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ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Dept: Public Services
Subject: Resolution of the Mayor and
Common Council of the City of San
Bernardino authorizing the execution of
a new Agreement and issuance of an
Annual Purchase Order in the amount of
$306,000 for FY 08-09 between the City
of San Bernardino and "Y" Tire Sales for
new and recapped tires, tubes and
related repair services for City vehicles
and equipment, to be utilized by the
Fleet Division.
From: Ken Fischer, Director
Date: October 1, 2008
Meeting Date: October 6, 2008
Synopsis of Previous Council Action:
September 15, 2008- Council continued this item to the October 6, 2008 meeting
August 4,2008 Reso 2008-311 Interim PO with increase of $65,000
April 16, 2007 Reso 2007-126 Annual PO with increase of $30,000
Recommended Motion:
Adopt Resolution.
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Contact Person: Don Johnson, Fleet Manager
Phone:
5220
Supporting data attached:
Staff Report, Resolution, Vendor Service
Agreement and Attachments "1" and "2".
Ward:
All
FUNDING REQUIREMENTS:
Amount:
$306,000
Source:
635-341-5111
Material & Supplies
Council Notes:
HCVlous,-y
Finance:
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Agenda Item No. ~~
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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 a new Agreement and issuance of an Annual Purchase Order in the
amount of $306,000 for FY 08-09 between the City of San Bernardino and "Y" Tire
Sales for new and recapped tires, tubes and related repair services for City vehicles and
equipment, to be utilized by the Fleet Division.
Background:
Note: This item was continued in order to clarify the total amount needed for tires.
That information is in the "Financial Impact" section below.
The City purchases a variety of tires for use on Integrated Waste equipment, light
vehicles, certified pursuit tires for police vehicles, and off road equipment. Heavy-duty
truck tires may be recapped up to eight times before the tire carcass is worn out.
Recapping involves replacing the tread face of the tire. The use of recapped tires
provides cost savings over the use of new tires.
On July 8, 2008, the Finance Department notified the Fleet Division that this purchase
order needed to be bid and would not be renewed as a "selected source" as it has been
done in the past. An interim purchase order was issued for $24,990. On August 4,
2008, the Mayor and Common Council approved Resolution 2008-311 authorizing an
increase of $65,000 to the interim purchase order for a total of $89,990.
On July 17, 2008, notices for bid # RFQ F-09-01 (Attachment "1" of Agreement) were
sent to twenty-five (25) vendors, twelve of which were local vendors, the San
Bernardino Area Chamber of Commerce, advertised on the City's Web Page and in the
San Bernardino County Sun Newspaper. No local vendors are able to supply the tires.
The bid documents requested unit pricing for new and recapped tires, tubes and related
repair services, but did not guarantee a total amount.
The vendor, business location, and price quote are listed below.
Vendor
"Y" Tire Sales
Daniels Tire Service
Location
Los Angeles
Riverside
Quote
$3,298.71*
$3,353.28*
* This total amount is the sum of 30 individual tire size prices (unit price) for equipment
serviced by the Fleet Division. Overall, the unit prices for "Y" Tire Sales are lower than
the pricing for Daniels Tire Service. A complete bid summary sheet is attached
(Attachment "2" of Agreement). Since "Y" Tire Sales submitted the lowest qualified bid,
staff recommends that Council authorize the execution of a new Agreement and issue
an Annual Purchase Order in the amount of $306,000 for FY 08-09 to "Y" Tire Sales for
new and recapped tires, tubes and related repair services. Staff also recommends
closing the interim purchase order before the new purchase order is issued.
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report - Continued
Financial Impact:
The Fleet Division estimates that they will need to purchase approximately $395,990 in
tires from "Y" Tires during FY 2008-09. Currently the Fleet Division has a PO with "Y"
Tires in the amount of $89,990 which is expected to get Fleet through until the end of
the month. The total estimated amount needed for the remainder of the year is
$306,000. Therefore Fleet is requesting that the Finance Director or designee be
authorized to issue a new PO in the amount of 306,000 to Y Tires.
Recommendation:
Authorize the Director of Finance or Designee to issue a PO to Y Tires in the amount of
$306,000.
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A NEW AGREEMENT
AND ISSUANCE OF AN ANNUAL PURCHASE ORDER IN THE AMOUNT OF
$306,000 FOR FY 08-09 BETWEEN THE CITY OF SAN BERNARDINO AND "Y"
TIRE SALES FOR NEW AND RECAPPED TIRES, TUBES AND RELATED REPAIR
SERVICES FOR CITY VEHICLES AND EQUIPMENT, TO BE UTILIZED BY THE
FLEET DIVISION.
WHEREAS, The current interim Purchase Order Number 302233 with "Y" Tire
Sales will remain open and a new purchase order and agreement will be issued in the
amount of $306,000 for FY 08-09.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That "Y" Tire Sales submitted the lowest bid for the purchase of
new and recapped tires, tubes, and related repair services per RFQ F-09-01.
SECTION 2. The Acting City Manager of the City of San Bernardino is hereby
authorized to execute on behalf of said City an Agreement between the City of San
Bernardino and "Y" Tire Sales, a copy of which is attached hereto, marked as Exhibit
"A", and incorporated herein by this reference as fully set forth at length.
SECTION 3. That pursuant to this determination the Director of Finance or
hislher designee is hereby authorized to issue a new Annual Purchase Order to "Y"
Tire Sales in the amount of $306,000.
SECTION 4. The Purchase Order shall reference this Resolution No.
and shall read, ""Y" Tire Sales for new and recapped tires, tubes, and
related repair services, $306,000 for FY 08-09" and shall incorporate the terms and
conditions of the agreement.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A NEW AGREEMENT
AND ISSUANCE OF AN ANNUAL PURCHASE ORDER IN THE AMOUNT OF
$306,000 FOR FY 08-09 BETWEEN THE CITY OF SAN BERNARDINO AND "Y"
TIRE SALES FOR NEW AND RECAPPED TIRES, TUBES AND RELATED REPAIR
SERVICES FOR CITY VEHICLES AND EQUIPMENT, TO BE UTILIZED BY THE
FLEET DIVISION.
SECTION 5. The authorization to execute the above referenced Purchase
Order and Agreement is rescinded if it is not executed within sixty (60) days of the
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passage of this resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A NEW AGREEMENT
AND ISSUANCE OF AN ANNUAL PURCHASE ORDER IN THE AMOUNT OF
2 $306,000 FOR FY 08-09 BETWEEN THE CITY OF SAN BERNARDINO AND "Y"
TIRE SALES FOR NEW AND RECAPPED TIRES, TUBES AND RELATED REPAIR
SERVICES FOR CITY VEHICLES AND EQUIPMENT, TO BE UTILIZED BY THE
FLEET DIVISION.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a
7 meeting thereof, held on the
8 following vote, to wit:
day of
, 2008, by the
9 Council Members:
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AYES
NAYS
ABSTAIN ABSENT
ESTRADA
BAXTER
BRINKER
14 DERRY
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16 JOHNSON
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KELLEY
MCCAMMACK
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Ra.chel G. Clark, City Clerk
The foregoing resolution is hereby approved this
,2008.
day of
Patrick J. Morris, Mayor
City of San Bernardino
Approved as to Form:
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 6th day of October 2008, by and
between "Y" Tire Sales ("VENDOR") and the City of San Bernardino ("CITY" or "San
Bernardino").
WITNESSETH:
WHEREAS, the Mayor and Common Council has determined that it is advantageous
and in the best interest of the CITY to contract for new and recapped tires, tubes and related
repair services for City vehicles and equipment; and
WHEREAS, the City of San Bernardino did solicit and accept bids from available
vendors for new and recapped tires, tubes and related repair services for City vehicles and
equipment; and,
WHEREAS, Vendor is the lowest bidder to provide said services to City; and,
WHEREAS, this new Agreement supersedes all previous Agreements with the vendor;
NOW, THEREFORE, the parties hereto agree as follows:
I. SCOPE OF SERVICES.
For the remuneration stipulated, San Bernardino hereby engages the services of
VENDOR to provide those products and services as set forth in Bid Specifications No. RFQ F-
09-01, for new and recapped tires, tubes and related repair services for City vehicles and
equipment, dated August 7, 2008, attached hereto as Attachment "I" and incorporated herein
by this reference.
2. COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR pursuant to the bid summary sheet for vendor attached hereto as
Attachment "2" and made a part hereto the not to exceed $306,000 for FY 08-09 for
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new and recapped tires, tubes and related repair services for City vehicles and
equipment.
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
3. TERM; TERMINATION.
The term of tills agreement shall be from October 6, 2008 through June 30, 2009.
This Agreement may be terminated at any time by thirty (30) days prior written notice
by either party. The terms of this Agreement shall remain in force unless amended by written
agreement of the parties executed on or before date of expiration of current term of the
agreement.
4. INDEMNITY.
Vendor agrees to and shall indemnify and hold the City, its elected officials, employees,
agents or representatives, free and harmless from all claims, actions, damages and liabilities of
any kind and nature arising from bodily injury, including death, or property damage, based on
asserted upon any or alleged act or omission of Vendor, its employees, agents, or
subcontractors, relating to or in any way connected with the accomplishment of the work or
performance of service under this Agreement, unless the bodily injury or property damage was
actually caused by the sole negligence of the City, its elected officials, employees, agents or
representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its
own expense, including attorney's fees the City, its elected officials, employees, agents or
representatives from any and all legal actions based upon such actual or alleged acts or
omissions. Vendor hereby waives any and all rights to any types of express or implied
indemnity against the City, its elected officials, employees, agents or representatives, with
respect to third party claims against the Vendor relating to or in any way connected with the
accomplishment of the work or performance of services under this Agreement.
Exhibit "An
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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 $2,000,000.00 combined single limit, and statutory
worker's compensation coverage, and shall file copies of said policies with the CITY's Risk
Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
additional named insured in each policy of insurance provided hereunder. The Certificate of
Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
termination in the policy.
6. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or
sexual orientation, or any other status protected by law.
7. INDEPENDENT CONTRACTOR.
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
purposes VENDOR shall be an independent contractor and not an agent or employee of the
CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
Compensation, and other payroll deductions for VENDOR and its officers, agents, and
employees, and all business licenses, if any are required, in connection with the services to be
performed hereunder.
Exhibit "A"
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8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits,
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
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:
Public Services Director
300 North "D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
TO THE VENDOR:
"Y" Tire Sales
1941 N. Marianna Ave.
Los Angeles, CA 90032
Telephone: (323) 223-1391
Contact: Jack Shoemaker
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.
Exhibit "A"
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VENDOR shall not voluntarily or by operation of law assIgn, transfer, sublet or
encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
and shall constitute a breach of this Agreement and cause for the termination of this
Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR
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.
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Exhibit "A"
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16. SEVERABILITY.
If any provision of this Agreement is determined by a court of competent jurisdiction to
be invalid or unenforceable for any reason, such determination shall not affect the validity or
enforceability of the remaining terms and provisions hereof or of the offending provision in any
other circumstance, and the remaining provisions of this Agreement shall remain in full force
and effect.
17. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supercedes any prior agreements and understandings relating to the subject manner
of this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
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Exhibit "A"
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VENDOR SERVICE AGREEMENT
"Y" TIRE SALES
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and
date set forth below.
,2008
VENDOR.
Dated:
By:
Its:
,2008
CITY OF SAN BERNARDINO
Dated
By:
Lori Sassoon, Acting City Manager
Approved as to Form:
By:
James F. Penman, City Attorney
Exhibit "A"
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 6th day of October 2008, by and
between "Y" Tire Sales ("VENDOR") and the City of San Bernardino ("CITY" or "San
Bernardino").
WITNESSETH:
WHEREAS, the Mayor and Common Council has determined that it is advantageous
and in the best interest of the CITY to contract for new and recapped tires, tubes and related
repair services for City vehicles and equipment; and
WHEREAS, the City of San Bernardino did solicit and accept bids from available
vendors for new and recapped tires, tubes and related repair services for City vehicles and
equipment; and,
WHEREAS, Vendor is the lowest bidder to provide said services to City; and,
WHEREAS, this new Agreement supersedes all previous Agreements with the vendor;
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated, San Bernardino hereby engages the services of
VENDOR to provide those products and services as set forth in Bid Specifications No. RFQ F-
09-01, for new and recapped tires, tubes and related repair services for City vehicles and
equipment, dated August 7,2008, attached hereto as Attachment "1" and incorporated herein
by this reference.
2. COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR pursuant to the bid summary sheet for vendor attached hereto as
Attachment "2" and made a part hereto the not to exceed $306,000 for FY 08-09 for
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new and recapped tires, tubes and related repair services for City vehicles and
equipment.
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
3. TERM; TERMINATION.
The term of this agreement shall be from October 6,2008 through June 30, 2009.
This Agreement may be terminated at any time by thirty (30) days prior written notice
by either party. The terms of this Agreement shall remain in force unless amended by written
agreement of the parties executed on or before date of expiration of current term of the
agreement.
4. INDEMNITY.
Vendor agrees to and shall indemnify and hold the City, its elected officials, employees,
agents or representatives, free and harmless from all claims, actions, damages and liabilities of
any kind and nature arising from bodily injury, including death, or property damage, based on
asserted upon any or alleged act or omission of Vendor, its employees, agents, or
subcontractors, relating to or in any way connected with the accomplishment of the work or
performance of service under this Agreement, unless the bodily injury or property damage was
actually caused by the sole negligence of the City, its elected officials, employees, agents or
representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its
own expense, including attorney's fees the City, its elected officials, employees, agents or
representatives from any and all legal actions based upon such actual or alleged acts or
omissions. Vendor hereby waives any and all rights to any types of express or implied
indemnity against the City, its elected officials, employees, agents or representatives, with
respect to third party claims against the Vendor relating to or in any way connected with the
accomplishment of the work or performance of services under this Agreement.
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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 $2,000,000.00 combined single limit, and statutory
worker's compensation coverage, and shall file copies of said policies with the CITY's Risk
Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
additional named insured in each policy of insurance provided hereunder. The Certificate of
Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
termination in the policy.
6. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or
sexual orientation, or any other status protected by law.
7. INDEPENDENT CONTRACTOR.
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
purposes VENDOR shall be an independent contractor and not an agent or employee of the
CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
Compensation, and other payroll deductions for VENDOR and its officers, agents, and
employees, and all business licenses, if any are required, in connection with the services to be
performed hereunder.
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8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits,
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
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:
Public Services Director
300 North "D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
TO THE VENDOR:
"Y" Tire Sales
1941 N. Marianna Ave.
Los Angeles, CA 90032
Telephone: (323) 223-1391
Contact: Jack Shoemaker
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.
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VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
and shall constitute a breach of this Agreement and cause for the termination of this
Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR
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 ofCalifomia,
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 ofthis Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
provisions.
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16. SEVERABILITY.
If any provision of this Agreement is determined by a court of competent jurisdiction to
be invalid or unenforceable for any reason, such determination shall not affect the validity or
enforceability of the remaining terms and provisions hereof or of the offending provision in any
other circumstance, and the remaining provisions of this Agreement shall remain in full force
and effect.
17. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supercedes any prior agreements and understandings relating to the subject manner
of this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
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VENDOR SERVICE AGREEMENT
"Y" TIRE SALES
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and
date set forth below.
,2008
VENDOR.
Dated:
By:
Its:
,2008
CITY OF SAN BERNARDINO
Dated
By:
Lori Sassoon, Acting City Manager
Approved as to Form:
7/~
F. Penman, City Attorney
(
ATTACHMENT "1"
"Y"
TIRE SALES
GOODIYEAR
1941 Marianna Avenue. Los Angeles, California 90032
Telephone: (323) 223-1391 . Fax: (323) 222-3672
August 8, 2008
CITY OF SAN BERNARDINO
300 North "D" Street
4th floor, Attn: Deborah Morrow
San Bernardino, CA 92418
Re: Bid request F -09-0 I for Tires - New and Recapped for Vehicles /
Equipment
Y Tire Sales, Inc. was incorporated in 1923. Our 35,000 square foot Commercial
Truck Tire Dept and Retread Plant in Los Angeles services all of Southern
California. We have Serviced your city for over six years, with pick up and
delivery every Monday and Tuesday & emergency deliveries daily. We look
forward to many more years of servicing the City of San Bernardino.
Sincerely,
~@~~
tfu~k M Shoemaker
General Manager
Y TIRE SALES, INC.
1941 Marianna Ave.
Los Angeles. CA 90032
PH 323 223 1391
FX 3232222372
CL 323 855 5443
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City of San Bernardino, Finance Department
Purchasing Division
Bid Documents to Be Returned
RFQ F-09-01
TIRES - NEW AND RECAPPED FOR VEHICLES f EQUIPMENT
Copy of Contractor License III Bid Contenl and Forms, Gen...., Spedficafton #35, Instrudlons 10 Offeror(s)
I Bidden;
Bidder Exoerience, Competency, Qualification and Profile (Vendor Document) III
Proposal I Bid Content Forms
Non-Collusion Affidavit (City Form) Inslrucllons10 Offeror(s)/Bidders
Lietin€) Clf PrepClGod SllbsoRtrastor (City Form) III P"~B.al! Bid CaRIBn! BRd 'B".
Price Form (City Form) Ins'ruct!on.lO Bidders, III Bid Conlenl and Forms
Authorized Signatures Instructions 10 Bidders
Bidder Identification III Bid Conlen' and Forms
Addendum Received III Bid Conlenland Forms
90 Day Bid Validity Statement III Bid Conlent and Forms
Authorized Signatures III Bid Content and Forms
References III ~~'%~ and Fonns
Proper Identification and Submittal of ProposalfBid Package, and Price Form
Instnictions to Bidders
Bidders are reauested to submit this checklist completed with all bid documents.
SECTION I.
INSTRUCTIONS TO BIDDERS
I. INSTRUCTIONS TO BIDDERS
A. Examination of Bid Documents
1. By submitting a bid, the Bidder represents that it has thoroughly examined
and become familiar with the items required under this 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 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.
B. Addenda
Any City changes to the requirements will be made by written addendum to this
RFO. 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 RFO as the result of oral instruction.
C. Clarifications
1. Examination of Documents
Should a Bidder require clarifications of this RFQ, the Bidder shall notify
the City in writing in accordance with Section C.2 below. Should it be
found that the point in question is not clearly and fully set forth, the City
will issue a written addendum clarifying the maUer, which will be sent to all
persons who have requested the RFO.
2. Submittina Reauests
a. All questions, clarifications or comments shall be put in writing and
must be received by the City no later than July 23, 2008, and be
addressed
Cil'J of San Bernardino
300 North "0" Street
4th floor, Altn: 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.
3
The City will also accept questions sent by facsimile machines;
however, all faxed questions must be received by the City no later
than the date and time specified above. Send facsimile
transmissions to (909) 384-5043, attention: Deborah Morrow.
c. Inquiries received after 5:00 PM, PST, July 23, 2008, will not be
accepted.
3. City Responses
Responses from the City will be communicated in writing to all recipients
of this RFQ, and will be posted to the City's web page: www.sbcitv.org, faxed,
or postmarked no later than the close of business on July 28, 2008.
O. Submission of Bids
1. Date and Time
All bids are to be submitted to City of San Bemardino, Attention: Deborah
Morrow. Bids received after 3:00 PM. PST Auaust 7. 2008, will be
rejected by the City as non-responsive.
2. Address
Bids shall be addressed as follows:
City of San Bernardino
300 N. "0" Street, 4th floor - Purchasing
San Bernardino, CA 92418.
Bids may be delivered in person to the Purchasing Division. 4th floor of
the above address.
3. Identification of Bids
Bidder shall submit a bid package consisting of:
a) one (1) signed original and one (1) copy, (including price
form) in a sealed envelope.
The bid package shall be addressed as shown above, bearing the
Bidder's name and address and clearly marked as follows:
"RFQ F-09-01:
Tires. New and Recapped for Vehicles I Equipment"
4. Acceptance of Bids
4
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 responding to this RFQ.
c. The City reserves the right to postpone bid opening for its own
convenience.
E. Pre-Contractual Expenses
Pre-contractual expenses are defined as expenses incurred by the Bidder in:
1. preparing its bid in response to this RFQ;
2. submitting that bid to City;
3. negotiating with City any matter related to this bid; or
4. any other expenses incurred by the Bidder prior to date of award, if any. of
the Agreement.
The City shall not, in any event, be liable for any pre-contractual expenses
incurred by Bidder in the preparation of its bid. Bidder shall not include any such
expenses as part of its bid.
F. Contract Award
Issuance of this RFQ and receipt of bids does not commit the City to award a
Purchase Order. The City reserves the right to postpone bid opening for its own
convenience, to accept or reject any or all bids received in response to this RFQ,
and to negotiate with other than the selected Bidder(s) should negotiations with
the selected Bidder(s) be terminated. The City also reserves the riQht to
apportion the award amonq two or more Bidders.
G. Acceptance of Order
The successful Bidder will be required to accept a Purchase Order in accordance
with and including as a part thereof the published Notice Inviting Bids, and the
RFQ documents including all requirements, conditions and specifications
contained therein, with no exceptions other than those specifically listed in the
written purchase order.
5
,
i
SECTION II.
TECHNICAL SPECIFICATIONS
6
city of San Bernardino
TECHNICAL SPECIFICATIONS
RFQ F-09-01
TIRES - NEW / RECAP FOR VEHICLES AND EQUIPMENT
NOTICE : "SPECIAL INSTRUCTIONS TO THE BIDDER"
Services:
Bidder shall complete right-hand column indicating brief reasoning for
exceptions to requirements when not acceptable. State "Acceptable" if
requirements are agreeable as set forth in left-hand column.
Equipment:
Bidder shall complete right-hand column indicating specific size and or
make and model of all components when not exactly as specified. State
"As Specified" if item is exactly as set forth in the left-hand column..
FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INV ALmATE BID
A.GENERAL ACCEPTABLE / AS
SPECIFIED
This specification describes the City of San Bernardino's
annual need for new, recapping, and repair of tires. All
materials used in the process of retreading and repairing
tires shall conform to specifications. Bidders ~ bid
for all tires as the City desires one vendor for recaps,
new (light) and new (heavy). All tires must be Goodyear
or Michelin. The successful bidder shall insure ACt"~ R Tn ~J.€
availability of tires to support a minimum of thirty (30)
days of the City of San Bernardino's fleet operations,
specifically the Integrated Waste Management and
Police Fleets.
The City of San Bernardino as purchaser reserves the
right to reject any or all bids, to waive any informality in
bids, to accept in whole or in part such bid or bids and to
award the contract to other than the lowest bidder at its
discretion, as may be deemed in the best interest of the
purchaser.
B. RECAPPING/RETREADING HEAVY DUTY TIRES
1. Require seamless cap with a Goodyear or Michelin
Mold type bonding process or equivalent. Solice in
tread area not accentable.
7
2. Tread rubber (mold cure) shall contain no less than
50% rubber hydrocarbons by weight Tread rubber
shall have a minimum of 25% and a maximum of
40% polybutadine, and have the following
minimum/maximum physical properties:
a. Tensile Strength (PSI) 2200
b. Elongation Percent 430 / 600
AUEr?PI8lt:
c. Modulas at 300% 1100/1700
d. Hardness 60/70
e. Specific gravity 1105/1135
3. Tread Depth Requirements:
a. 26/32 deep standard rib /!cce~ """'6t~
b. 32/32 waste hauling lug
4. Tread Design:
a. Waste hauling lug
ACt: & I? rA et.!i
b. Standard highway rib
5. Tread Width. The tread width used shall be
determined by the requirements of the casing. The Ace;e{? 'T79 8~e=
maximum acceptable width shall be used unless
otherwise requested.
6. Curing Temperatures. All tires shall be cured at a
temperature not to exceed 300 degrees F. /1 a.,r~ r-ftSl.c
-
7. Pick-up and Delivery. All tires for recapping and
repairs shall be picked up and delivered to the Fleet
Garage at: 182 S. Sierra Way, San Bernardino on a ~~c4~n1d,t.e
weekly basis. All tires shall have one-week turn
around time.
8. Recapper shall perform nail hole repairs and section
repairs at no additional cost to the City. A~c'l:-/'> r;f4,t.~
9. Recapped tires shall be branded using a City of San
Bernardino code to indicate number of times
recapped and serial number for tire tracking. Aacf7 rAt3LC
10. Disposition of all tires picked up shall be Identified on
appropriate invoice. Tires not recappable shall be II Cc.~f7 ,II"L C
identified as to reason and retumed as RAR.
8
11. Below is a partial listing of tires presently being
purchased/recapped. Quantities are approximate
and no guarantee is made as to the actual quantities
to be purchased.
Tire Size and Annual Usage /1a~;?r4'3tc
Tire Size OTY
315/80R22.5 REAR RECAP ONLY-LUG TREAD 911
315/80R22.5 RECAP STEER CERTIFIED 134
12. Successful bidder will insure that they maintain a
minimum of 30 days stock of tires required to -'fee. 6P m8t..;
support the City of San Bernardino Fleet operations.
C. NEW TIRES - LIGHT AND HEAVY EQUIPMENT
1. PatrollPursuit Tires shall be certified as such by the
manufacturer and be currently certified for use by /'lee. ~r? mOt.t
either the California Highway Patrol or Los Angeles
County Sheriff.
2. Police pursuit tires will be the same OEM brand of
tires supplied with vehicle (Ford Crown Victoria). I'/&t:.t"/? 7748l.tE"
3. All passenger car tires shall have a minimum 75,000
mile rating. Ace-to'? n9tt.Le
4. New heavy equipment tires shall be branded using
the City of San Bernardino numbering system to A.:&.~r? m 8LE
indicate serial number and manufacturer date.
.
D. TIRE WARRANTY AND FAILURE ADJUSTMENTS
1. Tires failing before 25% of original tread is wom
shall be refunded at the full tread cost. 4,:e;~;?r"($LC
2. Tires failing beyond the 25% shall be adjusted on a
pro-rated basis based on remaining tread. /'1C&Cpr#'lSLe
E. LIABILITY INSURANCE
The contractor shall furnish evidence of general
product liability insurance in the amount of $2,000,000. ,4u.t!"t? m gL r:
A certificate of insurance shall accompany the quote.
9
SECTION III.
BID CONTENT AND FORMS
10
Ill. BID CONTENT AND FORMS
A. BID FORMAT AND CONTENT
1. Presentation
Bids should not inciude any unnecessarily elaborate or promotional
material. Information should be presented in the order in which it is
requested. Lengthy narrative is discouraged, and presentations should be
brief and concise. Bids shall contain the following:
a. identification of Bidder, including name, address and telephone;
b. proposed working relationship between Bidder and subcontractors,
if applicable;
c. acknowledgment of receipt of all RFQ addenda, if any;
d. name, title, address and telephone number of contact person
during period of bid evaluation;
e. a statement to the effect that the bid shall remain valid for a period
of not less than 120 days from the date of submittal; and
f. signature of a person authorized to bind Bidder to the terms of the
bid.
Bidder may also propose enhancement or procedural or technical
innovations to the Technical Specifications which do not materially
deviate from the objectives or required content of the project.
2. ExceptionsfDevlations
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 altemative 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
meeting schedules on similar projects; and supportive client reference.
11
Bidder shall:
a. provide a brief proffle of the firm, including the types of services
offered; the year founded; form of the organization (corporation,
partnership, sole proprietorship); number, size and location of
offices; number of employees;
b. describe the firm's experience in performing work of a similar
nature to that solicited in this RFO:
c. provide, as a minimum, three (3) references as related to
experience; reference shall include the name, title, address and
telephone number of the person(s) a the client organization who is
most knowledgeable about the work performed,
4. Appendices
Information considered by Bidder to be pertinent to this RFO and which
has not been specifically solicited in any of the aforementioned sections
may be placed in a separate appendix section, Bidders are cautioned,
however, that t!lis 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 iackina copies and/or proof of
said licenses and/or certifications mav be deemed non-responsive and mav
be reiected.
C. COST AND PRICE FORMS
Bidder shall complete the Price Form in its entirety including: 1) all items listed
and total price; 2) all additional costs associated with performance of
specifications; and 3) Bidder's identification information including a binding
signature.
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.
12
Freight terms shall be F.O.B. Destination, Full Freight Allowed, unless otherwise
specified on price form.
13
PRICE FORM
REQUEST FOR QUOTES: RFQ F-09-01
DESCRIPTION OF RFQ: Tires - New and Recapped for Vehicles / Equipment
BIDDER'S NAME/ADDRESS: Y Tin.E ~.4l.e'> INC-
left" "'An/ANNA AilE
~()~ IfNcEtlFS ,"49""3.2.
NAMEITELEPHONE NO. OF
AUTHORIZED REPRESENTATIVE JA~/<' I'f 5#CE/,""I~':/Z.
320 '3 ZZ'3 /' 'S 9 I
(See Next Page)
14
PRICE FORM (continued)
List includes Tire Size, Annual Quantity, and Application (i.e. Light Vehicle, Heavy
Vehicle, and Other.) Quantities are approximate, and no guarantee is made as to
the actual quantities to be purchased.
CITY
PART
NUMBER
21-020
21-021
21-029
21-030
21-031
21-032
21-033
21-034
21-035
21-036
21-038
21-039
21-044
21-046
21-048
21-049
21-050
21-055
21-060
TIRE SIZE
31X13.5X154 PLY TURF (FRONT)
i.l "IS
23X10.S0X12 4 PLY TURF
""'co
P205l7SR15 STANDARD LOAD HWY
t:Jo ~Hr, I
P195165R14 STANDARD LOAD HWY
Goo ,-4/z IN. A ~R
P19SnOR14 STANDARD LOAD HWY
r.o , :r. n G.
P20SnOR24 STANDARD LOAD HWY
n #k~
15
FY 08/09
ESTIMATED
USAGE
6
7
12
4
15
8
20
16
26
40
7
29
16
8
65
410
362
18
12
COST
PER
TIRE
"'-t..<./~
S~, 93
3'f.(,~
..sc
t>(r 2 I
('.~I
&'l.~3
C. '1<(
.1'-
.U
<18.
. z.
7()'
. z."
. '1 (,
.
21-061 LT245f75R1610 PLY ALL POSITION
D '" t N&to 12
21-067 LT235/85R1610 PLY ALL POSITION
l
21-068 LT215/85R16 8 PLY ALL POSITION
o ~ "
21-116 RECAP 315/80R22.5 REAR (REFUSE LUG)
C"oD ~"tt. Gl77
21-117 255f70R22.5
~D()O .,AIZ ~ 9
21-119 RECAP 315/80R22.5 FRONT (STEER
CERTFD H~/<'N$"'" wll R
21-125 NEW 315/80R22.5 20 PLY HSS
~oo .; Ze7 H~5
21-126 NEW9R22.512 PLY ALL POSITION
....,.
21-128 NEW 11 R22.5 16 PLY ALL POSITION
STEER a ~(J{
21-129 215f70R17.512 PLY
Goo trA rz. N~
21-130 225f70R19.5 12 PLY
~o t7.
St5"..r -f>rnlc.I'IIID .s-jPa4Ifo.s-~ r
TOTAL ESTIMATED TIRES FOR FY 08/09
110
6'
.. 7-(,3
82
40
,.06.
911
12
9'1
2.i{l{.3 0
134
/ "':.z'-
60
.DO
20
ZC .7~
39
8
12
2509
MINIMUM TREAD DEPTH FOR ALL HEAVY
DUTY RECAP (LUGSTYLE) TIRES IS
32132nds.
ANNUAL PURCHASE ORDER
Effective on or about September 1, 2008 through July 30, 2009 plus four (4) single year
options, for City's partial requirements, on an as-needed basis, with no guaranteed usage.
Option vear one, if exercised, shall be effective July 1, 2009 through June 30, 2010.
Option vear two, if exercised. shall be effective July 1. 2010 through June 30, 2011.
Option vear three, if exercised. shall be effective July 1. 2011 through June 30, 2012.
Option year four, if exercised, shall be effective July 1, 2012 through June 30, 2013.
Prices may be adjusted annually (on the day the contract was signed by the City of San
Bemardino and the vendor). Under no circumstances will adjustments in the fees exceed five
(5) percent per additional period. Vendor must provide the City 60 (sixty) day written
notification of any proposed price increase. Price increases shall become effective 30 (thirty)
days after the City receives written notification of such increases. Vendor must also pass on
any decreases in the same way.
16
CITY OF SAN BERNARDINO
BID SPECIFICATION NO.
F-09-01
7/01/08 - 6130109
Y TIRE SALES INC.
PART # PRODUCT CODE SIZE DESCRIPTION CURREN COMMENTS
AUTO PRICE
21-029 402705436 P205175R15 GOODYEAR INTERGITY $46.46
21-030 780 064 404 P195165R14 GOODYEAR ULTRA GRIP $56.93
21-031 402 827 047 P195170R14 GOODYEAR INTERGITY $39.66
21-032 402211436 P205170R14 GOODYEAR INTERGITY $36.56
21-033 402 406 477 P205/65R15 GOODYEAR INTERGITY $50.21
21-034 402102477 P185170R14 GOODYEAR INTERGITY $36.51
21-035 402 645 436 P195175R14 GOODYEAR INTERGITY $39.53
21-036 187 359 026 P215170R14 GOODYEAR REGATTA 2 $50.94
21-038 766 387 405 P155180R13 GOODYEAR ULTRA GRIP $38.16
21-039 402 268 047 P175170R14 GOODYEAR INTERGITY $35.61
21-044 402 431 436 P215170R15 GOODYEAR INTERGITY $48.59
21-046 732 807 500 P235170R15 GOODYEAR EAGLE RSA $74.11
21-048 732 478 500 P225170R15 GOODYEAR EAGLE RSA $71.92
21-049 732 354 500 P225160R16 GOODYEAR EAGLE RSA $70.36
21-050 732 002 500 P235/55R17 GOODYEAR EAGLE RSA $97.00
21-060 736 276 285 P215/60R16 GOODYEAR ASSURANCE $63.76
UGHT TRUCK
21-055 744 826 802 L T235175R15 GOODYEAR WRANG RSA $81.26
21-061 749353434 L T245175R16 GOODYEAR WRANG RTS $97.63
21-067 744 725 502 LT235185R16 GOODYEAR WRANG HTS $102.19
21-068 749821 060 LT215/85R16 GOODYEAR WRANG RTS $91.06
MEDIUM RADIAL
21-117 756 780 519 255170R22.5 GOODYEAR G169 $244.30
21-126 138311186 GOODYEAR G149 GOODYEAR G149 $203.75
21-128 138179919 GOODYEAR G149 GOODYEAR G149 $294.34
21-129 756 246 567 GOODYEAR Gl14 GOODYEAR Gl14 $166.65
21-130 139418053 GOODYEAR G647 GOODYEAR G647 $217.82
SPECIALTY
21-020 3104985795 31X13.5X15 CARLISLE TURFIFRONT $198.75
21-021 303 455 294 5 23X10.50X12 NANCO 4 PLY TURF $52.45
RETREADS
21-119 256 760 188 315180R22.5 REFUSE RIB 24/32 $145.26
21.116 254 096 072 315/80R22.5 GDYRGl77LUG 32/32 $178.94
RETREAD PRICES INCLUDE ALL REPAIRS
I I I
I I I
Actual option year pricing shall be negotiated with the successful Bidder(s) prior to exercising
of any 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 your
)@I in order to meet the requirements of the Technical Specifications? Yes /
~ (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.
NONE:
Have you included in your bid all informational items and forms as requested-;((eS}
/ 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 % C days; unless otherwise stated, payment terms
are: Net thirty (30) days.
In signing this bid, Bidder warrants that all certifications and documents requested
herein are attached and properly completed and signed.
From time to time, the City may issue one or more addenda to this RFQ. Below,
please indicate all Addenda to this RFQ received by your firm. and the date said
Addenda was/were received.
17
Verification of Addenda Received
Addenda No:
Addenda No:
Addenda No:
Received on:
Received on:
Received on:
AUTHORIZED SIGNATURE: 9..rL /7J'J <-P~
PRINT SIGNER'S NAME AND TITLE:
..JALK.. N <H.o~/vfAkDZ
a E:u~ /ZAk i~NI-~At; f!;,z.
DATE SIGNED:
f< / 7/ t>A
COMPANY NAME & ADDRESS:
y TIll€: <.4.tE< . n/c,
PHONE: 32':? 22 g /39/
;ql{1 H,4~(#Nu44-"c
~ /I,</~EL.cS-. LA <?&:7$2-
FAX: 323 zzz 31.7'2-
EMAIL: Yntz.e..JIl~V tPAoL-CoN
IF SUBMITTING A "NO BID", PLEASE STATE REASON(S) BELOW:
18
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.o9-01.
Business Name y TI (L E <:;,4U ~ Iltlc.,
BusinessAddress ;"IQI Hl1llJlIJ./J./A Alle j..o1:A;.It:eU~
Signature of bidder~ ..@. ~
22<;0'7 cH..+no4,vN'4./
Place of Residence
rJr7 , f;?//lffov-r::> B4~
.
Notary Public in and for the County of
California.
b4-~ day of ~lAt,+
lL"N.'.n; ~ . State of
. 200~
Subscribed and swom before me this
My commission expires
Det.. 'l, 200~
,20~.
.1.. CHRIS1Qf\Q SIIAlUCIlOSOH~
-Ill Comm.1 1532856 III
NOtAAlMUt.CIllfONHlA
-c..ly
~ rqc....E'li1l1lt.1.2OOl 1
~~~
19
SECTION IV.
GENERAL SPECIFICATIONS
20
GENERAL SPECIFICATIONS
1. Each bid shall be in accordance with Request for Quotes (RFQ) Number F-09-01. All specifications
are minimum. Bidders are expected to meet or exceed these specifications as written. Bidder shall
attach to their bid a complete detailed i1emization and explanation for each and every deviation or
variation from the RFQ specifications and requirements. Condilional 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
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 Iimiled to.
workmanship, accessibility of parts and service, known evidence of manufacturer's responsibility and
record, durabilUy and known operational record of product and sultabilUy as well as conformity to CUy
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 quantilies specified at
unit prices bid.
4. Bids shall be firm offers, subject to acceptance or rejection wilhin 120 days of the opening thereof.
5. Regular dealer. No bidder 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 thasa respective kinds and must conform to the character of the equipment and the sarvice for
which il is intended to be used and shall be produced by use of the current manufacturing processes.
'Seconds', factory rejects, and substandard goods are !JQ1 acceptable.
7. Each bidder shall submit wilh their bid a copy of the proposed product spacifications, 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 CUy of San Bemardlno, or any of ils officials or agents for the use of any
patented process, device or article forming B part of equipment or any ilem furnishad under the
contract.
9. Each bidder must state in their bid the guaranteed delivery date of product and/or services in number
of calendar days from the date of contract execution by the CUy 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 eartiest possible date following the award of the contract.
10. Each bidder shall list in their bid all factory, manufacturer's and/or dealer's warranty and/or guarantee
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 bid and
awarded, ready for installation and fully equipped as detailed in these specifications.
12. Price shall be quoted F.O.B. San Bernardino (all transportation charges shall be fully prepaid), and
shall include all discounts. Bid shall include California sales tax, where applicable, computed at the
rate of 7.75%, and an additional City of San Bernardino Transaction and Use Tax computed at
the rate of 0.25% where applicable (this will normally be shown as a separate line item on the price
form).
13. CUy shall make payment wilhin thirty (30) days after the complete delivery and acceptance of the
specified items by the CUy of San Bernardino and receipt of the Contractor's priced invoice.
14. All "standard equipment" is included in any bid. Bidders furnishing bids under these specifications
shall supply all i1ems advertised as "standard" equipment even if such items are not stipulated in the
specifications, unless otherwise clearly accepted in the bid.
15. The items which the bidder proposes to furnish the CUy must comply in all respects with the
appropriate safety regulations of all regulatory commissions of the Federal Government and the Stale
of California, whether such safety features and/or ilerns have been specifically outlined In these
specifications or not.
16. Contractor delivering equipment pursuant to these RFQ specifications shall guarantee that equipment
meets specifications as set forth herein. If iI 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.
21
17. By submitting a bid, each bidder agrees that in the event complete delivery is not made within the time
or times set forth pursuant to this specification, damage will be sustained by the City, and that ~ 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 ~ems under this contract is delayed due to strikes, injunctions, government
controls, or by reason of any cause or circumstance beyond the control of the Contractor, the time for
delivery may be extended (in the City's sole discretion) by a number of days to be determined in each
instance by mutual written agreement between the Contractor and the Purchasing Manager of the C~
of San Bemandino. The C~ shall not unreasonably refuse such extension.
19. Contract. Each bid shall be submitted and received with the understanding that acceptance by the C~y
of San Bemardino of bid in response to this solicitation shall consmute a contract between the
Contractor and the C~. This shall bind the Contractor to furnish and deliver at the prices bid and in
complete accondance with all provisions of RFQ No. F..oS-D1. In most cases the basis of award will be
the City's standard purchase order that mayor may not incorporate this solicitation by reference.
20. Prohibited interest No member, officer, or employee of the C~ 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 parnes 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 C~,
and that if any such interest comes to the knowledge of either party at any time, a full and complete
disclosure of all such informalion 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 Califomia.
21. One Document These specifications, the notice inviting bids, RFQ F-D9-D1, 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 anyone of said documents shall be
deemed to be required equally as if called for in all. Anything necessary to complete the work property
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 Bemardino reserves the right to accept or reject any and all bids.
23. Prompt payment. Each bidder may stipulate in their bid a percentage prompt payment discount to be
taken by the C~ 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 oHies.
24. Inquiries. Direct all inquiries to Deborah Morrow at 909-384-5086. Technical questions may be sent
via fax to 909-364-5043. The answers to material questions will be provided to all potential bidders.
25. BidIPrice 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, 4"' Floor, C~ Hall, San
Bernardino, California 92418. CLEARLY MARK THE RFQ SPECIFICATION TITLE "TIRES. NEW
AND RECAPPED FOR VEHICLES I EQUIPMENT" AND NUMBER F..o9..o1 ON THE OUTSIDE OF
THE ENVELOPE.
26. Time. All bids must be received in the Purchasing Division no later than 3:00 PM, PST, August 7,
2008, where at such time and said place bids will be publicly opened, examined and declared. Any
bid may be withdrawn by bidder prior to the above scheduled time for the opening of bids. Any bid
received after that time and date specified shall NOT be considered.
27. The City of San Bernardino reserves the right at its own discretion to awand 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 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,
22
commencing wfth Section 16700 of Part 2 of Division 7 of the Business and Professions Code),
arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body
pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing
body tenders final payment to the bidder.
30. Contractor shall indemnify, defend and hold Cfty, fts officers, employees and agents harmless from
any claim, demand, liabilfty, 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 Cfty
Attomey and members of his office in enforcing this Agreement on behalf of the Ciiy shall be
considered as "attomey's fees" for the purposes of this paragraph.
31. While not restricting or limiting the foregoing. during the term of this Agreement, Contractor shall
maintain in effect policies of comprehensive public, general, and automobile liability insurance, in the
amount of $1 ,000,000 combined single limit, and statutory worker's compensation coverage, and shall
file copies of said policies wfth the City's Risk Manager prior to undertaking any work under this
Agreement The policies shall name the City as an additional insured and shall provide for ten (10)
day notification to the City if said policies are terminated or materially allered.
~ FAITHFUL PERFORMANCE BOND / BID BOND. Not reaulred. Tile CaAtraoler "All be req"irea Ie
fbImiEiI=l a saGnier's GReek, sanities sheek er1aitMwl peFfeFmanse BeRG / bid BaRe made flaya13IB ts tRe
~ty ~f SaR.8efRar<liRe iR aR _awRt eqwalla 1QQ\{ .'1Q',{ at ilia biEl pRGe ta iRSWFB tile sORlraGtar's
taithfbll f3eJ19FmaRSB at tRis SSRtFast. 8aiEt 6Yr<<y sRall be 6ybjest ta tAs appmval sf ti:le City 9f ~aR
8;~;~i;'. Bemis GRail be in aSGsFElaAse ':nth OFUiRaR6e ~Ie. 821. &estieR 21g0, aRa tRe se~eFatiBR
iSEl:iiRg Baia baRa shalf Aave a Fating in 8est's FNest reseAt iFl6YFaRSe gl,Ji'!,je at. A- er battar.
33. Written contract documents, duly authorized and signed by the appropriate aUlhorfty, consUMe the
complete and entire agreement(s) that may resull from the RFQ.
34. City may, at tts discretion, exercise option year renewals for up to 4 years, in one-year increments.
35. By submitting a bid, bidder warrants that any and all licenses and/or certifications required by law,
statute, code or ordinance in performing under the 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 blddar's response. Bids lackina coDies and/or Drool of said
licenses and/or certifications mav be deemed non-resoonsive and mav be relected.
36. Once the award has been made and prior fa tha commencement of tha job, the city's Municipal Code
M.C. 5.04.005) requires that a Business doing business with the City, obtain and Maintenance a valid
City Business Registration Cerffficate during the fenns of the Agreement.
23
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Dept: Public Services
Subject: Resolution of the Mayor and
Common Council of the City of San
Bernardino authorizing the execution of
a new Agreement and issuance of an
Annual Purchase Order in the amount of
$395,990 with four (4) one-year
extensions at the City's option between
the City of San Bernardino and "Y" Tire
Sales for new and recapped tires, tubes
and related repair services for City
vehicles and equipment, to be utilized
by the Fleet Division.
From: Ken Fischer, Director
Date: September 10,2008
Meeting Date: September 15, 2008
Synopsis of Previous Council Action:
August 4,2008 Reso 2008-311
April 16, 2007 Reso 2007-126
April 17, 2006 Reso 2006-111
Interim PO with increase of $65,000
Annual PO with increase of $30,000
Annual PO with increase of $76,000
Recommended Motion:
Adopt Resolution.
);~~
t re
Contact Person: Don Johnson, Fleet Manager
Phone:
5220
Supporting data attached:
Staff Report, Resolution, Vendor Service
Agreement and Attachments "1" and "2".
Ward:
All
FUNDING REQUIREMENTS:
Source:
$395,990
635-341-5111
Material & Supplies
Amount:
Finzce:
Council Notes: J?~ .:#3~ q I q oK
Agenda Ih~m No. 38
/o/~/~g
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 a new Agreement and issuance of an Annual Purchase Order in the
amount of $395,990 with four (4) one-year extensions at the City's option between the City
of San Bernardino and "Y" Tire Sales for new and recapped tires, tubes and related repair
services for City vehicles and equipment, to be utilized by the Fleet Division.
Background:
The City purchases a variety of tires for use on Integrated Waste equipment, light vehicles,
certified pursuit tires for police vehicles, and off road equipment. Heavy-duty truck tires
may be recapped up to eight times before the tire carcass is worn out. Recapping involves
replacing the tread face of the tire. The use of recapped tires provides cost savings over
the use of new tires.
On July 8, 2008, the Finance Department notified the Fleet Division that this purchase
order needed to be bid and would not be renewed as a "selected source" as it has been
done in the past. An interim purchase order was issued for $24,990. On August 4, 2008,
the Mayor and Common Council approved Resolution 2008-311 authorizing an increase of
$65,000 to the interim purchase order for a total of $89,990.
On July 17,2008, notices for bid # RFQ F-09-01 (Attachment "1" of Agreement) were sent
to twenty-five (25) vendors, twelve of which were local vendors, the San Bernardino Area
Chamber of Commerce, advertised on the City's Web Page and in the San Bernardino
County Sun Newspaper. No local vendors are able to supply the tires. The bid documents
requested unit pricing for new and recapped tires, tubes and related repair services, but
did not guarantee a total amount.
The vendor, business location, and price quote are listed below.
Vendor
"Y" Tire Sales
Daniels Tire Service
Location
Los Angeles
Riverside
Quote
$3,298.71*
$3,353.28*
* This total amount is the sum of 30 individual tire size prices (unit price) for equipment
serviced by the Fleet Division. Overall, the unit prices for "Y" Tire Sales are lower than the
pricing for Daniels Tire Service. A complete bid summary sheet is attached (Attachment
"2" of Agreement). Since "Y" Tire Sales submitted the lowest qualified bid, staff
recommends that Council authorize the execution of a new Agreement and issue an
Annual Purchase Order in the amount of $395,990 to "Y" Tire Sales for new and recapped
tires, tubes and related repair services. Staff also recommends closing the interim
purchase order before the new purchase order is issued.
Financial Impact:
Funds for this purchase are available in the Fleet Division FY 08-09 Budget Account No.
635-341-5111, Materials & Supplies.
Recommendation:
Adopt Resolution.
~placen?e,,+ P"je
:JJ ?, lJ
29. Resolution of the City of San Bernardino authorizing the execution of an
agreement for the San Bernardino Police Department to participate as a member
of the United States Department of Justice Drug Enforcement Administration
(DEA) Task Force. (See Attached) (No Cost to the City) All Wards
Approved
MOTION: That said resolution be adopted.
Adopted 2008-362
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
Puhlic Services
30. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a new agreement and issuance of an annual
purchase order in the amount of $395,990 with four (4) one-year extensions at
the City's option between the City of San Bernardino and "Y" Tire Sales for
new and recapped tires, tubes and related repair services for City vehicles and
equipment, to be utilized by the Fleet Division. (See Attached) (Cost to the
City - $306,000 from Fleet Services Fund) (Resolution not available at time
of printing.) All Wards
No Action Taken
MOTION: That said resolution be adopted.
Approved
MOTION: That the matter be continued to October 6,2008.
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
END OF CONSENT CALENDAR
COMMITTEE CONSENT
Recommended for approval at the Personnel Committee Meeting September
9,2008 - Committee Members Present: McCammack, Brinker, Estrada
City Attorney
31. Establishment of position of Administrative Analyst I in the City Attorney's
Office to administer the Administrative Civil Penalties Program.
(Item Continued on Next Page)
4f~~
15
09/15/2008
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Ken Fischer, Director
Dept: Public Services
Date: September 10, 2008
Subject: Resolution of the Mayor and
Common Council of the City of San
Bernardino authorizing the execution of
a new Agreement and issuance of an
Annual Purchase Order in the amount of
$395,990 with four (4) one-year
extensions at the City's option between
the City of San Bernardino and "Y" Tire
Sales for new and recapped tires, tubes
and related repair services for City
vehicles and equipment, to be utilized
by the Fleet Division.
Meeting Date: September 15, 2008
Synopsis of Previous Council Action:
August 4,2008 Reso 2008-311
April 16, 2007 Reso 2007-126
April 17, 2006 Reso 2006-111
Interim PO with increase of $65,000
Annual PO with increase of $30,000
Annual PO with increase of $76,000
Recommended Motion:
Adopt Resolution.
~-
t re
Contact Person: Don Johnson, Fleet Manager
5220
Supporting data attached:
Staff Report, Resolution, Vendor Service
Agreement and Attachments "1" and "2".
FUNDING REQUIREMENTS:
Council Notes:
Phone:
Ward:
All
Amount:
$395,990
Source:
635-341-5111
Material & Supplies
Finance:
Agenda Item No. 30
q-(s.oe
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 a new Agreement and issuance of an Annual Purchase Order in the
amount of $395,990 with four (4) one-year extensions at the City's option between the City
of San Bernardino and "Y" Tire Sales for new and recapped tires, tubes and related repair
services for City vehicles and equipment, to be utilized by the Fleet Division.
Background:
The City purchases a variety of tires for use on Integrated Waste equipment, light vehicles,
certified pursuit tires for police vehicles, and off road equipment. Heavy-duty truck tires
may be recapped up to eight times before the tire carcass is worn out. Recapping involves
replacing the tread face of the tire. The use of recapped tires provides cost savings over
the use of new tires.
On July 8, 2008, the Finance Department notified the Fleet Division that this purchase
order needed to be bid and would not be renewed as a "selected source" as it has been
done in the past. An interim purchase order was issued for $24,990. On August 4, 2008,
the Mayor and Common Council approved Resolution 2008-311 authorizing an increase of
$65,000 to the interim purchase order for a total of $89,990.
On July 17, 2008, notices for bid # RFQ F-09-01 (Attachment "1" of Agreement) were sent
to twenty-five (25) vendors, twelve of which were local vendors, the San Bernardino Area
Chamber of Commerce, advertised on the City's Web Page and in the San Bernardino
County Sun Newspaper. No local vendors are able to supply the tires. The bid documents
requested unit pricing for new and recapped tires, tubes and related repair services, but
did not guarantee a total amount.
The vendor, business location, and price quote are listed below.
Vendor
"Y" Tire Sales
Daniels Tire Service
Location
Los Angeles
Riverside
Quote
$3,298.71*
$3,353.28*
* This total amount is the sum of 30 individual tire size prices (unit price) for equipment
serviced by the Fleet Division. Overall, the unit prices for "Y" Tire Sales are lower than the
pricing for Daniels Tire Service. A complete bid summary sheet is attached (Attachment
"2" of Agreement). Since "Y" Tire Sales submitted the lowest qualified bid, staff
recommends that Council authorize the execution of a new Agreement and issue an
Annual Purchase Order in the amount of $395,990 to "Y" Tire Sales for new and recapped
tires, tubes and related repair services. Staff also recommends closing the interim
purchase order before the new purchase order is issued.
Financial Impact:
Funds for this purchase are available in the Fleet Division FY 08-09 Budget Account No.
635-341-5111, Materials & Supplies.
Recommendation:
Adopt Resolution.
RESOLUTION NO.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A NEW AGREEMENT
AND ISSUANCE OF AN ANNUAL PURCHASE ORDER IN THE AMOUNT OF
$395,990 WITH FOUR (4) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION
BETWEEN THE CITY OF SAN BERNARDINO AND "Y" TIRE SALES FOR NEW
AND RECAPPED TIRES, TUBES AND RELATED REPAIR SERVICES FOR CITY
VEHICLES AND EQUIPMENT, TO BE UTILIZED BY THE FLEET DIVISION.
WHEREAS, The current interim Purchase Order Number 302233 with "Y" Tire
Sales will be closed and a new purchase order and agreement will be issued in the
amount of $395,990.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That "Y" Tire Sales submitted the lowest bid for the purchase of
new and recapped tires, tubes, and related repair services per RFQ F-09-01.
SECTION 2. The Acting City Manager of the City of San Bernardino is hereby
authorized to execute on behalf of said City an Agreement between the City of San
Bernardino and "Y" Tire Sales, a copy of which is attached hereto, marked as Exhibit
"A", and incorporated herein by this reference as fully set forth at length.
SECTION 3. That pursuant to this determination the Director of Finance or
hislher designee is hereby authorized to issue a new Annual Purchase Order to "Y"
Tire Sales in the amount of $395,990.
SECTION 4. The Purchase Order shall reference this Resolution No.
and shall read, ""Y" Tire Sales for new and recapped tires, tubes, and
related repair services, not to exceed $395,990" and shall incorporate the terms and
conditions of the agreement.
#=- 3C
eCr' 15 -Dr;
III
III
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
1 SAN BERNARDINO AUTHORIZING THE EXECUTION OF A NEW AGREEMENT
AND ISSUANCE OF AN ANNUAL PURCHASE ORDER IN THE AMOUNT OF
2 $395,990 WITH FOUR (4) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION
BETWEEN THE CITY OF SAN BERNARDINO AND "Y" TIRE SALES FOR NEW
3 AND RECAPPED TIRES, TUBES AND RELATED REPAIR SERVICES FOR CITY
4 VEHICLES AND EQUIPMENT, TO BE UTILIZED BY THE FLEET DIVISION.
5
SECTION 5. The authorization to execute the above referenced Purchase
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7 Order and Agreement is rescinded if it is not executed within sixty (60) days of the
8 passage of this resolution.
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III
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A NEW AGREEMENT
AND ISSUANCE OF AN ANNUAL PURCHASE ORDER IN THE AMOUNT OF
$395,990 WITH FOUR (4) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION
BETWEEN THE CITY OF SAN BERNARDINO AND "Y" TIRE SALES FOR NEW
AND RECAPPED TIRES, TUBES AND RELATED REPAIR SERVICES FOR CITY
VEHICLES AND EQUIPMENT, TO BE UTILIZED BY THE FLEET DIVISION.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a
, 2008, by the
day of
meeting thereof, held on the
following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
BAXTER
BRINKER
DERRY
KELLEY
JOHNSON
MCCAMMACK
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this
,2008.
day of
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Patrick J. Morris, Mayor
City of San Bernardino
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By: kL t~ 111
James F. Penman v
City Attorney
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 15th day of September 2008, by
and between "Y" Tire Sales ("VENDOR") and the City of San Bernardino ("CITY" or "San
Bernardino").
WITNESSETH:
WHEREAS, the Mayor and Common Council has determined that it is advantageous
and in the best interest of the CITY to contract for new and recapped tires, tubes and related
repair services for City vehicles and equipment; and
WHEREAS, the City of San Bernardino did solicit and accept bids from available
vendors for new and recapped tires, tubes and related repair services for City vehicles and
equipment; and,
WHEREAS, Vendor is the lowest bidder to provide said services to City; and,
WHEREAS, this new Agreement supersedes all previous Agreements with the vendor;
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated, San Bernardino hereby engages the servIces of
VENDOR to provide those products and services as set forth in Bid Specifications No. RFQ F-
09-0 I, for new and recapped tires, tubes and related repair services for City vehicles and
equipment, dated August 7, 2008, attached hereto as Attaclunent "I" and incorporated herein
by this reference.
2. COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR pursuant to the bid summary sheet for vendor attached hereto as
Attachment "2" and made a part hereto the not to exceed amount of $395,990, for
Exhibit "A"
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new and recapped tires, tubes and related repair services for City vehicles and
equipment.
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
3. TERM; TERMINATION.
The term of this agreement shall be from September 15, 2008 through June 30, 2009,
with four (4) one-year extensions at the City's option. Option year one, if exercised, shall be
effective July 1, 2009 through June 30, 2010. Option year two, if exercised, shall be effective
July 1, 2010 through June 30, 2011. Option year three, if exercised, shall be effective July I,
2011 through June 30, 2012. Option year four, if exercised, shall be effective July 1, 2012
through June 30, 2013. Each option shall be exercised by written agreement of the parties
executed on or before expiration of the current term.
This Agreement may be terminated at any time by thirty (30) days prior written notice
by either party. The terms ofthis Agreement shall remain in force unless amended by written
agreement of the parties executed on or before date of expiration of current term of the
agreement.
4. INDEMNITY.
Vendor agrees to and shall indemnify and hold the City, its elected officials, employees,
agents or representatives, free and harmless from all claims, actions, damages and liabilities of
any kind and nature arising from bodily injury, including death, or property damage, based on
asserted upon any or alleged act or omission of Vendor, its employees, agents, or
subcontractors, relating to or in any way connected with the accomplishment of the work or
performance of service under this Agreement, unless the bodily injury or property damage was
actually caused by the sole negligence of the City, its elected officials, employees, agents or
representatives. As part ofthe foregoing indemnity, Vendor agrees to protect and defend at its
Exhibit "A"
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own expense, including attorney's fees the City, its elected officials, employees, agents or
representatives from any and all legal actions based upon such actual or alleged acts or
omissions. Vendor hereby waives any and all rights to any types of express or implied
indemnity against the City, its elected officials, employees, agents or representatives, with
respect to third party claims against the Vendor relating to or in any way connected with the
accomplishment of the work or performance of services under this Agreement.
5. INSURANCE.
While not restricting or limiting the foregoing, during the term of this Agreement,
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of $2,000,000.00 combined single limit, and statutory
worker's compensation coverage, and shall file copies of said policies with the CITY's Risk
Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
additional named insured in each policy of insurance provided hereunder. The Certificate of
Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
termination in the policy.
6. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or
sexual orientation, or any other status protected by law.
7. INDEPENDENT CONTRACTOR.
VENDOR shall perfOlID work tasks provided by this Agreement, but for all intents and
purposes VENDOR shall be an independent contractor and not an agent or employee of the
Exhibit "A"
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CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
Compensation, and other payroll deductions for VENDOR and its officers, agents, and
employees, and all business licenses, if any are required, in connection with the services to be
performed hereunder.
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits,
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
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:
Public Services Director
300 North "D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
TO THE VENDOR:
"Y" Tire Sales
1941 N. Marianna Ave.
Los Angeles, CA 90032
Telephone: (323) 223-1391
Contact: Jack Shoemaker
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
Exhibit "A"
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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 asslgn, transfer, sublet or
encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
and shall constitute a breach of this Agreement and cause for the termination of this
Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR
of VENDOR's obligation to perform all other obligations to be performed by VENDOR
hereunder for the term ofthis 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.
III
Exhibit "A"
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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
be invalid or unenforceable for any reason, such determination shall not affect the validity or
enforceability ofthe 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 prior agreements and understandings relating to the subject manner
of this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
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/1/
Exhibit "A"
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VENDOR SERVICE AGREEMENT
"Y" TIRE SALES
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and
date set forth below.
,2008
VENDOR.
Dated:
By:
Its:
Dated
,2008
CITY OF SAN BERNARDINO
By:
Lori Sassoon, Acting City Manager
Approved as to Form:
By:
James F. Penman, City Attorney
Exhibit "A"
I.
(
"
ATTACHMENT "1"
"Y"
TIRE SALES
GOODIYEAR
1941 Marianna Avenue. Los Angeles, California 90032
Telephone: (323) 223-1391 . Fax: (323) 222-3672
August 8, 2008
CITY OF SAN BERNARDINO
300 North "D" Street
4th floor, Attn: Deborah Morrow
San Bernar<lino, CA 92418
Re: Bid request F-09-0 1 for Tires - New and Recapped for Vehicles!
Equipment
Y Tire Sales, Inc. was incorporated in 1923. Our 35,000 square foot Commercial
Truck Tire Dept and Retread Plant in Los Angeles services all of Southern
California. We have serviced your city for over six years, with pick up and
delivery every Monday and Tuesday & emergency deliveries daily. We look
forward to many more years of servicing the City of San Bernardino.
Sincerely,
Q...../@~~
tk;k M Shoemaker
General Manager
Y TIRE SALES, INC.
1941 Marianna Ave.
Los Angeles. CA 90032
PH 323223 1391
FX 323 222 2372
CL 323 855 5443
rniA
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City of San Bernardino, Finance Department
Purchasing Division
Bid Documents to Be Returned
RFQ F-09-01
TIRES - NEW AND RECAPPED FOR VEHICLES I EQUIPMENT
Co Y of Contractor License III Bid Content and Fonns, General Specification #35, Instructions to Offeror(s)
18i~ers
Bidder Exgerience, Competency, Qualification and Profile (Vendor Document) III
Proposal I Bid antent Forms
Non-Collusion Affidavit (City Form) Instructions to Offeror(s) I Bidders
Listing Elf Prol'losod 8ubcontraGlor (City Form) III P"'~osal 'Qi~ CeRtoRt aR~ Fo,,"s
Price Form (City Form) Instructions to Bidders, III Bid Content and Fonns
Authorized Signatures Instructions to Bidders
Bidder Identification III Bid Content and Fonns
Addendum Received III Bid Content and Fonns
90 Day Bid Validity Statement III Bid Content and Fonns
Authorized Signatures III Bid Content end Fonns
References III ,r;;dJ~~ and Fonns
Proper Identification and Submittal of Proposal/Bid Package, and Price Form
Instructions to Biddern
Bidders are reauested to submit this checklist comoleted with all bid documents.
SECTION I.
INSTRUCTIONS TO BIDDERS
I. INSTRUCTIONS TO BIDDERS
A. Examination of Bid Documents
1. By submitting a bid, the Bidder represents that it has thoroughly examined
and become familiar with the items required under this 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 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.
B. 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.
C. Clarifications
1. Examination of Documents
Should a Bidder require clarifications of this RFQ, the Bidder shall notify
the City in writing in accordance with Section C.2 below. Should it be
found that the point in question is not clearly and fully set forth, the City
will issue a written addendum clarifying the maUer, which will be sent to all
persons who have requested the RFQ.
2. Submittina Reauests
a. All questions, clarifications or comments shall be put in writing and
must be received by the City no later than July 23, 2008, and be
addressed
City of San Bernardino
300 North "0" Street
4th floor, Attn: Deborah Morrow
San Bernardino, CA 92418
b. The exterior envelope of all requests for 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.
3
The City will also accept questions sent by facsimile machines;
however, all faxed questions must be received by the City no later
than the date and time specified above. Send facsimile
transmissions to (909) 384-5043, attention: Deborah Morrow.
c. Inquiries received after 5:00 PM, PST, July 23, 2008, will not be
accepted.
3. City Responses
Responses from the City will be communicated in writing to all recipients
of this RFQ, and will be posted to the City's web page: www.sbcitv.org, faxed,
or postmarked no later than the close of business on July 28, 2008.
O. Submission of Bids
1. Date and Time
All bids are to be submitted to City of San Bemardino, Attention: Deborah
Morrow. Bids received after 3:00 PM, PST Auaust 7. 2008, will be
rejected by the City as non-responsive.
2. Address
Bids shall be addressed as follows:
City of San Bernardino
300 N. "0" Street, 4th floor - Purchasing
San Bernardino, CA 92418.
Bids may be delivered in person to the Purchasing Division, 4th floor of
the above address.
3. Identification of Bids
Bidder shall submit a bid package consisting of:
a) one (1) signed original and one (1) copy, (including price
form) in a sealed envelope.
The bid package shall be addressed as shown above, bearing the
Bidder's name and address and clearly marked as follows:
"RFQ F-09-01:
Tires. New and Recapped for Vehicles I Equipment"
4. Acceptance of Bids
4
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 responding to this RFQ.
c. The City reserves the right to postpone bid opening for its own
convenience.
E. Pre-Contractual Expenses
Pre-contractual expenses are defined as expenses incurred by the Bidder in:
1. preparing its bid in response to this RFQ;
2. submitting that bid to City;
3. negotiating with City any matter related to this bid; or
4. any other expenses incurred by the Bidder prior to date of award, if any, of
the Agreement.
The City shall not, in any event, be liable for any pre-contractual expenses
incurred by Bidder in the preparation of its bid. Bidder shall not include any such
expenses as part of its bid.
F. Contract Award
Issuance of this RFQ and receipt of bids does not commit the City to award a
Purchase Order. The City reserves the right to postpone bid opening for its own
convenience, to accept or reject any or all bids received in response to this RFQ,
and to negotiate with other than the selected Bidder(s) should negotiations with
the selected Bidder(s) be terminated. The City also reserves the riaht to
apportion the award amonQ two or more Bidders.
G. Acceptance of Order
The successful Bidder will be required to accept a Purchase Order in accordance
with and including as a part thereof the published Notice Inviting Bids, and the
RFQ documents including all requirements, conditions and specifications
contained therein, with no exceptions other than those specifically listed in the
written purchase order.
5
SECTION II.
TECHNICAL SPECIFICATIONS
6
City of San Bernardino
TECHNICAL SPECIFICATIONS
RFQ F-09-01
TIRES - NEW / RECAP FOR VEHICLES AND EQUIPMENT
NOTICE "SPECIAL INSTRUCTIONS TO THE BIDDER"
Services:
Bidder shall cornplete right-hand column indicating brief reasoning for
exceptions to requirements when not acceptable. State "Acceptable" if
requirements are agreeable as set forth in left-hand column.
Equipment:
Bidder shall complete right-hand column indicating specific size and or
make and model of all components when not exactly as specified. State
"As Specified" if item is exactly as set forth in the left-hand column.
FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID
A.GENERAL ACCEPTABLE/AS
SPECIFIED
This specification describes the City of San Bernardino's
annual need for new, recapping, and repair of tires. All
materials used in the process of retreading and repairing
tires shall conform to speCifications. Bidders must bid
for all tires as the City desires one vendor for recaps,
new (light) and new (heavy). All tires must be Goodyear
or Michelin. The successful bidder shall insure AC~e R TI'I ~,-;f
availability of tires to support a minimum of thirty (30)
days of the City of San Bernardino's fleet operations,
specifically the Integrated Waste Management and
Police Fleets,
The City of San Bernardino as purchaser reserves the
right to reject any or all bids, to waive any informality in
bids, to accept in whole or in part such bid or bids and to
award the contract to other than the lowest bidder at its
discretion, as may be deemed in the best interest of the
purchaser.
B. RECAPPING/RETREADING HEAVY DUTY TIRES
1. Require seamless cap with a Goodyear or Michelin
Mold type bonding process or equivalent. Splice in
tread area not acceotable.
7
2. Tread rubber (mold cure) shall contain no less than
50% rubber hydrocarbons by weight. Tread rubber
shall have a minimum of 25% and a maximum of
40% polybutadine, and have the following
minimumlmaximum physical properties:
a. Tensile Strength (PSI) 2200
b. Elongation Percent 430 1 600
/lCCepm8L~
c. Modulas at 300% 1100/1700
d. Hardness 60/70
e. Specific gravity 1105/1135
3. Tread Depth Requirements:
a. 26/32 deep standard rib Acce~ ""(JtI~
b. 32/32 waste hauling lug
4. Tread Design:
a. Waste hauling lug
Acc.&/~rA6'-€
b. Standard highway rib
5. Tread Width. The tread width used shall be
determined by the requirements of the casing. The Aaef? T"19 4&.e;
maximum acceptable width shall be used unless
otherwise req uested.
6. Curing Temperatures. All tires shall be cured at a
temperature not to exceed 300 degrees F. /1a.I!"~r;9t31.6
.
7. Pick-up and Delivery. All tires for recapping and
repairs shall be picked up and delivered to the Fleet
Garage at: 182 S. Sierra Way, San Bernardino on a .-fcc<=~rnql..c
weekly basis. All tires shall have one-week tum
around time.
8. Recapper shall perform nail hole repairs and section
repairs at no additional cost to the City. /! ~("<!p rA41.. ~
9. Recapped tires shall be branded using a City of San
Bernardino code to indicate number of times
recapped and serial number for tire tracking. AC'l!pr/lt3Lc
10. Disposition of all tires picked up shall be identified on
appropriate invoice. Tires not recappable shall be II Cc.e.P rtl I$L e:
identified as to reason and returned as RAR.
g
11. Below is a partial listing of tires presently being
purchased/recapped. Quantities are approximate
and no guarantee is made as to the actual quantities
to be purchased.
Tire Size and Annual Usage /la~Rr4f3~c
Tire Size OTY
315/8oR22.5 REAR RECAP ONLY-LUG TREAD 911
315/8oR22.5 RECAP STEER CERTIFIED 134
12. Successful bidder will insure that they maintain a
minimum of 30 days stock of tires required to "'Ct:~P n18l.,;
support the City of San Bernardino Fleet operations.
C. NEW TIRES - LIGHT AND HEAVY EQUIPMENT
1. Patrol/Pursuit Tires shall be certified as such by the
manufacturer and be currently certified for use by /I&e e/~ T7/tJler
either the California Highway Patrol or Los Angeles
County Sheriff.
2. Police pursuit tires will be the same OEM brand of
tires supplied with vehicle (Ford Crown Victoria). /J<::t:t"1? 7l48lC
3. All passenger car tires shall have a minimum 75,000 .
mile rating. Ace.It"P mtJl.eC
4. New heavy equipment tires shall be branded using
the City of San Bernardino numbering system to At:~t:!"r? malE
indicate serial number and manufacturer date.
D. TIRE WARRANTY AND FAILURE ADJUSTMENTS
1. Tires failing before 25% of original tread is worn
shall be refunded at the full tread cost. ;If t:&. ~/'? r;PfJI-C
2. Tires failing beyond the 25% shall be adjusted on a
pro-rated basis based on remaining tread. 11 ce is p r411LE
E. LIABILITY INSURANCE
The contractor shall fumish evidence of general
product liability insurance in the amount of $2,000,000. Acc.!'p n4gle"
A certificate of insurance shall accompany the quote.
9
SECTION II\.
BID CONTENT AND FORMS
10
III. BID CONTENT AND FORMS
A. BID FORMAT AND CONTENT
1. Presentation
Bids should not include any unnecessarily elaborate or promotional
material. Information should be presented in the order in which it is
requested. Lengthy narrative is discouraged, and presentations should be
brief and concise. Bids shall contain the following:
a. identification of Bidder, including name, address and telephone;
b. proposed working relationship between Bidder and subcontractors,
if applicable;
c. acknowledgment of receipt of all RFQ addenda, if any;
d. name, title, address and telephone number of contact person
during period of bid evaluation;
e. a statement to the effect that the bid shall remain valid for a period
of not less than 120 days from the date of submittal; and
f. signature of a person authorized to bind Bidder to the terms of the
bid.
Bidder may also propose enhancement or procedural or technical
innovations to the Technical Specifications which do not materially
deviate from the objectives or required content of the project.
2. ExceotionsfDeviations
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 Exoerience 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
meeting schedules on similar projects; and supportive client reference.
11
Bidder shall:
a. provide a brief profile of the firm, including the types of services
offered; the year founded; form of the organization (corporation,
partnership, sole proprietorship); number, size and location of
offices; number of employees;
b. describe the firm's experience in performing work of a similar
nature to that solicited in this RFQ:
c. provide, as a minimum, three (3) references as related to
experience; reference shall include the name, title, address and
telephone number of the person(s) a the client organization who is
most knowledgeable about the work performed.
4. Appendices
Information considered by Bidder to be pertinent to this 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 lackinQ copies and/or proof of
said licenses and/or certifications may be deemed non-responsive and may
be reiected.
C. COST AND PRICE FORMS
Bidder shall complete the Price Form in its entirety including: 1) all items listed
and total price; 2) all additional costs associated with performance of
specifications; and 3) Bidder's identification information including a binding
signature.
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.
12
Freight terms shall be F.O.S. Destination, Full Freight Allowed, unless otherwise
specified on price form.
13
PRICE FORM
REQUEST FOR QUOTES: RFQ F-09-01
DESCRIPTION OF RFQ: Tires - New and Recapped for Vehicles I Equipment
BIDDER'S NAME/ADDRESS: Y Tille ~Al.e~ IIJC
Iql{1 NAn. "HINA AilE
~()~ ~N(;EtI.fS .C4 '141)032,
NAMEI TELEPHONE NO. OF
AUTHORIZED REPRESENTATIVE JAt:. 1< 1'( SIlI)~/'ft9/~.E{z'
3z 3 ZZ'3' /"$9/
(See Next Page)
14
PRICE FORM (continued)
List includes Tire Size, Annual Quantity, and Application (Le. Light Vehicle, Heavy
Vehicle, and Other.) Quantities are approximate, and no guarantee is made as to
the actual quantities to be purchased.
CITY
PART
NUMBER
21-020
21-021
21-029
21-030
21-031
21-032
TIRE SIZE
FY 08/09
ESTIMATED
USAGE
31X13.5X154 PLY TURF (FRONT)
u f.,I!
23X10.50X12 4 PLY TURF
ANt: 0
P205f75R15 STANDARD LOAD HWY
Gee> ~ ~ To , r
P195165R14 STANDARD LOAD HWY
Goo ,41Z W. A c;a
P195170R14 STANDARD LOAD HWY
GD ,g IZ " T: fa G.
P205f70R24 STANDARD LOAD HWY
6
7
12
4
15
8
20
21-033 P 205165R15 STANDARD LOAD HWY
Goo ~ .
21-034 P185f70R14 STANDARD LOAD HWY
21-035
21-036
21-038
21-039
21-044
21-046
21-048
21-049
21-050
21-055
21-060
16
26
40
7
29
16
8
65
410
362
18
12
n Hc~
15
COST
PER
TIRE
t.ft. ,,/':'
:>tr 2 I
'SI
41.:;-3
().'i'f
.1"
.~I
</B.
I. Z.
71>
t. z. C-
.., (,
21-061 LT245175R1610 PLY ALL POSITION
" ,r4 t N& IZ
21-067 LT235/85R16 10 PLY ALL POSITION
,
21-068 LT215/85R168 PLY ALL POSITION
/:) IE 'R
21-116 RECAP 315/80R22.5 REAR (REFUSE LUG)
Gt:JOC .e"a (it??
21-117 255170R22.5
~c>oo ~"'a / 9
21-119 RECAP 315/80R22.5 FRONT (STEER
CERTFD H~/<INS"'" wll R
21-125 NEW 315/80R22.5 20 PLY HSS
(;;DDO .: <;;Ze1 H'$$
21-126 NEW 9R22.5 12 PLY ALL POSITION
110
f;1
.. ?-'-3
82
40
12
9/.0(,.
lfi(
Z'Itj.5o
911
134
/ '":.2"
60
.1>0
20
..4-
21-128 NEW 11R22.516 PLY ALL POSITION
STEER I> a C*'IJj
21-129 215170R17.512 PLY
Goo ..An. 1/4'
21-130 225170R19.5 12 PLY
(;; C> IE f2
Sf5".G' -f'rr.t1ulllo SfPa411 (;I S/l6. r
TOTAL ESTIMATED TIRES FOR FY 08/09
2.0 .1!{"
39
8
12
2509
MINIMUM TREAD DEPTH FOR ALL HEAVY
DUTY RECAP (LUGSTYLE) TIRES IS
32/32nds.
ANNUAL PURCHASE ORDER
Effective on or about September 1, 2008 through July 30, 2009 plus four (4) single year
options, for City's partial requirements, on an as-needed basis, with no guaranteed usage.
Option year one. if exercised, shall be effective July 1, 2009 through June 30, 2010.
Option year two, if exercised, shall be effective July 1, 2010 through June 30,2011.
Ootion year three, if exercised, shall be effective July 1, 2011 through June 30, 2012.
Option year four, if exercised, shall be effective July 1, 2012 through June 30, 2013.
Prices may be adjusted annually (on the day the contract was signed by the City of San
Bernardino and the vendor). Under no circumstances will adjustments in the fees exceed five
(5) percent per additional period. Vendor must provide the City 60 (sixty) day written
notification of any proposed price increase. Price increases shall become effective 30 (thirty)
days after the City receives written notification of such increases. Vendor must also pass on
any decreases in the same way.
16
CITY OF SAN BERNARDINO
BID SPECIFICATION NO.
F-09-01
7/01/08 - 6/30/09
Y TIRE SALES INC.
PART # PRODUCT CODE SIZE DESCRIPTION CURREN COMMENTS
AUTO PRICE
21-029 402 705 436 P205175R15 GOODYEAR INTERGITY $46.46
21-030 780 064 404 P195/65R14 GOODYEAR ULTRA GRIP $56.93
21-031 402 827 047 P195170R14 GOODYEAR INTERGITY $39.66
21-032 402211 436 P205170R14 GOODYEAR INTERGITY $36.56
21-033 402406 477 P205/65R15 GOODYEAR lNTERGITY $50.21
21-034 402102477 P185170R14 GOODYEAR INTERGITY $36.51
21-035 402 645 436 P195175R14 GOODYEAR INTERGITY $39.53
21-036 187 359 026 P215170R14 GOODYEAR REGATTA 2 $50.94
21-038 766 387 405 P155/80R13 GOODYEAR ULTRA GRIP $38.16
21-039 402 268 047 P175170R14 GOODYEAR INTERGITV $35.61
21-044 402431 436 P215170R15 GOODYEAR INTERGITV $48.59
21-046 732 807 500 P235170R15 GOODYEAR EAGLE RSA $74.11
21-048 732 478 500 P225170R15 GOODYEAR EAGLE RSA $71.92
21-049 732 354 500 P225/60R16 GOODYEAR EAGLE RSA $70.36
21-050 732 002 500 P235/55R17 GOODYEAR EAGLE RSA $97.00
21-060 736 276 285 P215/60R16 GOODYEAR ASSURANCE $63.76
LIGHT TRUCK
21-055 744 826 802 L T235175R15 GOODYEAR WRANG RSA $81.26
21-061 749 353 434 L T245175R16 GOODYEAR WRANG RTS $97.63
21-067 744 725 502 L T235/85R 16 GOODYEAR WRANG HTS $102.19
21-068 749821 060 LT215/85R16 GOODYEAR WRANG RTS $91.06
MEDIUM RADIAL
21-117 756 780 519 255170R22.5 GOODYEAR G169 $244.30
21-126 138311186 GOODYEAR G149 GOODYEAR G149 $203.75
21-128 138179919 GOODYEAR G149 GOODYEAR G149 $294.34
21-129 756 246 567 GOODYEAR G114 GOODYEAR Gl14 $166.65
21-130 139418053 GOODYEAR G647 GOODYEAR G647 $217.82
SPECIAL TV
21-020 3104985795 31X13.5X15 CARLISLE TURF (FRONT $198.75
21-021 303 455 294 5 23X10.50X12 NANCO 4 PLY TURF $52.45
RETREADS
21-119 256 760 188 315/80R22.5 REFUSE RIB 24/32 $145.26
21-116 254 096 072 315/80R22.5 GDYR Gl77 LUG 32/32 $178.94
RETREAD PRICES INCLUDE ALL REPAIRS
I I I
I I
Actual option year pricing shall be negotiated with the successful Bidder(s) prior to exercising
of any 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 your
)i@1 in order to meet the requirements of the Technical Specifications? Yes /
~ (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.
ND^,~
Have you included in your bid all informational items and forms as requestediY~)
/ No (circle one). If you answered "No", please explain:
This offer shall remain finn for 120 days from RFQ close date.
Terms and conditions as set forth in this RFQ apply to this bid.
Cash discount allowable % 0 days; unless otherwise stated, payment terms
are: Net thirty (30) days.
In signing this bid, Bidder warrants that all certifications and documents requested
herein are attached and properly completed and signed.
From time to time, the City may issue one or more addenda to this RFQ. Below,
please indicate all Addenda to this RFQ received by your firm, and the date said
Addenda was/were received.
17
Verification 'Of Addenda Received
Received on:
Received on:
Received on:
Addenda No:
Addenda No:
Addenda No:
AUTHORIZED SIGNATURE 9-c.-L. /7J'l < -Ph~
PRINT SIGNER'S NAME AND TITLE:
..JAc.K. N </kJt;MMa:rz
C EA/..€/2.#L.. N,4-;.IA<; ~,z.
DATE SIGNED: $ / 7 / ()~
COMPANY NAME & ADDRESS: Y TIllE <"AtE., . /UC.
1'1'11 HA!<I.'/Nu4/1-l/c
~ /It</t:'ELC:>. LA <7&>$2.
PHONE: 32':? 223/391
FAX: 323 2zZ 3t."1~
EMAIL: Ynl2-E. J I!<:./t tPAol. CD N
IF SUBMITTING A "NO BID", PLEASE STATE REASON(S) BELOW:
18
NON. COLLUSION AFFIDAVIT
TO: THE COMMON COUNCIL, CITY OF SAN BERNARDINO
In accordance with Title 23, United States Code, Section 112, the undersigned
hereby states, under penalty of perjury:
That he/she has not, either directly or indirectly, entered into any agreement,
participated in any collusion, or otherwise taken action in restraint of free
competitive bidding in connection with RFQ F.Q9-01.
Business Name y TI a Eo 5,41-6> 1 !<Ie...
Business Address 1"1'11 HA/vllJ./t.Ill AlIt: J.t>~,q.;.lGELCs
Signature of bidder ~ ~ ~
;z '2 >;.0'7 CHfl-/?o{)/,//,/4./ fJl7. C'/-'1rroN'r::> tS41Z.
.
Place of Residence
Subscribed and sworn before me this
E)4-~ day of 4..svc.+
l2.:ev.-.rs.-o\L , State of
, 200&,
Notary Public in and for the County of
California.
My commission expires
Del!.. 'l r ?.ooer-
,20~.
J ilCllmSrof'llER$!liJI!NCPIIERSOII~
- COIIm.l1532856
Ill" HOIARY MllC.C!UfOAIIIA {JJ
Ri"ni4e CMy -
~ My e.... ,,,.,, 0". !,IOOI r
~~~
19
SECTION IV.
GENERAL SPECIFICATIONS
20
/
GENERAL SPECIFICATIONS
1. Each bid shall be in accordance with Request for Quotes (RFQ) Number F-09-01. All specifications
are minimum. Bidders are expected to meet or exceed these specifications as written. Bidder shall
attach to their bid a complete detailed itemization and explanation for each and every deviation or
variation from the RFO specifications and requirements. Condllional bids, or those that take
exception to the RFO 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
whom best meets the City's requirements. This may include waiver of minor irregularllies 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 limlled to,
workmanship, accessibility of parts and service, known evidence of manufacturers responsibility and
record, durability and known operational record of product and suitabiltty 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 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 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 Ctty 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 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 Ctty of San Bernardino, time is of the
essence relative to this contract. Contractor shall prosecute the work continuously and diligently and
shall deliver the items at the earliest possible date following the award of the contract.
10. Each bidder shall list in their bid all factory, manufacturers and/or dealer's warranty andlor 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 bid and
awarded, ready for installation and fully equipped as detailed in these specifications.
12, Price shall be quoted F.O.B. San Bernardino (all transportation charges shall be fully prepaid), and
shall include all discounts. Bid shall include California sales tax, where applicable, computed at the
rate of 7.75%, and an additional City of San Bernardino Transaction and Use Tax computed at
the rate of 0.25% where applicable (this will normally be shown as a separate line item on the price
form).
13. City shall make payment wllhin thirty (30) days after the complete delivery and acceptance of the
specified llems by the Ctty of San Bernardino and receipt of the Contractors priced invoice.
14. All "standard equipment" is included in any bid. Bidders furnishing bids under these specifications
shall supply all llems advertised as .standard" equipment even if such items are not stipulated in the
specifications, unless otherwise clearly accepted in the bid.
15. The items wihich the bidder proposes to furnish the Ctty must comply in all respects with the
appropriate safety regulations of all regulatory commissions of the Federal Government and the State
of California, whether such safety features and/or items have been specifically outlined in these
specifications or not.
16. Contractor delivering equipment pursuant to these RFQ specifications shall guarantee that equipment
meets specifications as set forth herein. If II 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.
21
17. By submitting a bid, each bidder agrees that in the event complete delivery is not made within the time
or times set forth pursuant to this specification, damage will be sustained by the City, and that it is,
and will be impractical and extremely difficull 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 controi of the Contractor, the time for
delivery may be extended (in the City's sole discretion) by a number of days to be determined in each
instance by mutual written agreement between the Contractor and the Purchasing Manager of the City
of San Bernardino. The City shall not unreasonably refuse such extension.
19. Contract. Each bid shall be submitted and received with the undenstanding 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 bid and in
complete accordance with all provisions of RFQ No. F-09-01. In most cases the basis of award will be
the City's standard purchase order that mayor 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,
financiai or otherwise, in this transaction, or in the business of the contracting party other than the City,
and that if any such interest cornes 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 Govemment Code of the
State of Caiifornia.
21. One Document. These specifications, the notice inviting bids, RFQ F-09-01, the Contractors 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 anyone of said documents shall be
deemed to be required equally as if called for in all. Anything necessary to complete the work property
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 Dr reject any and all bids.
23. Prompt payment. Each bidder may stipulate in their bid a percentage prompt payment discount to be
taken by the City in the event the City makes payment to the Contractor within ten (10) working days
of receipt of material and approval of invoice. For the purpose of this provision, payment is deemed to
be made on the 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. The answers to material questions will be provided to all potential bidders.
25. BidlPrice forms. No bid will be acceptable unless prices are submitted on the pricing forms fumished
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, 4th Floor, City Hall, San
Bernardino, California 92418. CLEARLY MARK THE RFQ SPECIFICATION TITLE "TIRES - NEW
AND RECAPPED FOR VEHICLES / EQUIPMENT" AND NUMBER F-09-01 ON THE OUTSIDE OF
THE ENVELOPE.
26. Time. All bids must be received in the Purchasing Division no later Iihan 3:00 PM, PST, August 7,
2008, where at such time and said place bids will be publicly opened, examined and declared. Any
bid may be withdrawn by bidder prior to the above scheduled time for the opening of bids. Any bid
received after that time and date specified shall MQI 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 mu~iple 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 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. See 15) or under the Cartwright Act (Chapter 2,
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commencing with Section 16700 of Part 2 of Division 7 of the Business and Professions Code),
arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body
pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing
body tenders final payment to the bidder.
30. Contractor shall indemnify, defend and hold City, RS officers, employees and agents harmless from
any claim, demand. liabiltty, 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 soie negligence. The costs, salary and expenses of the City
Attorney and members of his office in enforcing this Agreement on behalf of the Ctty 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 worker's compensation coverage, and shall
file copies of said policies wRh the City's Risk Manager prior to undertaking any work under this
Agreement. The policies shall name the City as an additional insured and shall provide for ten (10)
day notification to the City if said policies are terminaled or materially altered.
>>. FAITHFUL PERFORMANCE BOND I BID BOND. Not reauired. Tha CaAtraGtar '.vill be ro~uir<,,1 to
furnioh a Gashier's GhaG!<, seRilia~ sheGI( ar faithful per-feFmaASe baA~ I bid bem! ma~a payable ta the
City of SaA !larnar~i"s iA aA amouAt e~ual ta 100% 110% of the bid prise te iAsure the oontraaler's
faithful pe!fGrmaAoa of Ihis SOAIFaal. Said ourely shall be subjee! ta the approval af the City af SaA
!lamar~iAa, baAds shall be iA aaaamaAse with Or-llinaAce No. 821, SaolioA 2100, and Iha oerj3eratieR
iosuiA~ said beAd ohall ha'/a a FatiA~ iA !lest's ",ast resoAt iAsur>3Ase ~uide af "/'." ar belief.
33. Written contract documents, duly authorized and signed by the appropriate authority, constitute the
complete and entire agreement(s) that may result from the RFO.
34. City may, at RS discretion, exercise option year renewals for up to 4 years, in one-year increments.
35. By submitting a bid, bidder warrants that any and all licenses andlor certifications required by law,
statute, code or ordinance in performing under the scope and specifications of this RFO are currently
held by bidder, and are valid and in full force and effect. Copies or legitimate proof of such licensure
andlor certification shall be included in bidder's response. Bids lackinq copies andlor proof of said
licenses andlor certifications mav be deemed non-responsive and mav be reiected.
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 Maintenance a valid
City Business Registration Certificate during the telTOs of the Agreement.
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this. 15th day of September 2008, by
and between "Y" Tire Sales ("VENDOR") and the City of San Bernardino ("CITY" or "San
Bernardino").
WITNESSETH:
WHEREAS, the Mayor and Common Council has determined that it is advantageous
and in the best interest of the CITY to contract for new and recapped tires, tubes and related
repair services for City vehicles and equipment; and
WHEREAS, the City of San Bernardino did solicit and accept bids from available
vendors for new and recapped tires, tubes and related repair services for City vehicles and
equipment; and,
WHEREAS, Vendor is the lowest bidder to provide said services to City; and,
WHEREAS, this new Agreement supersedes all previous Agreements with the vendor;
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated, San Bernardino hereby engages the servIces of
VENDOR to provide those products and services as set forth in Bid Specifications No. RFQ F-
09-01, for new and recapped tires, tubes and related repair services for City vehicles and
equipment, dated August 7, 2008, attached hereto as Attachment "I" and incorporated herein
by this reference.
2. COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR pursuant to the bid summary sheet for vendor attached hereto as
Attachment "2" and made a part hereto the not to exceed amount of $395,990, for
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new and recapped tires, tubes and related repaIr servIces for City vehicles and
equipment.
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
3. TERM; TERMINATION.
The term of this agreement shall be from September 15, 2008 through June 30, 2009,
with four (4) one-year extensions at the City's option. Option year one, if exercised, shall be
effective July I, 2009 through June 30, 2010. Option year two, if exercised, shall be effective
July I, 2010 through June 30, 2011. Option year three, if exercised, shall be effective July I,
2011 through June 30, 2012. Option year four, if exercised, shall be effective July I, 2012
through June 30, 2013. Each option shall be exercised by written agreement of the parties
executed on or before expiration of the current term.
This Agreement may be terminated at any time by thirty (30) days prior written notice
by either party. The terms of this Agreement shall remain in force unless amended by written
agreement of the parties executed on or before date of expiration of current term of the
agreement.
4. INDEMNITY.
Vendor agrees to and shall indemnify and hold the City, its elected officials, employees,
agents or representatives, free and harmless from all claims, actions, damages and liabilities of
any kind and nature arising from bodily injury, including death, or property damage, based on
asserted upon any or alleged act or omission of Vendor, its employees, agents, or
subcontractors, relating to or in any way connected with the accomplishment of the work or
performance of service under this Agreement, unless the bodily injury or property damage was
actually caused by the sole negligence of the City, its elected officials, employees, agents or
representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its
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own expense, including attorney's fees the City, its elected officials, employees, agents or
representatives from any and all legal actions based upon such actual or alleged acts or
omlsslOns. Vendor hereby waives any and all rights to any types of express or implied
indemnity against the City, its elected officials, employees, agents or representatives, with
respect to third party claims against the Vendor relating to or in any way connected with the
accomplishment of the work or performance of services under this Agreement.
5. INSURANCE.
While not restricting or limiting the foregoing, during the term of this Agreement,
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of $2,000,000.00 combined single limit, and statutory
worker's compensation coverage, and shall file copies of said policies with the CITY's Risk
Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
additional named insured in each policy of insurance provided hereunder. The Certificate of
Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
termination in the policy.
6. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or
sexual orientation, or any other status protected by law.
7. INDEPENDENT CONTRACTOR.
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
purposes VENDOR shall be an independent contractor and not an agent or employee of the
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CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
Compensation, and other payroll deductions for VENDOR and its officers, agents, and
employees, and all business licenses, if any are required, in connection with the services to be
performed hereunder.
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits,
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
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:
Public Services Director
300 North "D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
TO THE VENDOR:
"Y" Tire Sales
1941 N. Marianna Ave.
Los Angeles, CA 90032
Telephone: (323) 223-1391
Contact: Jack Shoemaker
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
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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 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 ofthe 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.
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15. HEADINGS.
The subject headings of the sections ofthis 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
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 prior agreements and understandings relating to the subject manner
of this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
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VENDOR SERVICE AGREEMENT
"Y" TIRE SALES
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IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and
date set forth below.
,2008
Dated:
,2008
Dated
Approved as to Form:
By: ~ ~ ~-IT/
James F. Penman, City Attom;&
VENDOR.
By:
Its:
CITY OF SAN BERNARDINO
By:
Lori Sasso on, Acting City Manager
i.
(
ATTACHMENT "1"
"Y"
TIRE SALES
GOODIYEAR
1941 Marianna Avenue. Los Angeles, California 90032
Telephone: (323) 223-1391 . Fax: (323) 222-3672
August 8, 2008
CITY OF SAN BERNARDINO
300 North "D" Street
4th floor, Attn: Deborah Morrow
San Bernardino, CA 92418
Re: Bid request F-09-01 for Tires - New and Recapped for Vehicles /
Equipment
Y Tire Sales, Inc. was incorporated in 1923. Our 35,000 square foot Commercial
Truck Tire Dept and Retread Plant in Los Angeles services all of Southern
California We have serviced your city for over six years, with pick up and
delivery every Monday and Tuesday & emergency deliveries daily. We look
forward to many more years of servicing the City of San Bernardino.
Sincerely,
Q...~~~~
~;k M Shoemaker
General Manager
Y TIRE SALES, INC.
1941 Marianna Ave.
Los Angeles. CA 90032
PH 323 223 1391
FX 3232222372
CL 323 855 5443
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City of San Bemardino. Finance Department
Purchasing Division
Bid Documents to Be Returned
RFQ F-09-01
TIRES - NEW AND RECAPPED FOR VEHICLES I EQUIPMENT
CoPY of Contractor License III Bid Content .nd Fonns, General Specification #35, Instructions to Offeror(s)
I Bidders
Bidder Exgerience, Competency, Qualification and Profile (Vendor Document) III
Proposal I Bid ontent Forms
Non-Collusion Affidavit (City Form) Instruction. to Offeror(s) I Bidders
LictiR€j of Proposed SUbGORtraGtor (City Form) 111 PFOpB6ol1 Bi. Cenl'Rt .n. "0'"'6
Price Form (City Form) Instructions to Bidders. 111 Bid Content and Fenn.
Authorized Signatures Instructions to Bidders
Bidder Identification III Bid Centent and Fenns
Addendum Received III Bid Content and Fenns
90 Day Bid Validity Statement III Bid Content .nd Fonns
Authorized Signatures 111 Bid Centent and Fenns
References III ~~'%~ and Fenn.
Proper Identification and Submittal of Proposal/Bid Package, and Price Form
Instructions to Bidders
Bidders are reauested to submit this checklist completed with all bid documents.
SECTION I.
INSTRUCTIONS TO BIDDERS
I. INSTRUCTIONS TO BIDDERS
A. Examination of Bid Documents
1. By submitting a bid, the Bidder represents that it has thoroughly examined
and become familiar with the items required under this 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 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.
B. 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.
C. Clarifications
1. Examination of Documents
Should a Bidder require clarifications of this RFQ, the Bidder shall notify
the City in writing in accordance with Section C.2 below. Should it be
found that the point in question is not clearly and fully set forth, the City
will issue a written addendum clarifying the matter, which will be sent to all
persons who have requested the RFQ.
2. Submittina Reauests
a. All questions, clarifications or comments shall be put in writing and
must be received by the City no later than July 23, 2008, and be
addressed
City of San Bernardino
300 North "D" Street
4th floor, Altn: 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.
3
The City will also accept questions sent by facsimile machines;
however, all faxed questions must be received by the City no later
than the date and time specified above. Send facsimile
transmissions to (909) 384-5043, attention: Deborah Morrow.
c. Inquiries received after 5:00 PM, PST, July 23, 2008, will not be
accepted.
3. City Responses
Responses from the City will be communicated in writing to all recipients
of this RFQ, and will be posted to the City's web page: www.sbcilV.org, faxed,
or postmarked no later than the close of business on July 28, 2008.
D. Submission of Bids
1. Date and Time
All bids are to be submitted to City of San Bernardino, Attention: Deborah
Morrow. Bids received after 3:00 PM. PST Auaust 7. 2008, will be
rejected by the City as non-responsive.
2. Address
Bids shall be addressed as follows:
City of San Bernardino
300 N. "D" Street, 4th floor - Purchasing
San Bernardino, CA 92418.
Bids may be delivered in person to the Purchasing Division, 4th floor of
the above address.
3. Identification of Bids
Bidder shall submit a bid package consisting of:
a) one (1) signed original and one (1) copy, (including price
form) in a sealed envelope.
The bid package shall be addressed as shown above, bearing the
Bidder's name and address and clearly marked as follows:
"RFQ F-09-01:
Tires. New and Recapped for Vehicles I Equipment"
4. Acceptance of Bids
4
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 responding to this RFQ.
c. The City reserves the right to postpone bid opening for its own
convenience.
E. Pre-Contractual Expenses
Pre-contractual expenses are defined as expenses incurred by the Bidder in:
1. preparing its bid in response to this RFQ;
2. submitting that bid to City;
3. negotiating with City any matter related to this bid; or
4. any other expenses incurred by the Bidder prior to date of award, if any, of
the Agreement.
The City shall not, in any event, be liable for any pre-contractual expenses
incurred by Bidder in the preparation of its bid. Bidder shall not include any such
expenses as part of its bid.
F. Contract Award
Issuance of this RFQ and receipt of bids does not commit the City to award a
Purchase Order. The City reserves the right to postpone bid opening for its own
convenience, to accept or reject any or all bids received in response to this RFQ,
and to negotiate with other than the selected Bidder(s) should negotiations with
the selected Bidder(s) be terminated. The City also reserves the riaht to
apportion the award amonq two or more Bidders.
G. Acceptance of Order
The successful Bidder will be required to accept a Purchase Order in accordance
with and including as a part thereof the published Notice Inviting Bids, and the
RFQ documents including all requirements, conditions and specifications
contained therein, with no exceptions other than those specifically listed in the
written purchase order.
5
SECTION II.
TECHNICAL SPECIFICATIONS
6
City of San Bernardino
TECHNICAL SPECIFICATIONS
RFQ F.Q9.01
TIRES. NEW / RECAP FOR VEHICLES AND EQUIPMENT
NOTICE "SPECIAL INSTRUCTIONS TO THE BIDDER"
Services:
Bidder shall complete right-hand column indicating brief reasoning for
exceptions to requirements when not acceptable. State "Acceptable" if
requirements are agreeable as set forth in left-hand column.
Equipment:
Bidder shall complete right-hand column indicating specific size and or
make and model of all components when not exactly as specified. State
"As Specified" if item is exactly as set forth in the left-hand column.
FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID
A.GENERAL ACCEPTABLE / AS
SPECIFIED
This specification describes the City of San Bernardino's
annual need for new, recapping, and repair of tires. All
materials used in the process of retreading and repairing
tires shall conform to specifications. Bidders must bid
for all tires as the City desires one vendor for recaps,
new (light) and new (heavy). All tires must be Goodyear
or Michelin. The successful bidder shall insure AC~eR rt1~I..€
availability of tires to support a minimum of thirty (30)
days of the City of San Bernardino's fleet operations,
specifically the Integrated Waste Management and
Police Fleets.
The City of San Bernardino as purchaser reserves the
right to reject any or all bids, to waive any informality in
bids, to accept in whole or in part such bid or bids and to
award the contract to other than the lowest bidder at its
discretion, as may be deemed in the best interest ofthe
purchaser.
B. RECAPPING/RETREADING HEAVY DUTY TIRES
1. Require seamless cap with a Goodyear or Michelin
Mold type bonding process or equivalent. Solice in
tread area not acceotable.
7
2. Tread rubber (mold cure) shall contain no less than
50% rubber hydrocarbons by weight. Tread rubber
shall have a minimum of 25% and a maximum of
40% polybutadine, and have the following
minimumlmaximum physical properties:
a. Tensile Strength (PSI) 2200
b. Elongation Percent 430 1 600
/lCCEPr40iE
c. Modulas at 300% 1100/1700
d. Hardness 60 170
e. Specific gravity 1105/1135
3. Tread Depth Requirements:
a. 26/32 deep standard rib "" C c. e ~ r71 (J 1I~
b. 32132 waste hauling lug
4. Tread Design:
a. Waste hauling lug
Acc.&I?rA6t.~
b. Standard highway rib
5. Tread Width. The tread width used shall be
determined by the requirements of the casing. The
maximum acceptable width shall be used unless ;1a.ef? 'T79 4~~
otherwise requested.
6. Curing Temperatures. All tires shall be cured at a
temperature not to exceed 300 degrees F. /1 alE' f? rA 13/.(=
.'
7. Pick-up and Delivery. All tires for recapping and
repairs shall be picked up and delivered to the Fleet
Garage at: 182 S. Sierra Way. San Bernardino on a "cc,;f?mq~c
weekly basis. All tires shall have one-week turn
around time.
8. Recapper shall perform nail hole repairs and section
repairs at no additional cost to the City. Al'c<!,p rA4~t:r
9. Recapped tires shall be branded using a City of San
Bernardino code to indicate number of times
recapped and serial number for tire tracking. Aaef? rA($LC
10. Disposition of all tires picked up shall be identified on
appropriate invoice. Tires not recappable shall be /I C:cC:P rA "l e
identified as to reason and returned as RAR.
g
11. Below is a partial listing of tires presently being
purchasedfrecapped. Quantities are approximate
and no guarantee is made as to the actual quantities
to be purchased.
Tire Size and Annual Usage 4C&~/?r4'~~c
Tire Size OTY
315f80R22.5 REAR RECAP ONLY-LUG TREAD 911
315f80R22.5 RECAP STEER CERTIFIED 134
12. Successful bidder will insure that they maintain a
minimum of 30 days stock of tires required to -'ICe. iEP m 8l e
support the City of San Bernardino Fleet operations.
C. NEW TIRES - LIGHT AND HEAVY EQUIPMENT
1. PatrollPursuit Tires shall be certified as such by the
manufacturer and be currently certified for use by ...
either the California Highway Patrol or Los Angeles /lee e/~ "",Sll:;
County Sheriff.
2. Police pursuit tires will be the same OEM brand of
tires supplied with vehicle (Ford Crown Victoria). l1ec.1f1? 71II8t.c
3. All passenger car tires shall have a minimum 75,000 .
mile rating. At:t:.C'P ml3lt
4. New heavy equipment tires shall be branded using
the City of San Bernardino numbering system to Aet:.e:r? malE
indicate serial number and manufacturer date.
D. TIRE WARRANTY AND FAILURE ADJUSTMENTS
1. Tires failing before 25% of original tread is worn
shall be refunded at the full tread cost. /I t:t:.~;? r;flJLC
2. Tires failing beyond the 25% shall be adjusted on a
pr01ated basis based on remaining tread. At:ecp,4SL/€
E. LIABILITY INSURANCE
The contractor shall furnish evidence of general
product liability insurance in the amount of $2,000,000. At:e. E P m I:1/. e
A certificate of insurance shall accompany the quote.
9
SECTION III.
BID CONTENT AND FORMS
10
III. BID CONTENT AND FORMS
A. BID FORMAT AND CONTENT
1. Presentation
Bids should not include any unnecessarily elaborate or promotional
material. Information should be presented in the order in which it is
requested. Lengthy narrative is discouraged, and presentations should be
brief and concise. Bids shall contain the following:
a. identification of Bidder, including name, address and telephone;
b. proposed working relationship between Bidder and subcontractors,
if applicable;
c. acknowledgment of receipt of all RFQ addenda, if any;
d. name, title, address and telephone number of contact person
during period of bid evaluation;
e. a statement to the effect that the bid shall remain valid for a period
of not less than 120 days from the date of submittal; and
f. signature of a person authorized to bind Bidder to the terms of the
bid.
Bidder may also propose enhancement or procedural or technical
innovations to the Technical Specifications which do not materially
deviate from the objectives or required content of the project.
2. ExceDtions/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 EXDerience 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
meeting schedules on similar projects; and supportive client reference.
11
Bidder shall:
a. provide a brief profile of the firm, including the types of services
offered; the year founded; form of the organization (corporation,
partnership, sole proprietorship); number, size and location of
offices; number of employees;
b. describe the firm's experience in performing work of a similar
nature to that solicited in this RFO:
c. provide, as a minimum, three (3) references as related to
experience; reference shall include the name, title, address and
telephone number of the person(s) a the client organization who is
most knowledgeable about the work performed.
4. Appendices
Information considered by Bidder to be pertinent to this RFO and which
has not been specifically solicited in any of the aforementioned sections
may be placed in a separate appendix section. Bidders are cautioned,
however, that this does not constitute an invitation to submit large
amounts of extraneous materials; appendices should be relevant and
brief.
B. LICENSING AND CERTIFICATION REQUIREMENTS
By submitting a bid, bidder warrants that any and all licenses and/or certifications
required by law, statute, code or ordinance in performing under the scope and
specifications of this RFO are currently held by bidder, and are valid and in full
force and effect. Copies or legitimate proof of such licensure and/or certification
shall be included in bidder's response. Bids lackina copies and/or proof of
said licenses and/or certifications mav be deemed non-responsive and mav
be reiected.
C. COST AND PRICE FORMS
Bidder shall complete the Price Form in its entirety including: 1) all items listed
and total price; 2) all additional costs associated with performance of
specifications; and 3) Bidder's identification information including a binding
signature.
I
Bidder shall state cash discounts offered. Unless discount payment terms are
offered, payment terms shall be "Net 30 Days". Payment due dates, including
discount period, 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.
12
Freight terms shall be F.O.B. Destination, Full Freight Allowed, unless otherwise
specified on price form.
13
PRICE FORM
REQUEST FOR QUOTES: RFQ F-09-01
DESCRIPTION OF RFQ: Tires - New and Recapped for Vehicles / Equipment
BIDDER'S NAME/ADDRESS: Y TI/2.E ~At.e'> INe..
Iql{l "'An. II'IHNA AilE"
t.t>.; ~1t/(;E"IES .,"4 9tlO32.
NAME/ TELEPHONE NO. OF
AUTHORIZED REPRESENTATIVE ..JA~'~ 1''' SHI)-=I"f"/~~~
323 :Z2~ /~91
(See Next Page)
14
PRICE FORM (continued)
List includes Tire Size, Annual Quantity, and Application (i.e. Light Vehicle, Heavy
Vehicle, and Other.) Quantities are approximate, and no guarantee is made as to
the actual quantities to be purchased.
CITY
PART
NUMBER
TIRE SIZE
FY 08/09
ESTIMATED
USAGE
21-020 31X13.5X15 4 PLY TURF (FRONT)
'd t.. ,I!
21-021 23X10.50X12 4 PLY TURF
.,.IoIco
21-029 P205175R15 STANDARD LOAD HWY
or;,,, ;Nr. IZ ,r
21-030 P195/65R14 STANDARD LOAD HWY
Goo 14/Z /II. A ~It
21-031 P195170R14 STANDARD LOAD HWY
Go e It I' r. f'2 (i.
21-032 P205170R24 STANDARD LOAD HWY
6
7
12
4
15
8
21-033 P 205/65R15 STANDARD LOAD HWY
Goo ~ ,
21-034 P185170R14 STANDARD LOAD HWY
20
16
01'
21-035 P195175R114 STANDARD LOAD HWY
Go 0 ~ r
21-036 P215170R14 STANDARD LOAD HWY
bD
21-038 P155/80R13 STANDARD LOAD HWY
tf) 0 IE' 1.1 A I
21-039 P175170R14 STANDARD LOAD HWY
Ilo/r~ f'2 Q, r
21-044 P215170R15 STANDARD LOAD HWY
o f5RG/r
21-046 P235170R15(PURSUIT - SPEED RATED)
<>0 I.~
21-048 P225170R15 (PURSUIT - SPEED RATED)
It> at.
21-049 P225/60R16 (PURSUIT - SPEED RATED)
GO u:'</
21-050 P235/55R17(PURSUIT - SPEED RATED)
.c"", ~"&ut
21-055 L T235175R15 6 PLY ALL POSITION
~" ft./2
21-060 P215/60R16 STANDARD LOAD HWY
GDOD II" Q l<kiF
26
40
7
29
16
8
65
410
362
18
12
15
COST
PER
TIRE
~~,'-I"
S~, 93
31. ~~
:>(;-21
,.$'f
11.:;'3
0-"/'1
.,("
.U
<{I.
/. Z.
7t>-
l.~(,
,"1c.
21-061 LT245175R1610 PLY ALL POSITION
D'~ He 12
21-067 LT235/85R1610 PLY ALL POSITION
~
21-068 L T215/85R16 8 PLY ALL POSITION
o II: R
21-116 RECAP 315/80R22.5 REAR (REFUSE LUG)
Gcc.o ~"Il. G( 7
21-117 255170R22.5
GOO 0 ."'''2 ~ 9
21-119 RECAP 315/80R22.5 FRONT (STEER
CERTFD H~/<''''S''''' wP R
21-125 NEW 315/80R22.5 20 PLY HSS
(;;.DDO'; GZe7H~$
21-126 NEW 9R22.5 12 PLY ALL POSITION
110
6'
" 7-'-3
82
40
9/. 0 '-
911
12
I(
Z.IItf.50
134
/" "':.1'-
60
.DO
20
21-130
2.0 .7&
21-128
39
8
21-129
12
2509
MINIMUM TREAD DEPTH FOR ALL HEAVY
DUTY RECAP (LUG STYLE) TIRES IS
32/32nds.
ANNUAL PURCHASE ORDER
Effective on or about September 1, 2008 through July 30, 2009 plus four (4) single year
options, for City's partial requirements, on an as-needed basis, with no guaranteed usage.
Option vear one, if exercised, shall be effective July 1, 2009 through June 30, 2010.
Option vear two, if exercised, shall be effective July 1, 2010 through June 30, 2011.
Option vear three, if exercised, shall be effective July 1, 2011 through June 30, 2012.
Option vear four, if exercised, shall be effective July 1, 2012 through June 30, 2013.
Prices may be adjusted annually (on the day the contract was signed by the City of San
Bernardino and the vendor). Under no circumstances will adjustments in the fees exceed five
(5) percent per additional period. Vendor must provide the City 60 (sixty) day written
notification of any proposed price increase. Price increases shall become effective 30 (thirty)
days after the City receives written notification of such increases. Vendor must also pass on
any decreases jn the same way.
16
CITY OF SAN BERNARDINO
BID SPECIFICATION NO.
F-09-01
7/01108 - 6/30/09
Y TIRE SALES INC.
PART # PRODUCT CODE SIZE DESCRIPTION CURRENl COMMENTS
AUTO PRICE
21-029 402 705 436 P205175R15 GOODYEAR INTERGITY $46-46
21-030 780 064 404 P195/65R14 GOODYEAR ULTRA GRIP $56.93
21-031 402 827 047 P195170R14 GOODYEAR INTERGITY $39.66
21-032 402211436 P205170R14 GOODYEAR INTERGITY $36.56
21-033 402 406 477 P205/65R15 GOODYEAR INTERGITY $50.21
21-034 402 102477 P185170R14 GOODYEAR INTERGITY $36.51
21-035 402 645 436 P195175R14 GOODYEAR INTERGITY $39.53
21-036 187 359 026 P215170R14 GOODYEAR REGATTA 2 $50.94
21-038 766 387 405 P155/80R13 GOODYEAR ULTRA GRIP $38.16
21-039 402266 047 P175170R14 GOODYEAR INTERGITY $35.61
21-044 402431 436 P215170R15 GOODYEAR INTERGITY $48.59
21-046 732 607 500 P235170R15 GOODYEAR EAGLE RSA $74.11
21-048 732 476 500 P225170R15 GOODYEAR EAGLE RSA $71.92
21-049 732 354 500 P225/60R16 GOODYEAR EAGLE RSA $70.36
21-050 732 002 500 P235/55R17 GOODYEAR EAGLE RSA $97.00
21-060 736 276 285 P215/60R16 GOODYEAR ASSURANCE $63.76
LIGHT TRUCK
21-055 744 626 602 L T235175R15 GOODYEAR WRANG RSA $81.26
21-061 749 353 434 L T245175R16 GOODYEAR WRANG RTS $97.63
21-067 744 725 502 L T235/85R 16 GOODYEAR WRANG HTS $102.19
21-066 749621 060 L T215165R16 GOODYEAR WRANG RTS $91.06
MEDIUM RADIAL
21-117 756 760519 255170R22.5 GOODYEAR G169 $244.30
21-126 136311186 GOODYEAR G149 GOODYEAR G149 $203.75
21-128 138 179 919 GOODYEAR G149 GOODYEAR G149 $294.34
21-129 756 246 567 GOODYEAR G114 GOODYEAR G114 $166.65
21-130 139418053 GOODYEAR G647 GOODYEAR G647 $217.62
SPECIALTY
21-020 3104965795 31X13.5X15 CARLISLE TURF (FRONT $196.75
21-021 303 455 294 5 23X10.50X12 NANCO 4 PLY TURF $52.45
RETREADS
21-119 256 760 186 315/80R22.5 REFUSE RIB 24/32 $145.26
21-116 254 096 072 315/80R22.5 GDYR G177 LUG 32/32 $176.94
RETREAD PRICES INCLUDE ALL REPAIRS
I I I
I I I
Actual option year pricing shall be negotiated with the successful Bidder(s) prior to exercising
of any 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 your
)i@1 in order to meet the requirements of the Technical Specifications? Yes /
U:!.Q.L... (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.
NoNE
Have you included in your bid all informational items and fonms as requestediY~0
/ No (circle one). If you answered "No", please explain:
This offer shall remain finm for 120 days from RFQ close date.
Terms and conditions as set forth in this RFQ apply to this bid.
Cash discount allowable % C days; unless otherwise stated, payment terms
are: Net thirty (30) days.
In signing this bid, Bidder warrants that 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.
17
Verification 'Of Addenda Received
Addenda No:
Addenda No:
Addenda No:
Received on:
Received on:
Received on:
AUTHORIZED SIGNATURE: ~ m7 ~-Ph~
PRINT SIGNER'S NAME AND TITLE:
-JAc.t<. t-f <HbE/vfA/<.EtZ
C ENE/2AL.. Ml'fuA-<; ,::,'2-
DATE SIGNED:
COMPANY NAME & ADDRESS:
€'< / 7 / l)~
PHONE: 32'-S 22'3 1391
y ."tZ.€ <..4t,E..; . /uc-
/'1'-/1 HlI-l<r#N'N'-4/1-Vc
L.,p--~ /f-,</t:'€LIC:>. LA q~.s2.
FAX: 323 2zZ 3"72-
EMAIL: Ynrz.E.JfjclttPAo!.Co (0(
IF SUBMITTING A "NO BID", PLEASE STATE REASON(S) BELOW:
18
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-09-01.
Business Name y TIlL Eo 5/1'-6 ~ I Ne. .
Business Address 1"1#1 HAflJA/.IJ.lA AU€' j..o':4#t::EU~
Signatureofbidder~ ~ ~
;Z'2~7 CMno"u;</4./ 0/7.0//1/'(0;1/(:;> 5412.
Place of Residence .
Subscribed and sworn before me this
b+L-. day of 4"'Sc...d
(L'NJI./'"S ;-oiL , State of
,200l?"
Notary Public in and for the County of
California.
My commission expires
De.~. 'i r 2Ouf!)
,20~.
J.~. Cll~S~RSlWlENCPHE~~
m- COlIlm.l1532856 rn
.. NOTMY 1U1UC.C!llfOAHIA
IiY....CNIly -
~ My CtIMI. Expiru D.c. ','DOl 't
~~~
19
SECTION IV.
GENERAL SPECIFICATIONS
20
GENERAL SPECIFICATIONS
1. Each bid shall be in accordance with Request for Quotes (RFQ) Number F-09-01. All specifications
are minimum. Bidders are expected to meet or exceed these specifications as written. Bidder shall
attach to their bid a complete detailed itemization and explanation for each and every deviation or
variation from the RFQ specifications and requirements. Condttional 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
whom best meets the City's requirements. This may include waiver of minor irregulartties 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 limned to,
wot1<manship, accessibility of parts and service, known evidence of manufacturer's responsibility and
record, durability and known operational record of product and suitabiltty 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 Bemardino 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 shall be acceptable who is not a reputable manufacturer or dealer of such
ttems as submitted for bid consideration.
6. All materials, wot1<manship 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 tt 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 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 lor Contractor shall defend any and all suits and assume all liability for any and all
claims made against the Ctty of San Bernardino, or any of ns officials or agents for the use of any
patented process, device or article forming a part of equipment or any ttem furnished under the
contract.
9. Each bidder must state in their bid the guaranteed delivery date of product andlor services in number
of calendar days from the date of contract execution by the City of San Bernardino, time is of the
essence relative to this contract. Contractor shall prosecute the work continuously and diligently and
shall deliver the items at the earliest pOSSible date following the award of the contract.
10. Each bidder shall list in their bid all factory, manufacturer's andlor dealer's warranty and/or guarantee
coverage and shall submtt 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 bid and
awarded, ready for installation and fully equipped as detailed in these specifications.
12. Price shall be quoted F.O.B. San Bernardino (all transportation charges shall be fully prepaid), and
shall include all discounts. Bid shall include California sales tax, where applicable, computed at the
rate of 7.75%, and an additional City of San Bernardino Transaction and Use Tax computed at
the rate of 0.25% where applicable (this will normally be shown as a separate line item on the price
form).
13. City shall make payment wtthin thirty (30) days after the complete delivery and acceptance of the
specified nems by the Ctty of San Bernardino and receipt of the Contractor's priced invoice.
14. All "standard equipment' is included in any bid. Bidders furnishing bids under these specifications
shall supply all nems advertised as "standard' equipment even if such items are not stipulated in the
specifications, unless otherwise clearly accepted in the bid.
15. The nems which the bidder proposes to furnish the City must comply in all respects with the
appropriate safety regulations of all regulatory commissions of the Federal Government and the State
of California, whether such safety features and/or items have been specifically outlined in these
specifications or not.
16. Contractor delivering equipment pursuant to these RFQ specifications shall guarantee that equipment
meets specifications as set forth herein. If n 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.
21
17. By submitting a bid, each bidder agrees that in the event complete delivery is not made within the time
or times set forth pursuant to this specification, damage will be sustained by the City, and that it is,
and will be impractical and extremely difficult to, ascertain the actual damage which the City will
sustain in the event of and by reason of such delay.
18. In case the delivery of the items under this contract is delayed due to strikes, injunctions, government
controls, or by reason of any cause or circumstance beyond the control of the Contractor, the time for
delivery may be extended (in the City's soie discretion) by a number of days to be determined in each
instance by mutual written agreement between the Contractor and the Purchasing Manager of the City
of San Bernardino. The City shall not unreasonably refuse such extension.
19. Contract. Each bid shall be submitted and received with the understanding that acceptance by the City
of San Bernardino of bid in response to this solicitation shall constitute a contract between the
Contractor and the City. This shall bind the Contractor to furnish and deliver at the prices bid and in
complete accordance with all provisions of RFQ No. F-09-01. In most cases the basis of award will be
the City's standard purchase order that mayor 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 othelWise, 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 notice inviting bids, RFQ F-09-01, 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 anyone of said documents shall be
deemed to be required equally as if called for in all. Anything necessary to complete the work property
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 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. The answers to material questions will be provided to all potential bidders.
25. BidlPrice 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, 4th Floor, City Hall, San
Bernardino, California 92418. CLEARLY MARK THE RFQ SPECIFICATION TITLE "TIRES - NEW
AND RECAPPED FOR VEHICLES f EQUIPMENT" AND NUMBER F-09-01 ON THE OUTSIDE OF
THE ENVELOPE.
26. Time. All bids must be received in the Purchasing Division no later than 3:00 PM, PST, August 7.
2008, where at such time and said place bids will be publicly opened, examined and declared. Any
bid may be withdrawn by bidder prior to the above scheduled time for the opening of bids. Any bid
received after that time and date specified shall NOT be considered.
27. The City of San Bernardino reserves the right at its own discretion to award separate contracts for
each category, or to award muitiple 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 offers and agrees that if the bid is accepted,
~ 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,
22
commencing with Section 16700 of Part 2 of Division 7 of the Business and Professions Code),
arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body
pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing
body tenders final payment to the bidder.
30. Contractor shall indemnify, defend and hold City, as 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
Attomey 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 worker's compensation coverage, and shall
file copies of said policies wah the City's Risk Manager prior to undertaking any work under this
Agreement. The policies shall name the City as an additional insured and shall provide for ten (10)
day notification to the City if said policies are terminated or materially altered.
~ FAITHFUL PERFORMANCE BOND I BID BOND. Not reauired. The Centrester will be required to
fIlmish a sashier's sheck, seRiliea shesl. er faithflll peFfermanee bend I bia bena mado payable to the
City ef San Ils,nardine iA an amaunt eqllal te 10Q% / 1 Q% at tha bid pFica te insll,a the sontFaeter's
fallhl..1 peFfermaAse at this ceAtraet. Said surety shall be subjeGl ta the appre'lal olthe CitS' ef SaA
!lernaraine, benas shall be iA ascoraaAse .....ith Or.Efinance Na. 821, Seotian 2400, aAa the sSFjlaratisA
issuiAg saia baRd shall I>a\'e a rating in !lest's meet resent insurance guide of ".'\" er belteF.
33. Written contract documents, duly authorized and signed by the appropriate authority, constitute the
complete and entire agreement(s) that may result from the RFO.
34. City may, at its discretion, exercise option year renewals for up to 4 years, in one-year increments.
35. By submitting a bid, bidder warrants that any and all licenses andlor certifications required by law,
statute, code or ordinance in performing under the scope and specifications of this RFO are currently
held by bidder, and are valid and in full force and effect. Copies or legitimate proof of such licensure
andlor certification shall be included in bidder's response. Bids lackino copies andlor proof of said
licenses andlor certifications mav 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 Municipai Code
M.C. 5.04.005) requires that a Business doing business with the City, obtain and Maintenance a vaNd
City Business Registration Cerlificate during the tenns of the Agreement.
23
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