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HomeMy WebLinkAbout2008-380 13 14 or the Stater Bros. Corporate Center Project since the start of construction in August 2007, and 15 16 17 22 rovide for the continuity of inspection services until the completion of the project. 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 18 19 20 21 26 27 28 RESOLUTION NO. 2008-380 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A NEW ERVICES AGREEMENT WITH ALBERT JOHNSON FOR THE PROVISION OF ONTRACT BUILDING INSPECTION SERVICES FOR THE STATER BROS. ROJECT. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY F SAN BERNARDINO AS FOLLOWS: WHEREAS, on October] 7,2005 the Mayor and Common Council adopted esolution No. 2005-34] approving Services Agreements for contract building inspection ervices with Albert Johnson and California Code Check, and WHEREAS, said Services Agreements will expire on October] 9,2008, and WHEREAS, the consultant, Albert Johnson, has been assigned as the inspector of record WHEREAS, the project is cxpected to be completed in February 2009 and Stater rothers representatives have expressed a desire to continue using the contract inspection ervices of A]bert Johnson through-the completion of the project with the associated costs being ome by Stater Brothers, and WHEREAS, it is necessary to extend the purchase order for FY08-09 and to initiate a ew Services Agreement with the consultant, Albert Johnson, for the interim period and to NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION ]. That the Agreement for Contract Building Inspection - ] - 2008-380 -2- 2008-380 1 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A NEW 2 SERVICES AGREEMENT WITH ALBERT JOHNSON FOR THE PROVISION OF CONTRACI' BUILDING INSPECTION SERVICES FOR THE STATER BROS. 3 PROJECT. 4 5 I HEREBY CERTIFY that the foregoing Reso]ution was duly adopted by the Mayor and joint 6 Common Council of the City of San Bernardino at a re~ular meeting thereof, held on the 76th day of October 8 Council Members: AYES , 2008, by the following vote, to wit: NAYS ABSTAIN ABSENT 9 10 11 ESTRADA x BAXTER x 12 BRINKER 13 14 15 16 ~ DERRY x KELLEY x JOHNSON x x MCCAMMACK 17 18 ~~J1.UtuJe, Rae e] G. Clark, Ctty Clerk 19 20 The foregoing Resolution is hereby approved this r 2008. day of October 21 22 23 24 Approved as to Form: 25 26 ~~JM'Ma . tri . oms, yor City of San Bernardino JAMES F. PENMAN City Attorney 27 28 -3- 2008-380 AGREEMENT FOR SERVICES FOR CONTRACT BUILDING INSPECTION SERVICES FOR THE COMPLETION OF THE STATER BROS. CORPORATE CENTER PROJECT THIS AGREEMENT is made and entered into this 6th day of October 2008 ("Effective Date"), by and between the CITY OF SAN BERNARDINO, a charter city ("City"), and ALBERT JOHNSON ("Consultant"). WITNESSETH: A. WHEREAS, on October ]7, 2005 the Mayor and Common Council adopted Resolution No 2005-341 approving Services Agreements for contract building inspection services with Albert Johnson and California Code Check, and B. WHEREAS, said Services Agreements will expire on October ]9,2008, and C. WHEREAS, the Consultant, Albert Johnson, has been assigned as the inspector of record for the Stater Bros, Corporate Center Project since the start of construction in August 2007, and D. WHEREAS, the project is expected to be completed in February 2009 and Stater Bros,' representatives have expressed a desire to continue using the contract inspection services of Albert Johnson through the completion of the project with the associated costs being borne by Stater Bros. Inc., and E. WHEREAS, it is necessary to extend the purchase order for FY08-09 and to provide a new Services Agreement with the consultant, A]bert Johnson, to provide for the continuity of inspection services until the completion of the project. F. WHEREAS, Consultant represents that he has that degree of specialized expertise contemplated within California Government Code, Section 37]03, and holds all necessary licenses to practice and perform the services herein contemplated; and G. WHEREAS, City and Consultant desire to contract for specific services in connection with the project described below (the "Project") and desire to set forth their rights, duties and liabilities in connection with the services to be perforrned; and H. WHEREAS, no official or employee of City has a financial interest, within the provisions of California Government Code, Sections] 090-] 092, in the subject matter of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: ~; 2008-380 1.0. SERVICES PROVIDED BY CONSULTANT 1.1. Scope of Services. Consultant shall furnish contract building inspection services to the City for the Stater Bros. Corporate Center Project on an as needed basis in accordance with Proposal Specification F-06-06, a copy of which is attached hereto marked Attachment ] and by this reference made a part hereof. ] .2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant's performance of this Agreement. 1.3. Warrantv. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws including, but not limited to, those laws related to minirnum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicab]e to the services required under this Agreement. Consultant shall indemnifY and hold harrnless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement. ].4. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation, or any other category protected by law, except as permitted pursuant to Section ]2940 of the Government Code. Violation of this provision may result in the imposition of penalties referred to in Labor Code, Section] 735, 1.5 Non-Exc]usive Alrreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement. ] .6. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. 1.7. Business License: The Consultant shall obtain and maintain a valid City Business Registration Certificate during the term of this Agreement. 2008-380 ] .8. Duty of Lovalty/Conflict of Interest. The Consultant understands and agrees that, as the City's contract building inspection consultant, he shall maintain fiduciary duty and a duty of loyalty to the City in performing Consultant's obligations under this Agreement. Consultant, in perfonning its obligations under this Agreement, is governed by California's conflict of interest laws, Government Code Section 87]00 et seq., and Title 2, California Code of Regulations Section ]8700 et seq. 1.8.1 Prior to perforrning any services to City under this Agreement, Consultant shall provide the Development Services Department a written list of the Assessor Parcel Numbers and general location or address of any and all real property located in the City of San Bernardino in which Consultant has any ownership interest, or which is the location of any pending project that is a source of income for Consultant. Consultant shall keep this list current on a monthly basis during the entire terrn of this Agreement. 1.8.2 Consultant shall not work on any task that is related to any real property that is located within 500 feet of any parcel in which Consultant has any ownership interest or which is the location of any pending project that is a source of income for Consultant 2.0. COMPENSATION AND BILLING 2.1. Compensation, Over the tenn of this Agreement, Contractor shall be paid for such services at a rate of $70.00 per hour in accordance with Proposal Specification F-06- 06 and Offeror's Proposal and Statement, attached hereto as Attachment 2, and by this reference made a part hereof. 2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Response unless the City or its Managing Engineer for this Project, prior to Consultant perfonning the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. 2.3. Method of Billing. Consultant may submit invoices to City's Building Official for approval on a progress basis, but no more often than monthly. Said invoice shall be based on the total of all Consultant's services which have been completed to City's sole satisfaction. City shall pay Consultant's invoice within forty-five (45) days from the date City receives said invoice, Each invoice shall describe in detail, the services perforrned and the associated time for completion. 2.4. Records and Audits. Records of Consultant's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Managing Engineer for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date, 2008-380 3.0. TERM AND TERMINATION 3.1. Term. This Agreement shall commence on the date approved by the City Manager and continue through JlIDe 30, 2009, or the completion of the Stater Bros. Corporate Center Project, whichever occurs first, unless previously teTmin..tPil as provided herein or as otherwise agreed to in writing by the parties. This agreement shall supersede the prior Agreement for Services dated October 19,2005. 3.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing written notice to Consultant The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services IIDder this Agreement unless directed otherwise by the City. 3.3. Comoensation. In the event of termination, City shall pay Consultant only for the actual inspection hours accrued and performed up to and including the date of City's written notice of termination. 3.4 Documents. In the event of termination of this Agreement, a1] documents prepared by Consultant in its performance of this Agreement including, but not limited to, correction notices, inspection records and notes, inspection approvals, correspondence between the consultant and project architects, engineers, and contractors, and related documentation, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. 4.0. INSURANCE 4.1. Minimum SCODe and Limits of Insurance. Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages: (a) Comprehensive general liability, including premises-operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occummce and aggregate. (b) Automobile liability for owned vehicles, hired, and non-owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. (c) Workers' compensation insurance as required by the State of California. 2008-380 42. Endorsements. The comprehensive general liability insurance policy shall contain or be endorsed to contain the following provisions: (a) Additional insureds: "The City of San Bernardino and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice: "Said policy sha1l not terminate, nor shal] it be cancelled, nor the coverage reduced, until thirty (30) days after written notice is given to City." (c) Other insurance: "Any other insurance maintained by the City of San Bernardino shall be excess and not contributing with the insurance provided by this policy." 4.3. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. 4.4. Non-limirinp. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of ilamages to persons or property. 5.0. GENERAL PROVISIONS 5.1. Entire A2reement. This Agreement constitutes the entire Agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shal] prevail over any inconsistent provision in any other contract document appmtenant hereto, including exhibits to this Agreement. 5.2. Representatives. The Director of Development Services or her designee shal] be the representative of City for purposes of this Agreement 3nd may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement. Consultant shall designate a representative for purposes of this Agreement who sha1l be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement. 5.3. Proiect Manapers. City shall designate the Building Official to work directly with Consultant in the performance of this Agreement. Consultant shall attend and assist in all coordination meetings called by City. 2008-380 5.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile or mail and sball be addressed as set forth below. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. pos1mark if such communication is sent through regular United States mail. IF TO CONSULTANT: Mr. Albert Johnson 12785 Puesta Del Sol Redlands, CA 92373 Tel: (909) 794-7937 IF TO CITY: Valerie C. Ross Director of Development Services 300 North "D" Street San Bernardino, Ca 92418 Fax: 909-384-5080 Tel: 909-384-5357 5.5. Attornevs' Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party sball be entitled to recover from the opposing party a1] 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 contract on behalf of the City sball be considered as "attorneys' fees" for the purposes of this paragraph. 5.6. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in San Bernardino County, California. 5.7. Assi<mment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encwnber all or any part of Consultant'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 termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement. 5.8. TndP.T1lnification and Hold Harmless. Consultant shall protect, defend, indemnify and hold harmless City and its elected and appointed officials, officers, and employees from any and all claims, liabilities, expenses, including attorney fees, damage to property or injuries to or death of any person or persons or damages of any nature including, but not by way of limitation, all civil claims or workers' compensation claims, arising out of or in any way connected with the intentional or negligent acts, errors or omissions of Consultant, its employees, agents or subcontractors in the performance of this Agreement. 2008-380 5.9. Indeoendent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall secme, at his 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 Consultant and its officers, agents. and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. 5.10. Ownershio of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or pt'epa1ed by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or oI'g"ni7Jltlon without the prior consent of City. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant Consultant shall deliver to City any findings, reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City. 5.] 1. Public Records Act Disclosme. Consultant has been advised and is aware that all reports, documents, information and data including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et. seq.). Exceptions to public disclosme may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be ]iable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosme is deemed to be required by law or by order of the Court. 5.12. Resoonsibilitv for Errors. Consultant shall be responsible for its work and results under this Agreement Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction. 5.13. Prohibited Emolovrnent. Consultant will not employ any regular employee of City while this Agreement is in effect 2008-380 5.14. Order of Precedence. In the event of an inconsistency or conflict in this Agreement and any of the attached Exhibits or Attachments, the terms set forth in this Agreement shall prevail. 5.15. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 5.16. No Third Party Beneficiarv Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. 5.17. Headinl!S. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 5.18. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be cons1rued as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 5.19. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement. 5.20. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 5.21. Severability. If any provision of this Agreement is detennined by a court of competent jurisdiction to be unenforceable in any circumstance, 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. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party is materially impaired, which determination as made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision( s) through good faith negotiations. 2008-380 5.22. Counteroarts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. 5.23. Corporate Authoritv. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so, the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. CITY OF SAN BERNARDINO, A Municipal Corporation CONSULTANT ALBERT JOHNSON ~ By ~~ yt- At... ..\-'O~ ~t)-N 'f'(LLS,"'~'" Name and Title Lori Sassoon, Acting City Manager Approved as to forrn: James F. Penman, City Attorney 2008-380 Attachment 1 MEMORANDUM DATE: TO; FROM: SUBJECT: July 27, 2005 Mary Freiberg, Senior Admin. Ops. Supervisor Sheila A. Futch, Purchasing Division RFQ F-06-06 Contract Building Inspection Services 1. Issue RFQ August 1,2005 2. Advertise in Sun August 1,2005 3. Job Walk not applicable 4. Written Questions from Vendors due August 8, 2005 5. Responses from City August 10,2005 6. Bids Due August 17, 2005 at 3:00 PM 7. RFQ Evaluation To Be Determined 8. Vendor Selection To Be Determined 9. Request for Council Action Due To Be Determined 10. Council Approval To Be Determined 11. Vendor Award To Be Determined --------------------------------------------------------------------------------------------------------. I concur with the RFQ one). as written I with the attached comments (circle X Signature Date Signed 2008-380 Attachment 1 Request for Advertising & Fax Cover Sheet Sheila A. Futch, Purchasing/Finance Department City of San Bernardino 300 North "0" Street, San Bernardino, CA 92418 (909) 384-5085, Fax (909) 384-5043 CNSB Account Number: 350-3612409 Fax To: 1-800-474-9444 Date: August 1, 2005 Government Advertising Mae Ingles 1-800-788-7840 ext.5932 e-mail: maeinalesl!ildailviournal.com Key words: Contract Buildina Inspection Services Location of Ad: [X] Public Notice - In Column Classified [ ] Public Notice - Display Classified [ ] Main News (ROP) - Display Publish one time(s), no later Auaust 1. 2005 Send one proof of publication. Newspaper Name Publication Date CNSB Order # (internal use only) [Xl San Bernardino Sun (89900) 08/1/05 [ 1 [ ] [ ] [ 1 [ ] [ 1 Special Instructions: Needs ECD number on invoices to match notices Rev. 07/03 2008-380 Attachment 1 - (Newspaper Advertisement) August 1 , 2005 SUBJECT: NOTICE INVITING BIDS (RFQ) F-06-o6 The City of San Bernardino (City) invites bids from qualified vendors for Contract Building Inspection Services Parties interested in obtaining a copy of this RFQ F-06-06 may do so by accessing the City of San Bernardino Web Page at www,sbcitv.ora or by faxing their request to (909) 384-5043, attention Sheila A. Futch. Please include the following information in your request: name and address of firm; name, telephone and facsimile number of contact person; specify RFQ F-06-06. Copies of the RFQ may also be obtained by calling Sheila A. Futch at (909) 384-5085, or in person at City Hall, 300 N. "0" St., 4th floor, San Bernardino, CA 92418. Closing Date: Bids must be submitted at or before 3:00 p.m., PDT, Wednesday, August 17, 2005, at the address listed above. Issuance of this RFQ and/or receipt of bids does not commit City to award a contract. Sincerely, Sheila A. Futch Purchasing Division 2008-380 Attachment 1 San Bernar I'no 8M August 1, 2005 SUBJECT: REQUEST FOR QUOTES RFQ F-06-06 Gentlemen/Ladies; The City of San Bernardino (City) invites bids from qualified vendors for: Contract Building Inspection Services on behalf of the City's Development Services Department. Please read this entire RFQ package, paying particular attention to due dates, the Instructions to Bidders, Technical Specifications, General Specifications and Price Forms. Bids must include all requested information and forms, and must be signed by an authorized agent of the offering company in order to be considered responsive. Sincerely, Sheila A. Futch Purchasing Division 2008-380 Attachment 1 SECTION I. INSTRUCTIONS TO BIDDERS 2008-380 Attachment 1 I. INSTRUCTIONS TO BIDDERS A. Job Walk Not Applicable. B. 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. C. Addenda Any City changes to the requirements will be made by written addendum to this RFQ. Any written addenda issued pertaining to this RFQ shall be incorporated into the terms and conditions of any resulting Purchase Order. The City will not be bound to any modifications to or deviations from the requirements set forth in this RFQ as the result of oral instruction. D. Clarifications 1. Examination of Documents Should a Bidder require clarifications of this RFQ, the Bidder shall notify the City in writing in accordance with Section D.2 below. Should it be found that the point in question is not clearly and fully set forth, the City will issue a written addendum clarifying the matter which will be sent to all persons who have requested the RFQ. 2. Submittina Reauests a. With the exception of oral questions asked at any Job Walk, all questions, clarifications or comments shall be put in writing and must be received by the City no later than August 8, 2005, and be addressed as follows; City of San Bernardino 300 North "D" Street 4th floor, Attn; Sheila A. Futch San Bernardino, CA 92418 2008-380 Attachment 1 b. The exterior envelope of all requests for clarifications, questions and comments must be clearly labeled, "Not an Offer." The City is not responsible for failure to respond to a request that has not been labeled as such. The City will also accept questions sent by facsimile machines; however, all faxed questions must be received by the City no later than August 8, 2005. Send facsimile transmissions to (909) 384- 5043, attention Sheila A. Futch. c. Inquiries received after August 8, 2005 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 postmarked no later than August 10, 2005. E. Submission of Bids 1. Date and Time All bids are to be submitted to City of San Bernardino, Attention: Sheila A. Futch. Bids received after 3:00 p.m., Wednesday, August 17, 2005, 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 San Bernardino, CA 92418. Bids may be delivered in person to the Purchasing Department, 4th floor of the above address. 3. Identification of Bids Bidder shall submit a bid package consisting of; a) a signed original and one (1) copy of its bid, and b) a completed and signed Price Form. The bid package shall be addressed as shown above, bearing the Bidder's name and address and clearly marked as follows: 2008-380 Attachment 1 "RFQ F"()6"()6: Contract Building Inspection Services" 4. Acceptance of Bids a. The City reserves the right to accept or reject any and all bids, or any item or part thereof, or to waive any informalities or irregularities in bids. b. The City reserves the right to withdraw this RFQ at any time without prior notice and the City makes no representations that any contract will be awarded to any Bidder responding to this RFQ. c. The City reserves the right to postpone bid opening for its own convenience. F. Pre-Contractual Expenses Pre-contractual expenses are defined as expenses incurred by the Bidder 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. G. Contract Award Issuance of this RFQ and receipt of bids does not commit the City to award a Purchase Order. The City reserves the right to postpone bid opening for its own convenience, to accept or reject any or all bids received in response to this RFQ, and to negotiate with other than the selected Bidder(s) should negotiations with the selected Bidder(s) be terminated. The City also reserves the riqht to apportion the award amonq two or more Bidders. H. 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 2008-380 Attachment 1 contained therein, with no exceptions other than those specifically listed in the written purchase order. 2008-380 Attachment 1 SECTION II. TECHNICAL SPECIFICATIONS 2008-380 Attachment 1 City of San Bernardino TECHNICAL SPECIFICATIONS BID SPECIFICATION NO. RFP F-06-06 Contract Building Inspection Services 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 fort in left-hand column. Equipment: Bidder shall complete right-hand column indicating specific size and or make and mode] of all components when not exactly as specified. State "As Specified" if item is exactly as set forth in the left-hand column. FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID CATEGORY 1 ACCEPTABLE/AS SPECIFIED Provide building inspections on construction projects to determine if they comply with approved plans and app]icable codes and laws. I. SCOPE Project, in general will consist of the inspection of various phases of construction on projects within the City that have been issued a building permit. The inspector will verifY that assigned projects comply with the California Code of Regulations Title 24, California Building Standards Codes as well as any adopted ordinances of the City of San Bernardino. The City shall provide the contract inspector with copies of said documents as well as any official code interpretations or amendments issued by the Building Official. The contract inspector will be assigned to a voluntary supplemental inspection program, the funding of which is dependent upon voluntary participation by builders. 2008-380 Attachment 1 2. REOUIREMENTS Contract inspector shall be certified through the International Code Council as a Building Inspector or a Combination Dwelling Inspector. The inspector shall be able to read and interpret plans and specifications and make reasonable determinations for compliance with all applicable codes and laws. The inspector must have a valid California Driver's License and no felony convictions. The contract inspector must have a minimum of two (2) years experience as a building inspector or a plans examiner or a combination of both. The inspector must possess the ability to write ]egibly and communicate in the Enldish lan\!Ual!"e. 3. DUTIES Projects shall be assigned to the contract inspector by the Building Official or his representative. The inspector shall issue correction notices and report all discrepancies to the approved plans and code requirements to the Bui]ding Official or his representative. The inspector shall keep an accurate record of inspection results on forrns provided by the Department and maintain files of all properties inspected. All files and records shall be maintained at the office of the Building Official and shall remain the property ofthe City. The inspector shall provide the Bui]ding Official with a daily log of work performed and a weekly statement of hours worked in arrears and shall be provided payment within thirty (30) days therefrom. The City retains the right to challenl1;e all or anv nart of the statement. 4. COMPENSATION Proposals shall include the Inspector's or Firm's expected compensation expressed as an hourly wage. The hourly rate shall be the total charges billable to the City. The City is not responsible for any additional charges, including but not limited to overtime, transportation, equipment, etc, The Inspector shall invoice the City for services rendered on a weekly basis. The duration or amount of work assigned is indeterminate, and is dependent on the demand for supplemental inspections from the development community within the City of San Bernardino. Inspe.ctions shall cease when the demand falls below a level adequate to support the continuance of the program, as determined bv the Building Official. As 2008-380 Attachment 1 such, a definite duration or volume of work is neither expressed or implied. 5. PROPOSAL REOUIREMENTS Prospective consultants shall be qualified based upon experience, education, training, and professional registration and certification. Proposals shall indicate the following in a detailed manner: A. Past inspection experience. B. Education, training, experience, professional certifications. C, Expected compensation based on Item No.4 above for the inspection services described herein shall be submitted in a separate sealed envelope. Please note that the City will not pay or compensate for travel time, courier services, mileage or reimbursement for travel to the City of San Bernardino to attend meetings or conduct the activities necessary to complete tasks required to be performed as part of inspection servIces. D. Contractor shall be required to maintain in effect policies of comprehensive public, general, and automobile ]iability insurance, in the amount of $],000,000 combined single limit, which shall name the City as an additional insured. E. Items, actions or information the Inspector expects to be provided by the City. F. Any comments or suggestions that the Inspector believes necessary to irnprove the process or to comply with the requirements of this RFP. G. Six (6) copies of the proposal shall be submitted to the Purchasing Department, Sheila Futch, 300 North "D" Street, San Bernardino, CA 924]8 no later than August] 7,2005 at 3:00 p.m. Proposals shall be clearly marked on the outside of the envelope: "Contract Building Inspection Services." 6. SELECTION PROCESS ] . The first phase of the selection process shall consist of an evaluation by staff of proposal based on the above items identified in Section 5. 2. T.he second phase of the selection process will consist of staff evaluation based on an oral interview with the insoector, The interview will 2008-380 Attachment 1 consist of detailed questions, including, but not limited to, specifics about the California Code requirements, as well as hypothetical situations that may be encountered during the course of the inspection process. 3, The third and final phase of the selection process will consist of staff submitting a final package to the Mayor and Common Council with a recommendation to award an Agreement for Professional Services to the inspector( s). The Mayor and Common Council reserve the right to award agreements to any or all of the top inspectors or to reject any and all of the proposals. The City may exercise two one-year renewal options for the contract 4. If the Mayor and Common council award an Agreement for Professional Services, the selected inspectors will be requested to execute the Agreement within 60 days of approval. Fai]ure of the consultants to execute an agreement within 60 davs will void the approval. 2008-380 Attachment 1 SECTION III. BID CONTENT AND FORMS 2008-380 Attachment 1 RFQ F-06-06 III. BID CONTENT AND FORMS A. BID FORMAT AND CONTENT 1. Presentation Bids should not include any unnecessarily elaborate or promotional material. Information should be presented in the order in which it is requested. Lengthy narrative is discouraged, and presentations should be brief and concise. Bids shall contain the following: a. identification of Bidder, including name, address and telephone; b. proposed working relationship between Bidder and subcontractors, if applicable; c. acknowledgment of receipt of all RFQ addenda, if any; d. name, title, address and telephone number of contact person during period of bid evaluation; e. a statement to the effect that the bid shall remain valid for a period of not less than 90 days from the date of submittal; and f. signature of a person authorized to bind Bidder to the terms of the bid. Bidder may also propose enhancement or procedural or technical innovations to the Technical Specifications which do not materially deviate from the objectives or required content of the project. 2. Exceptions/Deviations State any exceptions to or deviations from the requirements of this RFQ, stating "technical" exceptions on the Technical Specifications form, and "contractual" exceptions on a separate sheet of paper. Where Bidder wishes to propose alternative approaches to meeting the City's technical or contractual requirements, these should be thoroughly explained. 2008-380 Attachment 1 RFQ F -06-06 3. Aooendices 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 lackina cooies and/or oroof of said licenses and/or certifications mav be deemed non-resoonsive and mav be rejected. C. COST AND PRICE FORMS Bidder shall complete the Price Form in its entirety including: 1) all items listed and total price; 2) all additional costs associated with performance of specifications; and 3) Bidder's identification information including a binding signature. Bidder shall state cash discounts offered. Unless discount payment terms are offered, payment terms shall be "Net 30 Days". Payment due dates, including discount period, will be computed from date of City acceptance of the required services or of a correct and complete invoice, whichever is later, to the date City's check is mailed. Any discounts taken will be taken on full amount of invoice, unless other charges are itemized and discount thereon is disallowed. Freight terms shall be F.O.B. Destination, Full Freight Allowed, unless otherwise specified on price form. 2008-380 Attachment 1 RFQ F-06-06 SECTION IV EVALUATION AND AWARD 2008-380 Attachment 1 RFQ F -06-06 SECTION IV. EVALUATION AND AWARD A. EVALUATION CRITERIA 1. Capabilities of Firm to Effectively Complete the Project Requirements - 35% Depth of Offeror's understanding of, and ability to manage, City's requirements; ability to meet task deadlines; utility of suggested enhancements or technical innovations. 2. Qualifications of Firm/Related Experience - 45% Experience in providing services similar to those requested herein; experience working with public agencies; strength and stability of the firm; strength, stability, experience and technical competence of subcontractors; assessment by client references; qualifications of project staff; key personnel's level of involvement in performing related work; logic of project organization; adequacy of labor commitment. 3. Reasonableness of Cost and Price -10% Reasonableness of the individual firm-fixed prices and competitiveness of quoted prices with other proposals received; adequacy of the data in support of figures quoted; basis on which prices are quoted. 4. Completeness of Response - 5% Completeness of response in accordance with RFQ instructions; exceptions to or deviations from the RFQ requirements which the Offeror cannot or will not accommodate; other relevant factors not considered elsewhere. 5. Local Vendor Preference - 5% As approved in Executive Order 2003-01--0fferor's which posses a fixed office or distribution point with at least one owner or employee located within the City of San Bernardino, and possessing all valid and current permits, and licenses required to transact such business, including, but not limited to a City Business Registration Certificate shall receive a five percent (5%) preference. [Unless contrary to Federal, State or Local Law (such as contracts for the construction of public works projects), or unless contrary to the requirements mandated by the funding source for such contractual services (such as 2008-380 Attachment 1 RFQ F-06-06 the Federal Government or other source which requires award to the lowest responsible bidder). B. EVALUATION PROCEDURE All proposals received as specified will be evaluated by City staff in accordance with the above criteria. Additional sub-criteria beyond those listed may be considered by the evaluators in applying the major criteria to the proposals. During the evaluation period, the City may require an on- site visit and/or tour of the Offeror's place of business. Offerors should be aware, however, that award may be made without vendor visits, interviews, or further discussions. C. AWARD Depending on the dollar amounts of the offers received, City staff will either select the vendor best meeting the above-specified criteria or submit to City Council, for consideration and selection, the offer(s) judged by staff to be the most competitive. The City reserves the right to withdraw this RFQ at any time without prior notice and, furthermore, makes no representations that any contract(s) will be awarded to any Offerors responding to this RFQ. The City expressly reserves the right to postpone proposal opening for its own convenience, to waive any informality or irregularity in the proposals received, and to reject any and all proposals responding to this RFQ without indicating any reasons for such rejection. The City also reserves the riaht to award its total reauirement amona two or more Offerors as City staff may deem to be in its best interests. In addition, negotiations mayor may not be conducted with Offerors; therefore, the proposal submitted should contain the Offerors most favorable terms and conditions, since the selection and award may be made without discussion with any Offeror. D. TIE BIDS If the final evaluation scores (after applying the local preference allowance) result in a tie score, then the recommendation for award will be given to the local vendor. 2008-380 Attachment 1 RFQ F-06-06 E. NOTIFICATION OF AWARD Offerors who submit a proposal in response to this RFQ shall be notified regarding the firm(s) who was awarded the agreement. Such notification shall be made within a reasonable time after the date the agreement is awarded. 2008-380 Attachment 1 RFQ F-06-06 PRICE FORM REQUEST FOR QUOTES: RFQ F-06-06 DESCRIPTION OF RFQ: Contract Building Inspection Services BIDDER'S NAME/ADDRESS; NAMEITELEPHONE NO. OF AUTHORIZED REPRESENTATIVE ANNUAL PURCHASE ORDER Effective on or about July 1, 2005 through August 30, 2006 plus two single-year options, for City's partial requirements, on an as-needed basis, with no guaranteed usage for Contract Building Inspection Services. Option year one, if exercised, shall be effective July 1, 2006 through August 30, 2007. Option year two, if exercised, shall be effective July 1, 2007 through August 30, 2008. 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. 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. Description of Service Hourly Rate Contract Building Inspection Servies I 2008-380 Attachment 1 RFQ F-06-06 Are there any other additional or incidental costs that will be required by your firm in order to meet the requirements of the Technical Specifications? Yes / No (circle one). If you answered "Yes", please provide detail of said additional costs: Please indicate any elements of the Technical Specifications that cannot be met by your firm. Have you included in your bid all informational items and forms as requested? Yes / No . (circle one). If you answered "No", please explain: This offer shall remain firm for 90 days from RFQ close date. Terms and conditions as set forth in this RFQ apply to this bid. Cash discount allowable are: Net thirty (30) days. % days; unless otherwise stated, payment terms In signing this bid, Bidder warrants that all certifications and documents requested herein are attached and properly completed and signed. From time to time, the City may issue one or more addenda to this RFQ. Below, please indicate all Addenda to this RFQ received by your firm, and the date said Addenda was/were received. Verification of Addenda Received Received on: Received on: Received on; Addenda No; Addenda No: Addenda No: AUTHORIZED SIGNATURE: 2008-380 Attachment 1 RFQ F-06-06 PRINT SIGNER'S NAME AND TITLE: DATE SIGNED: COMPANY NAME & ADDRESS: PHONE: FAX: IF SUBMITTING A "NO BID", PLEASE STATE REASON (S) BELOW: 2008-380 Attachment 1 RFQ F-06-06 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-06-06. Business Name Business Address Signature of bidder X Place of Residence Subscribed and sworn before me this day of ,20 . Notary Public in and for the County of , State of California. My commission expires ,20_. 2008-380 Attachment 1 RFQ F-06-06 SECTION V. GENERAL SPECIFICATIONS 2008-380 Attachment 1 RFQ F -06-06 GENERAL SPECIFICATIONS 1. Each bid shall be in accordance with Request for Quotes (RFQ) Number F-Oa-Qa, All specifications are minimum. Bidders are expected to meet or exceed these specifications as written. Bidder shall attach to their bid a complete detailed itemization and explanation for each and every deviation or variation from the RFQ specifications and requirements, Conditional bids, or those that take exception to the RFQ specifications and requirements, may be considered non-responsive and may be rejected. 2. The City reserves the right to accept or reject any and all bids and to award a contract to the bidder whom best meets the City's requirements, This may include waiver of minor irregularities or discrepancies, or nonconformity to specifications in appropriate circumstances. Purchase shall be on a best buy basis after due consideration of all relevant factors, including but not limited to, workmanship, accessibility of parts and service, known evidence of manufacturer's responsibility and record, durability and known operational record of product and suitability as well as conformity to City needs and requirements, In all cases the best interest of the City shall prevail in all contract awards. 3. The City of San Bernardino reserves the right to purchase more or less than the quantities specified at unit prices bid. 4. Bids shall be firm offers, subject to acceptance or rejection within 90 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 City of San Bernardino, or any of its officials or agents for the use of any patented process, device or article forming a part of equipment or any item furnished under the contract. 9. Each bidder must state in their bid the guaranteed delivery date of product and/or services in number of calendar days from the date of contract execution by the City of San Bernardino, time is of the essence relative to this contract. Contractor shall prosecute the work continuously and diligently and shall deliver the items at the earliest possible date following the award of the contract. 10. Each bidder shall list in their bid all factory, manufacturer's and/or dealer's warranty and/or guarantee 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 theslil specifications. 12. Price shall be quoted F,Q,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% (this will normally be shown as a separate line item on the price form). 13. City shall make payment within thirty (30) days after the complete delivery and acceptance of the specified items by the City of San Bernardino and receipt of the Contractor's priced invoice. 14. All "standard equipment" is included in any bid. Bidders furnishing bids under these specifications shall supply all items advertised as "standard" equipment even if such items are not stipulated in the specifications, unless otherwise clearly excepted in the bid. 15. The items which the bidder proposes to furnish the City must comply in all respects with the appropriate safety regulations of all regulatory commissions of the Federal Government and the State of California, whether such safety features and/or items have been specifically outlined in these specifications or not. 16. Contractor delivering equipment pursuant to this RFQ specifications shall guarantee that equipment meets specifications as set forth herein. If it is found that equipment delivered does not meet requirements of these specifications the Contractor shall be required to correct the same at their own expense. 2008-380 Attachment 1 RFQ F -06-06 17. By submitting a bid, each bidder agrees that in the event complete delivery is not made within the time or times set forth pursuant to this specification, damage will be sustained by the City, and that it is, and will be impractical and extremely difficult to, ascertain the actual damage which the City will sustain in the event of and by reason of such delay, 18. In case the delivery of the items under this contract is delayed due to strikes, injunctions, government controls, or by reason of any cause or circumstance beyond the control of the Contractor, the time for delivery may be extended (in the City's sole discretion) by a number of days to be determined in each instance by mutual written agreement between the Contractor and the Purchasing Division of the City of San Bernardino. The City shall not unreasonably refuse such extension. 19. Contract. Each bid shall be submitted and received with the understanding that acceptance by the City of San Bernardino of bid in response to this solicitation shall constitute a contract between the Contractor and the City. This shall bind the Contractor to furnish and deliver at the prices bid and in complete accordance with all provisions of RFQ No. F-06-06. 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 otherwise, in this transaction, or in the business of the contracting party other than the City, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made in writing to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4(commencing with Section 1090) or Article 4.6 (commencing with Section 1120) of Division 4 of Title I of the Government Code of the State of California. 21. One Document. These specifications, the notice inviting bids, RFQ F-06-06, 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 properly shall be performed by the contractor, whether specifically set out in the contract or not. All sections of the specifications shall be read as constituting a whole and not as an aggregation of individual parts, and whatever is specified in one section shall be construed as applying to all sections. 22. The City of San Bernardino reserves the right to accept or reject any and all bids, 23. Prompt payment. Each bidder 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 Sheila A. Futch at 909-384-5085. Technical questions may be sent via fax to 909-384-5043. The answers to material questions will be provided to all potential bidders. 25. Bid/Price forms. No bid will be acceptable unless prices are submitted on the pricing forms furnished herein, and all required forms are completed and included with bid. Deliver all bids, signed and sealed, to the Purchasing Division, Finance Department at 300 North "D" Street, 4th Floor, City Hall, San Bernardino, California 92418. CLEARLY MARK THE RFQ SPECIFICATION TITLE "Contract Building Inspection Services" AND NUMBER F-06-06 ON THE OUTSIDE OF THE ENVELOPE. 26. Time. All bids must be received in the Purchasing Division no later than 3:00 PM, Wednesday, August 17, 2005, where at such time and said place bids will be publicly opened, examined and declared. Any bid may be withdrawn by bidder prior to the above scheduled time for the opening of bids. Any bid received after that time and date specified shall NOT be considered. 27. The City of San Bernardino reserves the right at its own discretion to award separate contracts for each category, or to award multiple contracts, or to award one contract for furnishing and delivering of all equipment and/or services in all categories. 28. Equipment. In the purchase of equipment, Contractor shall be required to furnish one (1) OPERATORS MANUAL and one (1) PARTS MANUAL for all equipment bid. 29. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (U,S.C. Sec 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700 of Part 2 of Division 7 of the Business and Professions Code), 2008-380 Attachment 1 RFQ F -06-06 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, its officers, employees and agents harmless from any claim, demand, liability, suit, judgment or expense (including, without limitation, reasonable costs of defense) arising out of or related to Contractor's performance of this agreement, except that such duty to indemnify, defend and hold harmless shall not apply where injury to person or property is caused by City's willful misconduct or sole negligence, The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the City shall be considered as "attorney's fees" for the purposes of this paragraph. 31. While not restricting or limiting the foregoing, during the term of this Agreement, Contractor shall maintain in effect policies of comprehensive public, general, and automobile liability insurance, in the amount of $1,000,000 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the City's Risk Division prior to undertaking any work under this Agreement. The policies shall name the City as an additional insured and shall provide for ten (10) day notification to the City if said policies are terminated or materially altered. 32. FAI:rWFUb. PiRFQRt1 ^ ~J~i ig~JQ. ~Ia' Flllwir8g TRg ~8AtF88t8r v:i11 88 F8(twiros 18 ~rRi&R 8 88&Ri8r'g &R891t, 8sFtifigs GReolL Sf f&itfolf.wl f)8r48F~8R89 8eRS FJilS&g fiBJ8lils 18 tl:l8 ("if} sf &:SR QsrRQrtliR8 iR SA 8R=l8WRt 8'twal t8 199~~ sf tR8 sig priGs 19 iR&1drS tAB 88RtFiuiter'g fQitR~1 pSRSrFR8R99 8f tRiG G9RtraGt. iBis &laIF8V'; GRail 89 &w9jS&t 18 iRe apprs"al 9f tR8 (,i~' 9f i:SR ierRsrsiR8, BaRSS GRail ~8 iF! 88&8nlaR&9 'i.-itR QroiR8R88 ~J8 i11, ~88ti8R ~1gg, BRS tR8 89FpsFati8R i&&wiRg Gsis BeRs shall have a rating in Best's most recent insurance guide of "A" or better. 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 2 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 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 relected. 2008-380 Attachment 2 .' August 13, 2005 TO: City of San Bernardino 300 N. "0" Street, 4th floor San Bernardino, Ca 92418 RE: Contract Building Inspection Services F-06-06 Bidder name: Albert A. Johnson Address: P.O. Box 2073 Redlands, Ca 92373 Telephone: Hm (909) 794-7937 Cell (909) 725- 3061 I, Albert A. Johnson, acknowledge receipt of all RFQ addenda. . Contact person during period of bid evaluation: Albert A. Johnson P.O. Box 2073 Redlands, Ca 92373 Hm (909) 794-7937 Cell (909) 725-3061 This bid shall remain valid for a period of not less than 90 days from the date of submittal. \. 2008-380 Attachment 2 it) MEMORANDUM DATE; TO: FROM: SUBJECT: July 27, 2005 Mary Freiberg, Senior Admin. Ops. Supervisor Sheila A. Futch, Purchasing Division RFQ F-06-06 Contract Building Inspection Services 1. Issue RFQ August 1, 2005 2. Advertise In Sun August 1, 2005 3. Job Walk not applicable 4. Written Questions from Vendors due August 8, 2005 - 5. Responses from City August 10,2005 6. Bids Due August 17, 2005 at 3:00 PM 7. RFQ Evaluation To Be Determined 8. Vendor Selection To Be Determined 9. Request for Council Action Due To Be Determined 10. Council Approval To Be Determined 11. Vendor Award To Be Determined ------ ------ I concur with the RFQ ~ I one). X fLU..tJ 4. ~ q_ Signature wilh IJte attached comments (circle if''l/D )" Date Signed ('J -. - t . .:~. : -' '~;! 2008-380 Attachment 2 RFQ F -06-06 PRINT SIGNER'S NAME AND TITLE: A Ibut- PI . J ok-tiS-I') ftttNc..l PA '- DATE SIGNED; COMPANY NAME & ADDRESS: B 1/4/tJ) f .. Alhc".iA. ,J.A"s"", r.o.801< l..o73 tc.d ~~) I C... li Z- '373 FAX: IV 0 t-J E. PHONE: t; 6li - ns- ~D" I IF SUBMITTING A "NO BID", PLEASE STATE REASON (S) BELOW: I .1 ..1 I. 2008-380 Attachment 2 RFQ F-06-06 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-OS-oS. Business Name~_L.J.l1Lt\ ~ D >"l Business Address p. o.thll. 1..0 7 ~ t.c J.l~~4 4\ 2.1 7J Signature of bidder x-jUJ.,...J p~___ f-<.-d I P-7'\ j, . (<- Place of Residence Subscribed and swom before me this -.12... Notary Public in and for the County of ~/J My commission expires /?? t'I r?h / day of Lktl tJfl- , 20~ ,/ &::/ /?t? ~ ~ State of California. . 20.12J:z. Ji)~ SHANNON R. GARCIA ( ~/ - , Comm, , 1344936 l/J NOTAR' PU'UC-CAU""" Ul 7/1 h /? P7 San BtlllardlRoCDunfr _ I'I/V?'/ My Comlll. hllirnMITchl,2001 / ~/Z/ 7 2008-380 Attachment 2 PO Box 2073 Redllndl, CA 92373 Phone (909) 794-7937 . AlbertA Johnson Work experience 2004- 2005 RKA Civil Engineers Walnut, Ca. Plan Check Engineer Under general supervision, check and review plans for compliance with established codes, ordinances, and other applicable regulations for several jurisdictions in Southern California. Provide counter assistance, provide customer service to the public. 2004 City of Fontana Fontana, Ca. Plan Check Engineer II Under general supervision, checks and review plans for compliance with established codes, ordinances and other applicable regulation, provide information and assistance at the public counter. 2003 - 2004 Willdan San Bernardino, CA. Senior Plans Examiner . Under general supervision, checks and reviews projects for compliance with established codes, ordinances and other applicable regulations for numerous City and County jurisdictions in Northern and Southern California. Answer questions I issues with Architects and Engineers . 1999 - 2003 City of San Bernardino San Bernardino, CA Plans examiner . Under general supervision, checks and reviews plans for tracks, multi-unit residential, commerciallindustrial building projects for compliance with established codes, ordinances and other applicable regulations; provides information and assistance at the public counter and performs related duties as required. Issue building permits 1995 - 1999 City of San Bernardino San Bernardino, CA General Bulking Inspector . Under general supervision, inspect buildings new and existing for ! compliance with municipal and building codes. Issue building permits ./ and check building plans for compliance. 1991 - 1993 J. R. Filanc Co. Perris, CA Carpenter Foreman . Supervision of three crews of carpenters and one crew of laborers during construction of fifty-eight million dollar public works project for a large municipal water district. J~ ::g ( f, ~r \ .~, ~~. \ fir / / I ! / ! , / i / , 2008-380 Attachment 2 . 1990 - 1991 AI Johnson Construction Riverside, CA Superintendent . Supervision of up to sixty people during the design and construction of an education building for Gethsemane Lutheran Church. Directed project from design through permit process to completion. 1987 - 1990 Peter Kiewit and Sons Moreno Valley, CA Carpenter Foreman . Supervision of three crews of carpenters and one crew of laborers during construction of fifty-five million dollar public wor1<s project for a large municipal water district. . Supervision of carpenters and laborers during construction of the San Diego canal project. Raised level of the canal twelve feet for eighteen miles on a thirty-three million dollar project. 1985 - 1987 Oil Field Construction Blythe, CA Carpenter . Carpenter dlling construction of water treatment facilities for the Chuckawalla Valley Prison. . II - - ~e 2008-380 Attachment 2 RFQ F -06-06 PRICE FORM REQUEST FOR QUOTES: RFQ F-06-06 DESCRIPTION OF RFQ: Contract Building Inspection Services BIDDER'S NAME/ADDRESS; ----AJ.j;, LV'~ A. J 0 ~ n. ~ 0 ~ f 1). f3 0)(. U I :5 eC.c!L#-1\A' I C'- q L'3 7) NAMElTELEPHONE NO. OF AUTHORIZED REPRESENTATIVE A l b C/'I'.f, A. J c> h"l ;s u,\ Hol\1\E. i{6'i - "1 '\'1. - Vi ~ I cG.U tjd"'i - 72..<)~ 30," / ANNUAL PURCHASE ORDER Effective on or about July 1, 2005 through August 30, 2006 plus two single-year options, for City's partial requirements, on an as-needed basis, with no guaranteed usage for Contract Building Inspection Services. Option year one, if exercised, shall be effective July 1,2006 through August 30, 2007. Option year two, if exercised, shall be effective July 1, 2007 through August 30, 2008. 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. 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. Description of Service Hourly Rate Contract Building Inspection Servies 1 '0. 00 2008-380 Attachment 2 2008-380 Attachment 2 . - 2008-380 Attachment 2 , ~ 2008-380 Attachment 2 c . ~ 2008-380 Attachment 2 .~!f1""~"".' '-, .... .~ 01 johnson consulting services ~~y @J.c'U~L~L~1.00~:~ 10) ..\ dJ'J. , ,i \ \J~ SAN BERNARDINO U~ v~LOPMENT SERVICES DEPARTMENT July 09, 2007 AI Johnson P.O. Box 2073 Redlands, Ca. 92373 Joseph Lease, Building Official City of San Bernardino 300 North "0" St. San Bernardino, Ca. 92418 Re: Extension of Agreement for Contract Inspection Services Dear Mr. Lease, We appreciate the opportunity to extend the Contract Building Inspection Services for the City of San Bernardino, Resolution number 2005-341 and Amendment Resolution number 2006-400 (Stater Bros.) We would like to continue to provide these services with the following amendment. Increase the rate to $70.00 per hour. We have tried very hard to keep our rates low and competitive, however increases in gas prices. insurance premiums ( Errors' Omissions, Workers Compensation and General Liability), and the addition of employees have added to the cost of doing Business, This is our first rate increase in two years. Your consideration in this matter would be greatly appreciated. . Thank you, eu~ AI Johnson AI Johnson Consulting Services I*?; Dr- YOUR BUSINESS IS GREA TL Y APPRECIA TED 1__/rIJ7