendor stating the
deficiencies and specifying a time frame to
correct the specified deficiencies. This time ACCEPTABLE
frame shall be reasonable, as determined by the
Public Services Department Director, or his
designee, to correct the specified deficiencies.
B. Should the VENDOR fail to correct any
1 deficiencies within the stated time frame, the
Public Works Department Director, or designee,
may exercise the following measures:
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1. Deduct from the VENDOR'S payment the
'I amount necessary to correct the deficiency,
including City overhead costs and impose a
deficiency deduction.
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2. Withhold the entire or partial payment.
3. Terminate the contract and award to
second bidder.
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SECTION III.
BID CONTENT AND FORMS
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III. BID CONTENT AND FORMS
A. BID FORMAT AND CONTENT
1. Presentation
Bids should not include any unnecessarily elaborate or promotional
material. Information should be presented in the order in which it is
requested. Lengthy narrative is discouraged, and presentations should be
brief and concise. Bids shall contain the following:
a. identification of Bidder, including name, address and telephone;
b. proposed working relationship between Bidder and subcontractors, if
applicable;
C. acknowledgment of receipt of all RFQ addenda, if any;
d. name, title, address and telephone number of contact person during
period of bid evaluation;
e. a statement to the effect that the bid shall remain valid for a period
of not less than 90 days from the date of submittal; and
f. signature of a person authorized to bind Bidder to the terms of the
bid.
Bidder may also propose enhancement or procedural or technical
innovations to the Technical Specifications which do not materially
deviate from the objectives or required content of the project.
2. Exceptions/Deviations
State any exceptions to or deviations from the requirements of this RFQ,
stating "technical" exceptions on the Technical Specifications form, and
"contractual" exceptions on a separate sheet of paper. Where Bidder
wishes to propose alternative approaches to meeting the City's technical or
contractual requirements, these should be thoroughly explained.
3. Qualifications, Related Experience and References of Bidder
This section of the bid should establish the ability of Bidder to satisfactorily
perform the required work by reasons of experience in performing work of a
similar nature; demonstrated competence in the services to be provided;
strength and stability of the firm; staffing capability; work load; record of
0 meeting schedules on similar projects; and supportive client reference.
Bidder shall:
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a. provide a brief profile of the firm, including the types of services
r offered; the year founded; form of the organization (corporation,
partnership, sole proprietorship); number, size and location of
offices; number of employees;
b. describe the firm's experience in performing work of a similar nature
to that solicited in this RFQ:
C. provide, as a minimum, three (3) references from current customers
of a similar size as the City as related experience; reference shall
furnish the name, title, address and telephone number of the
person(s) of the client organization who is most knowledgeable
about the work performed.
4. Appendices
Information considered by Bidder to be pertinent to this RFQ and which has
not been specifically solicited in any of the aforementioned sections may be
placed in a separate appendix section. Bidders are cautioned, however,
that this does not constitute an invitation to submit large amounts of
extraneous materials; appendices should be relevant and brief.
B. LICENSING AND CERTIFICATION REQUIREMENTS
By submitting a bid, bidder warrants that any and all licenses and/or certifications
required by law, statute, code or ordinance in performing under the scope and
specifications of this RFQ are currently held by bidder, and are valid and in full
force and effect. Copies or legitimate proof of such licensure and/or certification
shall be included in bidder's response. Bids 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 shall complete the Price Form in its entirety including: 1) all items listed
and total price; 2) all additional costs associated with performance of
specifications; and 3) Bidder's identification information including a binding
signature.
Bidder shall state cash discounts offered. Unless discount payment terms are
offered, payment terms shall be "Net 30 Days". Payment due dates, including
discount period, will be computed from date of City acceptance of the required
services or of a correct and complete invoice, whichever is later, to the date City's
check is mailed. Any discounts taken will be taken on full amount of invoice,
unless other charges are itemized and discount thereon is disallowed.
Freight terms shall be F.O.B. Destination, Full Freight Allowed, unless otherwise
specified on price form.
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