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HomeMy WebLinkAbout14-Facilities Management CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Date: March 15,2004 Subject: Resolution authorizing issuance of a Purchase Order to JAS Pacific to perform inspector of record and special deputy inspection services for the Verdemont Fire Station #232 Project per RFQ F-04-035 at a cost of $83,500.00 From: James Sharer, Director Dept: Facilities Management OR\G\N!\l MlCC Meeting Date: April 5, 2004 Synopsis of Previous Council Action: None Recommended Motion: 1. Adopt Resolution Contact person: James Sharer ames W. Sharer Director of Facilities Mana ement Phone: 384-5244 Supporting data attached: Staff Report, Resolution Ward(s): 5 Source:: $83,500.00 CIEDB Funding No. 18-03-0157 211-377-5504-7451 FUNDING REQUIREMENTS: Amount: Barbara Pachon Director of Finance "i2t:%~ ~ '2C:\L\ ~ Council Notes: Agenda Item No. L 'I/5/0r CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT Resolution authorizing issuance of a Purchase Order to JAS Pacific to perform inspector of record and special deputy inspection services for the Verdemont Fire Station #232 Project per RFQ F-04-035 at a cost of $83,500.00 BACKGROUND The City of San Bernardino Building Official has determined pursuant to the California Building Standards Administrative Code (CBSA) that as an essential facility the construction phase of Fire Station #232 will require a resident project inspector of record (lOR). The lOR is a City provided inspection required to insure that the general contractor construction method, practice, and product adheres to the design criteria set forth in the project plans and specifications. The lOR must be on the job site whenever construction activities pertaining to structural integrity or fire and life safety are underway. These inspections are performed to augment the materials testing and inspection being engaged by Facilities (under separate contract) and the code inspections performed by the Building and Safety Department. The scope of work for this service was developed in conjunction with the Project Architect to reflect requirements of the scope of work and project specifications. The Bid process for F04-035 - Resident Inspection Services at Verdemont Fire Station #232 Project was performed by the Purchasing Department: . Bid notices were sent to (40) forty vendors and the SB Area Chamber of Commerce. This number included sixteen (16) local firms. . This was also advertised on the City's web site and in the Sun newspaper. . Five (5) responses were received, of which one was a "no bid" Pursuant to the CBSA Section 4-211 (b), as the enforcement agency for the City, the Building and Safety Division is charged with approval of the proposed lOR. As per this charge, the City Building Official reviewed the submitted proposals with their candidate lOR resumes. Subsequent to this review, on Thursday February 26th and March 1,2004 the City Building Official, the City Senior Building Inspector and the City Facilities Management Project Manager interviewed the proposed resident inspectors from each of the four firms. On March 2, 2004, based upon the proposal review, the interviews, and input from the interview panel members, the City Building Official provided a qualification determination and ranking for each, In order: 1. Add William Smith JAS Pacific Ontario CA Qualified 2. Tom Leslie Wildan Associates San Bernardino, CA Qualified 3. Justin Arnold James Peters CM Phelan, CA Not competitive 4. Dondi Diebert Engineering Resources San Bernardino, CA Withdrew proposal CHJ Inc. San Bernardino, CA (Not ranked due to no bid) Engineering Resources withdrew their proposal during the course of their interview. Mr. Diebert was not competitive in terms of qualifications, knowledge, and experience as acknowledged by his attending supervisor. Mr. Add Smith of JAS Pacific was deemed the most qualified to be the lOR. To support this effort the City Building Official determined that special deputy inspection support would be required for three critical areas of the scope: site grading, site concrete, and structural masonry. JAS Pacific will provide candidates under this purchase order to provide this service. Prior to assignment to the project, each candidate's certification, knowledge, and experience will be reviewed and approved by the City Building Official. SUMMARY OF FEESIPROPOSALS Fire Station #232 Firms: JAS Pacific - Ontario CA Hourly Rate $55.00/hour James Peters - Phelan, CA Willdan - San Bernardino, CA CHJ, Inc. - San Bernardino, CA Engineering Resources - San Bernardino, CA $65.00 $85.00 No bid Withdrew proposal Proposals for this scope was received on October 9, 2003, this was timed to coincide with the first bidding of the construction phase of the project. Due to the subsequent rejection of the original construction phase bids, the original 90-day proposal period would have lapsed prior to the re-scheduled anticipated award. JAS Pacific provided written agreement to extend their proposal unchanged to a l80-day period. Estimated hours to set budget: The JAS Pacific proposal is to provide resident inspection and special deputy inspection services at a rate of$55.00 per hour. The schedule for the construction phase allows 300 calendar days for completion. In this time frame there are approximately 214 workdays where it can be anticipated activities will be performed on-site requiring inspection. It is estimated that the lOR will be on-site an average of 4 hours per visit. The estimate for deputy special inspection is based upon the anticipated timeframe required for the given activity: 1. Resident Inspector (Inspector of Record) . 214 days x 4.0 hours x $55/hour Sub-Total . Continuous Special Deputy Inspection - Grading 200 hours x $55/hour = $11,000.00 . Continuous Special Deputy Inspection - Concrete 200 hours x $55/hour = $11,000.00 . Continuous Special Deputy Inspection - Masonry 260 hours x $55/hour = $14,400.00 Sub-Total Total Budget: FINANCIAL IMPACT $47,100.00 $36.400.00 $83,500.00 The project construction, materials testing and resident inspection portions will be funded with the approved financing through the California Infrastructure and Economic Development Bank's (CIEDB) Infrastructure State Revolving Fund Program (ISRF) being budgeted in acct. # 211-377-5504-7451. RECOMMENDATION 1. Adopt Resolution, o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o (C~~v RESOLUTION NO. RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR SERVICES AND ISSUANCE OF A PURCHASE ORDER TO JAS PACIFIC INC. TO PERFORM INSPECTOR OF RECORD AND SPECIAL DEPUTY INSPECTION SERVICES FOR THE VERDEMONT FIRE STATION #232 PROJECT PER RFP F-04-035. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. JAS PACIFIC Inc. is the lowest responsive Bidder for the Inspector of Record and Special Deputy Inspection professional services during the course of construction of the Verdemont Fire Station #232 project in the City of San Bernardino pursuant to RFP F-04-035. The Mayor is hereby authorized to execute the Agreement for Services attached and incorporated herein as Exhibit A. The Purchasing Manager is hereby authorized and directed to issue a purchase order which references this resolution to said Bidder in a not to exceed amoum of $83,500.00. SECTION 2. Any amendment or modification thereto shall not take effect or become operative until fully signed and executed by the parties and no party shall be obligated hereunder until the time of such full execution. No oral agreements, amendments, modifications or waivers are intended or authorized and shall not be implied from any act or course of conduct of any party. This resolution is rescinded if said Agreement is not executed within sixty (60) days of the passage of this resolution. IIIII No. J~ ~/5/D4 o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o c RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR SERVICES AND ISSUANCE OF A PURCHASE ORDER TO JAS PACIFIC INC. TO PERFORM INSPECTOR OF RECORD AND SPECIAL DEPUTY INSPECTION SERVICES FOR THE VERDEMONT FIRE STATION #232 PROJECT PER RFP F-04-035. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 2004, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA LONGVILLE MCGINNIS DERRY KELLEY JOHNSON MeC AMMACK Rachel G. Clark, City Clerk The foregoing resolution is hereby approved this day of 2004. Judith Valles, Mayor City of San Bernardino Approved as to form and legal content: ~ es F. Penman, City Attorney Exhibit 14A" o AGREEMENT FOR SERVICES This AGREEMENT is made and entered into this of 2004, by and between the CITY OF SAN BERNARDINO, California, a municipal corporation, hereinafter referred to as the "City" and JAS Pacific Inc., hereinafter referred to as "Consultant." WITNESSETH WHEREAS, City desires inspector of record and special deputy inspection services for the construction phase of the Verdemont Fire Station #232 Project in San Bernardino, California; and WHEREAS, Consultant has been approved by the Building Official of the City of San Bernardino pursuant to the California Building Standards Administrative Code Section 4-211 (b); and WHEREAS, San Bernardino City Council has elected to engage the services of Consultant upon the terms and conditions as hereinafter set forth; and NOW, THEREFORE, it is mutually agreed, as follows: 1. SCOPE OF SERVICES o Consultant shall perform those services specified in Request for Proposal, RFP F-04-035 and as contained in the proposal dated October 3, 2003, (which is on file at the City Clerk's Office) and copy of proposed costs, a copy of which is attached hereto as Exhibit "1", and all of which are incorporated herein as though set forth in full. 2. TERM OF AGREEMENT Consultant shall commence within five (5) days after the City has authorized work to start by issuance of a Notice to Proceed. 3. STANDARD OF PERFORMANCE Consultant shall complete all work in conformance with Federal, State, and local regulations and industry standards. 4. CHANGESIEXTRA SERVICES A. Performance of the work specified in the Request for Proposal RFP F -04-035 dated October 3, 2003, are made an obligation of Consultant under this Agreement, subject to any changes made subsequently upon mutual agreement of the parties. All such changes shall be considered as additional tasks and shall be incorporated by written amendments to this Agreement and include any increase or decrease in the amount of compensation due Consultant for the change in scope. Any change, which has not been so incorporated, shall not be binding on either party. o B. Consultant shall render no extra services under this Agreement unless City authorizes such extra services in writing prior to performance of such work. Authorized extra services shall be invoiced based on the authorized additional task amounts. Exhibit "A" o 5. COMPENSA nON A. Upon satisfactory completion of the work, the Consultant will be paid time and material not to exceed $83,500 at a rate of $55.00 per hour, in arrears, for all work and services performed under this contract and upon receipt of itemized invoices, submitted in triplicate to the contract manager. The invoice amount will be based on the actual hours performed by task. Consultant will submit an invoice to the City on a monthly basis. B. Said compensation shall not be altered unless there is significant alteration in the scope, complexity or character of the work to be performed. City and Consultant shall agree upon any such significant alteration in writing before commencement of performance of such significant alteration by Consultant. Any adjustment of the total cost of services will only be permitted when the Consultant establishes and City has agreed in writing that there has been, or is to be, a significant change in: 1. Scope, complexity, or character of the services to be performed; 2. Conditions under which the work is required to be performed; and 3. Duration of work if the change from the time period specified in the Agreement for completion of the work warrants such adjustment. o C. The Consultant is required to comply with all Federal, State and local laws and ordinances applicable to the work. The Consultant is required to comply with minimum wage rates in accordance with California Labor Code Section 1770. 6. PAYMENT BY CITY A. The billings for all services rendered pursuant to this Agreement shall be submitted by Consultant to City and shall be paid by City within twenty (20) days after receipt of same, excepting any amounts disputed by City. Dispute over any invoiced amount shall be noticed to the Consultant within ten (10) days of billing and a meet and confer meeting for purposes of resolution of such dispute shall be initiated by the City within (10) days of notice of such dispute. All tasks as specified in Exhibit "1" shall be completed prior to final payment. B. No payment will be made for any work performed prior to approval of this contract by City and Notification to Proceed. 7. SUPERVISION AND ACCEPTANCE OF SERVICES A. The Director of Facilities Management of City, or his designee, shall have the right of general supervision over all work performed by Consultant and shall be City's agent with respect to obtaining Consultant's compliance hereunder. No payment for any services rendered under this Agreement shall be made without prior approval of the Director of Facilities Management or his designee. o 2 08. Exhibit '"A" COMPLIANCE WITH CIVIL RIGHTS LAWS Consultant hereby certifies that it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, marital status, age, handicap or national origin. Consultant shall comply with all State and Federal Civil Rights Laws in its hiring practices and employee policies. Such action shall include, but not be limited to, the following: recruitment and recruitment advertising, employment, upgrading, and promotion. 9. TERMINATION OF AGREEMENT c o A. This Agreement may be terminated by either party upon thirty (30) days' written notice in the event of substantial failure of the other party to perform in accordance with the terms of this Agreement. Each party shall have twenty (20) days following the date of such notice within which to correct the substantial failure, giving rise to such notice. In the event of termination of this Agreement, City shall within thirty (30) days pay Consultant for all the fees, charges and services performed to City's satisfaction by Consultant, which finding of satisfaction shall not be unreasonably withheld. Consultant hereby covenants and agrees that upon termination of this Agreement for any reason, Consultant will preserve and make immediately available to the City, or its designated representatives, maps, notes, correspondence, or records related to work paid for by the City and required for its timely completion, and to fully cooperate with City so that the work to be accomplished under this Agreement may continue within forty-five (45) days of termination. Any subsequent use of such incomplete documents, other than their originally intended use, shall be at the sole risk of the City, and the City agrees to hold harmless and indemnify Consultant from any claims, losses, costs, including attorney's fees and liability arising out of such use. Consultant shall be compensated for such services in accordance with Exhibit "I". B. This Agreement may be terminated for the convenience of the City upon thirty (30) days written notice to Consultant. Upon such notice, Consultant shall provide work product to City, and City shall compensate Consultant in the manner set forth above. C. Following the effective date of termination of this Agreement pursuant to this section, the Agreement shall continue until all obligations arising from such termination are satisfied. 10. CONTINGENCIES In the event that, due to causes beyond the control of and without the fault or negligence of Consultant, Consultant fails to meet any of its obligations under this Agreement, and such failure shall not constitute a default in performance, the City may grant to Consultant such extensions of time and make other arrangements or additions, excepting any increase in payment, as may be reasonable under the circumstances. Increases in payment shall be made only under the "changes" provision of this Agreement. Consultant shall notify City within three (3) days in writing when it becomes aware of any event or circumstances for which it claims or may claim an extension. 3 Exhibit "A" o II. INDEPENDENT CONTRACTOR Consultant shall act as an independent contractor and shall not be considered an employee of the City in the performance of the services provided for under this Agreement. Consultant shall furnish such services in its own manner. Consultant shall not be entitled to any benefits of employment from City, including but not limited to, Workers Compensation Insurance benefits. This Agreement is not intended and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture, or association between Consultant and the City. 12. ASSIGNMENT OR SUBCONTRACTING Consultant shall not assign this Agreement, or any portion thereof without the written consent of City. Any attempt by Consultant to assign or subcontract any performance of this Agreement without the written consent of the City shall be null and void and shall constitute a breach of this Agreement. All subcontracts exceeding $10,000 shall contain all provisions of this contract. 13. NOTICES All official notices relative to this Agreement shall be in writing and addressed to the following representatives of Consultant and City: c CONSULTANT CITY J. Addison Smith J AS Pacific Inc. 360 South Miliken, Suite H Ontario, CA 91761 Jim Sharer Director of Facilities Management 300 N. "D" Street San Bernardino, CA 92418 14. RESPONSIBILITIES OF PARTIES A. The Consultant may reasonably rely upon the accuracy of data provided by the City or its agents. B. Upon completion of all work under this contract, ownership and title to all reports, documents, plans, specifications, and estimates produced as part of this contract will automatically be vested in the City and no further agreement will be necessary to transfer ownership to the City. c. For the purpose of determining compliance with Public Contract Code Section 10 liS, et. seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et. seq., when applicable, and other matters connected with the performance of the contract pursuant to Government Code Section 8546.7, the Consultant, subconsultant, and the City shall maintain all the books, documents, papers, accounting records, and other evidence pertaining to the performance of the contract, including but not limited to, the costs of administering the contract. o All parties shall make such materials available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under the contract. The State, the State Auditor, or any duly authorized 4 o 15. o 16. o Exhibit "A" representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the Consultant that are pertinent to the contract for audits, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested. HOLD HARMLESS CLAUSE A. Consultant shall indemnify, defend and hold free and harmless the City, its officers, and its employees from all claims, damages, costs, expenses, and liability, including, but not limited to attorney's fees, imposed upon them for any alleged infringement of patent rights or copyrights of any person or persons in consequence of the use by City, its officers, employees, agents, and other duly authorized representatives, of programs or processes supplied to City by Consultant under this Agreement. B. The prevailing party in any legal action to enforce or interpret any provisions of this Agreement will be entitled to recover from the losing party all reasonable attorneys' fees, court costs, and necessary disbursements in connection with that action. The costs, salary, and expense of the City Attorney and members of his office, in connection with that action shall be considered as attorneys' fees for the purposes of this Agreement. INDEMNITY Consultant shall indemnify, defend and hold harmless City from and against any and all claims, demands, suits, actions, proceedings, judgments, losses, damages, injuries, penalties, costs, expenses (including reasonable attorney's fees), and liabilities, of, by, or with respect to third parties, which arise from Consultant's negligent performance of services under this Agreement. Consultant shall not be responsible for, and City shall indemnify, defend, and hold harmless Consultant from and against, any and all claims, demands, suits, actions, proceedings, judgments, losses, damages, injuries, penalties, costs, expenses (including reasonable attorney's fees) and liabilities of, by or with respect to third parties, which arise from the City's negligent performance under this Agreement. With respect to any and all claims, demands, suits, actions, proceedings, judgments, losses, damages, injuries, penalties, costs, expenses (including reasonable attorney's fees) and liabilities of, by or with respect to third parties, which arise from the joint or concurrent negligence of Consultant and City, each party shall assume responsibility in proportion to the degree of its respective fault. 17. LIABILITY/INSURANCE Consultant shall maintain insurance policies meeting the minimum requirements set forth herein. All insurance maintained by the Consultant shall be provided by insurers satisfactory to the City. Certificates evidencing all insurance coverage required herein shall be delivered to the City prior to the Consultant performing any of the services under this Agreement. All insurance certificates required herein shall name the City as an additional insured and provide for thirty-(30) days written notice from the insurer to the City prior to cancellation of any insurance policy of the Consultant. 5 c o c Exhibit "A" Comprehensive General Liability and Automobile Insurance. The Consultant shall maintain comprehensive general liability and automobile liability insurance with a combined single limit of not less than One Million Dollars ($1,000,000.00) per occurrence. B. Errors and Omissions Insurance. The Consultant shall maintain errors and omissions insurancelprofessional liability) in the amount of two million dollars ($2,000,000.00), with the City of San Bernardino named as an additional insured. A. B. Worker's Compensation Insurance. The Consultant shall maintain worker's compensation insurance in accordance with the laws of the State of California for all workers employed by the Consultant. 18. VALIDITY Should any provision herein be found or deemed to be invalid, this Agreement shall be construed as not containing such provision, and all other provisions which are otherwise lawful shall remain in full force and affect, and to this end the provisions of this Agreement are declared to be severable. 19 ENTIRE AGREEMENT This Agreement represents the entire and integrated agreement between the parties hereto and supersedes all prior and contemporaneous negotiations, representations, understandings, and agreements, whether \\Titten or oral, with respect to the subject matter thereof. This Agreement may be amended only by \\Titten instrument signed by both parties. III III 6 Exhibit "An ~EMENT FOR Services with JAS Pacific Inc.; IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date written above by their duly authorized officers on their behalf. ATTEST: CITY OF SAN BERNARDINO BY: BY: Rachel Clark, City Clerk City of San Bernardino Judith Valles, Mayor City of San Bernardino J AS Pacific Inc. BY: Signature c NAME: TITLE: Approved as to fonn and legal content: JAMES F. PENMAN City Attorney III III o 7 c o o ExhiMt'!l" ',l: 'i~~ilil,: .'. "'-'-'." :~~;~i~~~~i Municipal Consulting and Engineering Services Octobet I. 2003 Ms. Marsha Zeller. C.P.M. Purchasing Department. 4'h Floor Ciry of San Bernardino 300 North D Strret San Bernardino. Ca. 92418 Re: Verdemont Fire Station Construction Inspector Dear Ms. Zeller, We appreciare the opportuniry to respond to the Request for Ptoposal to ptovide services to the Ciry of San Bernardino. Throughout the years. JAS Pacific has proudly delivered exceptional personnel and customer service. and we are confident that we can fulfdl the requirements in these areas. with our knowledge of the scope of services. JAS Pacific has become a leading provider of municipal consulting semces m Southern California. and concentrating on this local region allows us to be more personal and accessible to, our clients. We value and support the communities we serve and believe this is evident in our dealings and work relationships we have formed. We invite you to contact our references as we feel these are an ultimate measure of our service. In the enclosed proposal, we have addressed objectives to provide professional services; the major benefits eo be expected are: Professionally Registered and Certified Staff Rapid Response for All Service Requests Excellent Past Record of Performance Cost Effective Quality Service Flexible Service Program Once again. JAS Pacific. Inc. is pleased at the opportunity to present our Statement of Qualifications and Proposal to Provide Services. Should there be a specific area not addressed herein. please feel fr.. to contact me at (909) 605-7777 so that I may accommodate you accordingly. Respectfully. ~~ ~ J. Addison Sm. . President a.,...lI/t;. JlO SouIbMiIJiim Suite H 0aIlIri0 CMi/iJnJi1191761('J09)60J-7777 Far 9OUOJ.6J19 ) 10 I ) I I I I Ie I I ) ] ] J J JO Exhibit "1" SCHEDULE o F FEE S RFP F-o+o3S; Resident In~ctor for Construction ofYerdemontFire Station JAS Pacific i. pleased to provide the following Fee Schedule for the proposed semees for your evaluation. All fee. are billed on a monthly basi.. Fees .hall only be charged .hould professional be c:a1Ied upon. actual hour. will be billed with all requests for semces. In.pector $SS.OO per hour 19 c I I I Ie I II J J f, j .;j 10 Exhibit "l" PRICE FORM REQUEST FOR QUOTES: RFQ F-04-035 DESCRIPTION OF RFQ: Consulting Resident Inspector for Construction of Verdemont Fire Station BIDDER'S NAME/ADDRESS: JAS Pacific 360 S Milliken. Ste H. Ontario. Ca. 91761 NAMElTELEPHONE NO. OF: 909-605-7m AUTHORIZED REPRESENTATIVE: J. Addison Smith Please provide detailed Firm Fixed Price cost information in the spaces provided below and any other incidental or additional costs required to complete the Technical specification requirements. SCHEDULE OF FEES PROVIDED ON PAGE 20 Are there any other additional or incidental costs which will be required by your r;;\ firm in order to meet the requirements of the Technical Specifications? Yes I '-:::...J (circle one). If you answered "Yes., please provide detail of said additional costs: nIa Please indicate any elements of the Technical Specifications which cannot be met by your firm. 21 Exhibit "1" c PRICE FORM Have you included in your bid all informational items and forms as requested? No I (circle one). 8 If you answered "No., please explain: This offer shall remain firm for 90 days from RFQ close date. I c I .' I I' II I I I I II ! , , Terms and conditions as set forth in this RFQ apply to this bid. Cash discount allowable 0 % 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 waslwere received. Verification of Addenda Received Addenda No: Received on: Addenda No: Received on: Addenda No: Received on: AUTHORIZED SIGNATURE: ; i PRINT SIGNER'S NAME AND TITLE: J. Addison Smith. President DATE SIGNED: October 3. 2003 COMPANY NAME & ADDRESS: JAS Pacific 360 S Milliken. Sm H. Ontario. Ca. 91761 c PHONE: FAX: 909-605-7777: FAX 909-605-0319 IF SUBMITTING A "NO BID", PLEASE STATE REASON (S) BELOW: 22 Exhibit "1" c BID BOND (in lieu of cash, cashier's check or certified check) KNOW ALL PEOPLE BY THESE PRESENT: JAS Pacific CONTRACTOR, and , as , as Surety, are held and firmly bound unto THE CITY OF SAN BERNARDINO, hereinafter called OWNER, in the sum of ten (10) percent of the total bid price for the BID purposes. We bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these present. o WHEREAS, CONTRACTOR shall forfeit the bid bond in the amount of Dollars and Cents (ten percent of total bid price), and such security shall be applied to or be remitted to the City of San Bernardino, as liquidated damages, should the bidder to whom the contract is awarded fail to enter into the contract. All bonds furnished pursuant to this notice must be underwritten by a surety company, having a rating in Best's most recent insurance guide of "A" or better work. SIGNED AND SEALED, this day of ,20 (SEAL) (SEAL) CONTRACTOR SURETY BY: BY: SIGNATURE SIGNATURE (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY) JAS PACIFIC MAINTAINS ERRORS & OMISSIONS {pROFESSIONAL LIABILITY) INSURANCE TO INSURE ALL PROJECTS IN THE AMOUNT OF TWO MILLIONS DOLLARS Note: All bids or quotes shall be accompanied by a bidder's bond, certified or C cashier's check, or cash in the amount of ten (10) percent of the total bid. 23 I Ie I I I I I I I o I . I I ] ] , , i I i 1 I ~ I I I I 1:0 Exhibit "1" 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 pe~ury: 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-04-035. Business Name: JAS Pacific Business Address: 360 S Milliken Ste H Ontario. CA 91761 Signature of bidder X ~ _ .s: Chino Hills. California Place of Residence Subscribed and swom before me this ~ ""'-- day of tf-, -rofx..t'1/ , 20Q,2 Notary Public in and for the County of 9W f3.,<jt..J ~ VJ . State of Califomia. My commission expires 10- C,-D? ,2~. {J\.~ C'~~T - - - - - - -' - - - - -I l@ LOUISE A.. MANZANO CommIsslon'1271l8l z ~ ,..; ~ Notay P\t)I1c - Canfaria ~ z, San Bernardino County i i_ - - ~~.:.~~~~ 24 Exhibit"}" o RFP F04-035 Technical Specifications Verdemont Fire Station Project SCOPE OF CONSULTING RESIDENT INSPECTOR The City of San Bernardino Building Official has determined that a resident project inspector must be on the jobsite whenever construction is underway that in any way could impact structural integrity or fire and life safety. The City is seeking to engage the services of a qualified resident inspector to insure that the construction of the Verdemont Fire Station project is per the project plans and specifications as created by WLC Architects Inc. The City of San Bernardino Building Official will make final approval of the resident project inspector candidate (firm). The consulting resident inspector shall review the project plans and specifications, and based upon this review, create a proposal that will detail the resident inspection scope believed necessary for the successful completion of the project. The scope of services shall include, but not be limited to, the following as identified in the project specifications: o 1.11 A. B. C. o E. INSPECTION BY THE OWNER D. An Inspector employed by the Owner in accordance with the requirement of State of California Code of Regulations Title 24, Part I will be assigned to the work. His duties are specifically defined in Section 4-342 ofTitle 24, Part 1. The Owner and his representatives shall at all times have access for the purpose of inspection to all parts of the work and to the shops wherein the work is in preparation, and the Contractor shall at all times maintain proper facilities and provide safe access for such inspection. The work of construction in all stages of progress shall be subject to the personal continuous observation of the Inspector. He shall have free access to any or all parts of the work at any time. The Contractor shall furnish the Inspector reasonable facilities for obtaining such information as may be necessary to keep him fully informed respecting the progress and manner of the work and the character of the materials. Inspection of the work shall not relieve the Contractor from any obligation to fulfill this Contract. The presence of an Inspector shall in no way change, mitigate or alleviate the responsibility of the Contractor. The Inspector is not authorized to change, revoke, alter, enlarge or decrease in any way any requirement of the Contract Documents, drawings, specifications or subsequent change orders. Whenever there is insufficient evidence of compliance with any of the provisions of Title 24, Part 2 of the California Code of Regulations or evidence that any material or construction does not conform to the requirements of Title 24, Part 2 of the California Exhibit"}" c Code of Regulations, the Owner may require tests as proof of compliance. Test methods shall be as specified herein or by other recognized and accepted test methods determined by the owner. All tests shall be performed by a testing laboratory accepted by the Owner. The consulting resident inspector will provide a proposal to the City of San Bernardino to perform services that will address at a minimum the following: The City of San Bernardino anticipates that the consulting resident inspector shall visit the site daily at random. Excepting required inspections prearranged with the projects prime contractor as approved by the City to insure inspection prior to covering. For purposes of the proposal it is anticipated the normal daily inspection will last approximately three (3) hours. The City of San Bernardino has estimated the construction period will be 300 calendar days in length. Full time continuous inspection will be required during those periods as determined by the City of San Bernardino Building Official but at a minimum will include: . During the course of all grading activities . Inspections of footing excavation, sub grade, reinforcement steel, and forming prior to placement of all structural concrete o · During the placement of concrete with design strength of 2500 psi or greater . Continuous inspection of masonry . If additional continuous work items are required to be in compliance with the Building Official's determination, please indicate the rationale behind the addition as an attachment to the submitted proposal. The consulting resident inspector will provide the City of San Bernardino with the following documentation: . Daily Inspection Reports in a format acceptable to the City including but not limited to: . Time of visit to the site . Summary of conversations held with prime contractor superintendent . Current site activities. . Sub-contractors on-site at time of inspection . Items or portions of project inspected - conformance/non-conformance with specifications. The consulting resident inspector will collect and provide to the City project documentation such as but not limited to: . Owner copy of plant batch tickets . Owner copy of material/shipment o c o o Exhibit'"}" The consultant resident inspector will attend the following meetings: . Project Pre-construction meeting . Regular job-site meetings . Inspection for Substantial Completion with Project Team . Inspection for Final Completion with Project Team The consultant resident inspector will help develop and prepare the substantial completion punch list in conjunction with the Project Manager, the Project Contractor and the Commissioning Agent for any remaining work to be completed by the Contractor. The consultant resident inspector shall have a minimum of five (5) years of successfully inspecting projects of this nature. Provide a resume of work experience including a list of references with a minimum of ten (10) names, with current teleph9ne. numbers and addresses, of stakeholders involved in the projects for that period. The consultant resident inspector shall have ACIA or ICBO certifications in good standing for all disciplines of the scope to be inspected and a copy of each of the certifications are required as part of the Engineer's proposal. . If a Team is to be proposed to perform the resident inspection services provide a resume with qualifications, references, and certifications as described above for each. The consulting resident inspector will provide in their proposal the entire cost of providing the inspection service; time onsite, travel time, mileage, vehicle cost, materials, etc in the form of a cost per hour ($/hour) rate. OFFICE OF THE CITY CLERK RACHEL G. CLARK, C.M.C. - CITY CLERK 300 North "D" Street. San Bernardino' CA 92418-0001 909.384.5002' Fax: 909.384.5158 www.ci.san-bernardino.ca.us '" April 8, 2004 J. Addison Smith J AS Pacific, Inc. 360 South Miliken, Suite H Ontario, CA 91761 .' Dear Mr. Smith, At the Mayor and Common Council meeting of April 5, 2004, the City of San Bernardino adopted Resolution 2004-89 - Resolution authorizing execution of an agreement for services and issuance of a purchase order to JAS Pacific, Inc., to perform inspector of record and special deputy inspection services for the Verdemont Fire Station #232 project, per RFP F-04-035 . Enclosed is one (I) original agreement. Please sign in the appropriate location and return the original agreement to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318, San Bernardino, CA 92402, as soon as possible. Please be advised that the resolution and agreement will be null and void if not executed within 60 days, or by June 4, 2004. If you have any questions, please do not hesitate to contact me at (909)384-5002. Sincerely, - l (JhD~~ r Michelle Taylor Senior Secretary Enclosure CITY OF SAN BERNARDINO ADOPTED SHARED VALUES: Integrity' Accountability' Respect for Human Dignity' Honesty CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: April 22, 2004 TO: James Sharer, Director of Facilities Management FROM: Michelle Taylor, Senior Secretary RE: Resolution 2004-89 - JAS Pacific, Inc. CC: Veronica Martinez, Senior Secretary Attached is a fully executed copy of the services agreement with JAS Pacific, Inc., to perform inspector of record and special deputy inspection services for the Verdemont Fire Station #232 project, per RFP F-04-035. The original agreement is on file in the City Clerk's Office. If you have any questions, please call me at ext. 3206. , ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): 4-5-04 Item # Vote: Ayes 1- ') Nays.€:f Change to motion to amend original documents 0 I~ Resolution # Abstain -er "2.O:l4- ~ '1 Absent -er Companion Resolutions Null/Void After: (.,0 days I "-4-64- Resolution # On Attachments: 0 Note on Resolution of attachment stored separately: 0 PUBLISH 0 POST 0 RECORD W/COUNTY 0 By: Date Sent to Mayor: Date of Mayor's Signature: Date of Clerk/CDC Signature: ~H::)t':A ~.\-()l\ ~'j(-1)q Reso. Log Updated: Seal Impressed: Q- Q-- Date Memo/Letter Sent for Signature: I st Reminder Letter Sent: l..{-,<-oy Date Returned: J:\-,;}I-Oi- Not Returned: 0 2"d Reminder Letter Sent: Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): Yes V No Yes NoL- Yes No ./ Yes No :I Yes No_ Copies Distributed to: Animal Control 0 EDA 0 Information Services 0 City Administrator 0 Facilities 0'" Parks & Recreation 0 City Attorney ~ Finance ~ Police Department 0 Code Compliance 0 Fire Department 0 Public Services 0 Development Services 0 Human Resources 0 Water Department 0 Others: .3 Notes: Ready to File: _ Date: Revised 12/18/03