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HomeMy WebLinkAbout2009-066 , ~ , . 1 RESOLUTION NO. 2009-66 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A VENDOR SERVICES AGREEMENT AND AN INCREASE TO A PURCHASE ORDER TO BRETT CARLSON CONSTRUCTION WITH UP TO THREE (3) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION FOR BOARD-UP SERVICES IN THE CITY. 3 4 5 6 7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 8 SECTION I. That Brett Carlson Construction is the source most qualified to perform the 9 required board-up services in various locations throughout the City. 10 SECTION 2. That the City Manager is hereby authorized to execute on behalf ofthe City of 11 San Bernardino, an agreement between said City and Brett Carlson Construction, a copy of which is 12 13 attached hereto, marked Exhibit "A" and incorporated herein by reference. 14 SECTION 3. The Purchasing Manager is hereby authorized and directed, on behalf of the 15 City, to increase the existing purchase order to Brett Carlson Construction for board-up services in 16 the amount of $89,138, for a total purchase order amount of$l13, 138. The annual Purchase Order 17 for this vendor shall reference this Resolution No. 2009- 66 . The agreement will be effective 18 through June 30, 2009 and may be extended for three (3) additional one (1) year terms to coincide 19 with the City's fiscal year at the City's sole discretion. All other bids are hereby rejected at this 20 time. 21 22 23 24 25 SECTION 4. The authorization to execute the above-referenced purchase order is rescinded if the parties fail to execute the agreement within sixty (60) days of the passage of this resolution. 26 27 28 ~ 2009-66 1 2 3 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A VENDOR SERVICES AGREEMENT AND AN INCREASE TO A PURCHASE ORDER TO BRETT CARLSON CONSTRUCTION WITH UP TO THREE (3) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION FOR BOARD-UP SERVICES IN THE CITY. 4 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a joint rpg)1br meeting thereof, held on , 2009, by the following vote, to wit: NAYS ABSTAIN ABSENT 18 Q~h.~ Rach~G. Clark, City Clerk 19 The foregoing resolution is hereby approved this 7171 day of April ,2009. 20 21 ~.Mo~r . of San Bernardino 22 23 Approved as to Form: 24 25 26 27 28 ,~ . 2009-66 . , VENDOR SERVICES AGREEMENT This Vendor Services Agreement (the "Agreement") is entered into the l't day of March, 2009, (the "Effective Date") by and between Brett Carlson Construction ("Vendor") and the City of San Bernardino ("City"). WITNESSETH: WHEREAS, the Mayor and Common Council has determined that it is advantageous and in the best interest of the City to contract for board-up and abatement services throughout the City; and, WHEREAS, the City of San Bernardino did solicit and accept bids from available vendors for such services; and, WHEREAS, Vendor was the lowest and best bidder for the provision of such services; and, WHEREAS, Vendor has performed similar board-up services for City under a purchase order since September, 2008 and has been paid the total sum of $58,138 for these services through February 28, 2009. NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. a. For the remuneration attached hereto as Attachment "I" and incorporated herein by this reference, City hereby engages the services of Vendor to provide those services as set forth in RFQ F-09-05, attached hereto as Attachment "2" and incorporated herein by this reference. b. Vendor shall be responsible for the boarding up of unsecured buildings throughout the City. Vendor shall respond to any requests for these services as required by the Code Enforcement Department and its officers in a timely and professional manner, and shall hire and maintain any additional staff deemed necessary to fulfill any and all requests by the Code Enforcement Department attached hereto as Attachment "3" and incorporated herein by this reference. 2. COMPENSATION AND EXPENSES. a. The total amount for services rendered under this Agreement shall not exceed $55,000, and the total amount of the purchase order shall not exceed $113,138. EXHIBIT "A" ., 2009-66 Vendor Services Agreement by and between Brett Carlson Construction ("Vendor") and the City of San Bernardino ("City"). b. No other expenditures made by Vendor outside the scope of services and terms of this Agreement shall be reimbursed by City. 3. TERM AND TERMINATION This Agreement shall commence on the Effective Date and continue through June 30, 2009 unless previously terminated as provided herein. This Agreement may be extended for three (3) additional one (I) year terms to coincide with the City's fiscal year at the City's sole discretion. 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, for any reason, with or without cause, at any time, by providing written notice to Vendor. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Vendor shall immediately stop rendering services under this Agreement unless directed otherwise by the City. 4. INDEMNITY. Vendor agrees to and shall indemnify and hold the City, its elected officials, employees, agents or representatives, free and harmless from all claims, actions, damages and liabilities of any kind and nature arising from bodily injury, including death, or property damage, based or asserted upon any actual or alleged act or omission of Vendor, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the City, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its own expense, including attorney's fees, the City, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. Vendor hereby waives any and all rights to any types of express or implied indemnity against the City, its elected officials, employees, agents or representatives, with respect to third party claims against the Vendor relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 5. INSURANCE. While not restricting or limiting the foregoing, during the term of this Agreement, Vendor shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the City's Risk Manager prior to undertaking any work under this Agreement. City shall be set forth as an additional named insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished to the City shall require the insurer to notify City of any change or termination in the policy. 2 2009-66 Vendor Services Agreement by and between Brett Carlson Construction ("Vendor") and the City of San Bernardino ("City"). 6. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, Vendor shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or sexual orientation, or any other status protected by law. 7. INDEPENDENT CONTRACTOR. Vendor shall perform work tasks provided by this Agreement, but for all intents and purposes Vendor shall be an independent contractor and not an agent or employee of the City. Vendor shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Vendor and its officers, agents, and employees, and all business license, if any are required, in connection with the services to be performed hereunder. 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. Vendor warrants that it possesses or shall obtain, and maintain a business registration certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, qualifications, insurance and approval of whatever nature legally required of Vendor to practice its business or profession. 9. NOTICES. Any notices to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: TO THE CITY: TO THE VENDOR: Director of Code Enforcement 20l-B North "E" Street, Ste. 201 San Bernardino, CA 92401 Telephone: (909) 384-5205 Brett Carlson Construction P.O. Box 90085 San Bernardino, CA 92427' Telephone: (909) 880-8893 10. ATTORNEYS' FEES In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the City shall be considered as "attorneys' fees" for the purposes of this paragraph. 3 2009-66 Vendor Services Agreement by and between Brett Carlson Construction ("Vendor") and the City of San Bernardino ("City"). 11. ASSIGNMENT. Vendor shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the Vendor's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for the termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Vendor of Vendor's obligation to perform all other obligations to be performed by Vendor hereunder for the term of this Agreement. 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the State courts located in the County of San Bernardino, State of California or the U.S. District Court for the Central District of California, Eastern Division. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. 13. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective heirs, representatives, successors, and assigns. 15. HEADINGS. The subject headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the construction or the interpretation of any of its provisions. 16. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 17. ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement and the understanding between the parties, and supercedes any prior agreements and understandings relating to the subject manner of this Agreement. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. 4 2009-66 Vendor Services Agreement by and between Brett Carlson Construction ("Vendor") and the City of San Bernardino ("City"). IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. 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December 3, 2008 SUBJECT: NOTICE INVITING BIDS {RFQ} F-09-05 The City of San Bernardino (City) invites bids from qualified vendors for: Board Up Services - Various Locations Parties interested in obtaining a copy of this RFQ F-09-05 may do so by accessing the City of San Bernardino Web Page at www.sbcitv.ora > Business > Request for Bids> City Finance, beginning December 3, 2008, or by faxing their request to (909) 384-5043, attention Sylvia or Deborah. Please include the following information in your request: name and address of firm; name, telephone and facsimile number of contact person: specify RFQ F-09-05. Copies of the RFQ may also be obtained by calling Deborah Morrow at (909) 384-5086, Sylvia at (909) 384-5348, or in person at City Hall, 300 N. "0" St., 4th floor, San Bemardino, CA 92418. Mandatorv Pre~Bld Conference: 10:00 AM, December 10, 2008 at City Hall, 300 N. "D" Street, 4m Floor - Purchasing, San Bernardino CA 92418. Late arrivals will not be accepted. Closing Date: Bids must be submitted at or before 3:00 PM. PST. January 7. 2009, at the address listed above. Issuance of this RFQ and/or receipt of bids does not commit City to award a contract. Sincerely, Deborah Morrow Purchasing Manager 2009-66 RFQ F-09-05 SECTION I. INSTRUCTIONS TO BIDDERS D D D D D D D D D D D D 2009-66 RFQ F-09-05 Bid Documents to Be Returned RFQ F-09-05 BOARD UP SERVICES - VARIOUS LOCATIONS CODY of Contractor License III Bid Content end Fonns, General Specification 1135, Instructions to Bldae~s) , Bidders Bidder Experience Competency, Qualification and Profile (Vendor Document) III Bid' Bid Content Fonns' Stetemen! of Work Non-Collusion Affidavit (City Form) Instructions to Bldder(s)' Bidders Listing of Proposed Subcontractor (City Form) III Bid' Bid Content and Fonns Price Form (City Form) Instructions to Bidders, III Bid Content and Fonns Authorized Signatures Instructions to Bidders Bidder Identification III Bid Content and Fonns Addendum Received III Bid Contant and Fonns 120 Day Bid Validity Statement 11\ Bid Content and Fonns Authorized Signatures III Bid Content and Farms References III Bid Content and Fonns Calendar Day Acknowledgment of Delivery of Materials or Services General Specifications tI9 D Proper Identification and Submittal of Bid/Bid Package, and Price Form Instnictlana to Bidders Bidders are requested to submit this checklist completed with all bid documents. 2009-66 RFQ F-09-0S I. INSTRUCTIONS TO BIDDERS A. Mandatorv Pre-Bid Conference: 10:00 AM, December 10, 2008 at City Hall, 300 N. "D" Street, 4tn Floor - Purchasing, San Bernardino CA 92418. Late arrivals will not be accepted. 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 RFQ(s), for an undetermined period of time, the name of any Bidder for failure to accept a contract, failure to respond to two (2) consecutive RFQ(s) 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 0.2 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. SubmittinG Reauests a. With the exception of oral questions asked at any Job Walk or Pre- Bid Conference, all questions, clarifications or comments shall be put in writing and must be received by the City no later than December 17,2008, and be addressed as follows: City of San Bernardino 300 North "D" Street 4th floor, Attn: Deborah Morrow San Bernardino, CA 92418 2009-66 RFQ F-09-05 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 the date and time specified above. Send facsimile transmissions to (909) 384-5043, attention Deborah Morrow. c. Inquiries received after December 17, 2008 will not be accepted. 3. City Responses Responses from the City will be communicated in writing to all recipients of this RFQ, and will be faxed, postmarked, or posted to our website at www.sbcitv.orl! no later than close of business December 30, 2008. E. Submission of Bids 1. Date and Time All bids are to be submitted to City of San Bernardino, Attention: Deborah Morrow. Bids received after 3:00 PM. PST Januarv 7. 2009 will be rejected by the City as non-responsive. 2. Address Bids shall be addressed as follows: City of San Bernardino 300 N. "D" Street 4th floor - Purchasing San Bernardino, CA 92418. Bids may be delivered in person to the Purchasing Department. 4th floor of the above address. 3. Identification of Bids Bidder shall submit a SEALED bid package consisting of: a) a signed original with a completed and signed Price Form. b) and one (1) copy of its bid The bid package shall be addressed as shown above, bearing the Bidder's name and address and clearly marked as follows: 2009-66 RFQ F-09-05 "RFQ F-09-05: BOARD UP 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 right to apportion the award among two or more Bidders. A signed Vendor (Contractor) I Consultant Service Agreement (VSAlCSA), along with a pre-performance meeting, outlining additional terms and conditions relating to performance, warranty, materials, goods, services, or other items as deemed necessary by the City, may be required prior to the commencement of the job. 2009-66 RFQ F-09-05 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 contained therein, with no exceptions other than those specifically listed in the written purchase order. 2009-66 RFQ F -09-05 SECTION II. TECHNICAL SPECIFICATIONS 2009-66 RFQ F-09-0S City of San Bernardino Statement of Work RFQ F-09-05 Board Up Services - Various Locations ITEM DESCRIPTION NOTICE: "SPECIAL INSTRUCTIONS TO THE BIDDER" Services: Bidder shall complete right hand column indicating brief reasoning for exceptions to requirements when not acceptable. State "Acceptable" if requirements are agreeable as set forth on left-hand column. Equipment: Bidder shall complete right hand column indicating specific size and/or make and model of all components when not exactly as specified. State "As Specified" ifitern is exactly as set forth in the left-hand column. FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID I. DEFINITIONS: 1. "Director" means the Code Enforcement Director or his duly authorized representative. 2. "Department" means the City of San Bernardino Code Enforcement Department. 3. "City" means the City of San Bernardino. 4. "Contractor" means the Contractor, its employees, agents or designees. II. TERMS OF CONTRACT:. The term of this agreement (the "Agreement") shall be effective on or about March 2, 2009 through June 30, 2009 plus (3) three single year options to renew. In order to extend this Agreement, the City shall provide the Contractor written notice of its intent to extend the Agreement thirty (30) days prior to the end of the Agreement year. The Contractor agrees to provide the services described in the attached proposal for said additional periods, should the CITY give the required notice. 1. The City may utilize more than one Contractor for the services subject to this Agreement on an as-needed basis with no guaranteed usage as designated by the Director. 2. Upon request of the Director, a bid may be required prior to 2009-66 RFO F-09-05 approval and commencement of work. 3. The Contractor or Contractors shall perform the work specified under the general direction of the Director. Warrants or consents must be obtained for emergency services prior to entrance onto property and work completed within the time frame of the warrant. III. SECURITY SPECIFICATIONS AND CONDITIONS: Effective immediately, in all areas within the City of San Bernardino, where vandalism is known to cause undue damage to property, such property is to be protected by employing the following minimum security specifications according to City standards or as directed by Department: 1. All windows and doors shall be secured with \/2 inch and % inch thick exterior plywood panels, minimum B-D grade (respectively). 2. Window glass is to be removed if determined to be necessary by the Department and identified by removal location (when insta1lation cannot be made without breakage) before installing boarding. Ifremoved, glass is to be stored inside the living units. 3. All boarding will be fit to the screen inset molding stop or door stop. Maximum clearance at all edges shall be 1/8 inch. 4. All fabricated board will be plainly marked on their inside surface with the exterior dimensions to the nearest 1/8 inch to facilitate interchanging. 5. All exterior storage and utility cabinets located about the property must be secured against wind damage, removal and to prevent the theft of water heaters, furnaces, etc. A hasp and padlock must be installed on these doors. 6. All exterior double door cabinets are to be secured by installing a deadbolt and receptacle at the top and bottom to the inside of one of these doors. Install a hasp and padlock to the doors, securing one to the other. 7. Install a hasp and padlock to all garage doors. 8. All plywood panels to be painted a coordinating color with the structure. (See Exhibit "A" pages 1-10.) 2009-66 RFO F-09-05 IV. GENERAL CONDITIONS: 1. The Contractor and the agents and employees of the Contractor, in the perfonnance of this agreement, shall act in an independent capacity and not as officers or employees or agents of the City. 2. The Department, its officers and employees, shall not be liable for any loss, damage, or injury of any kind or nature as may arise out of any acts, duties, or obligations on the part of the Contractor, his agents, or employees, under this Agreement; nor for any materials or equipment used in perfonning the work, nor for injury or damage to any person or persons, either workmen or the public; nor for damage to adjoining property from any cause whatsoever during the progress of the work or any time before final acceptance. 3. Contractor shall indemnify and save harmless the Department, its officials and employees from any suits, claims or actions brought by any person or persons for, or on account of any injuries or damages sustained or arising in the consequence thereof. 4. The Contractor shall process and consider all claims for damage or injury in a courteous manner and as promptly, as conditions warrant. 5. The Contractor shall promptly answer inquiries and complaints of the Department, of private property owners, or citizens, relative to any work charges, damages or any other questions that may arise as a result of board up or abatement operations by the Contractor up to seven (7) days after completion. 6. The Contractor shall notify the Department by phone before 4:00 p.m. the same working day or by 8:00 a.m. the next working day in the event that fixtures or utilities are damaged or destroyed by the Contractor. Contractor will then follow up the phone call with a written statement to be submitted with the billing. When the Contractor, or responsible person is unavailable to rectify the situations, the Department shall make necessary arrangements to repair damaged or destroyed items if said damaged or destroyed items affect the health and/or well-being of property owner or adjacent property owners. Contractor is responsible for correcting, replacing, or paying all damages to property, fixtures, or utilities, whether the Contractor, Property Owner, or City does repairs. 7. The Contractor shall be fully infonned of and comply with all existing and future State and/or Federal laws and all City ordinances and regulations of the City which in any manner affect those engaged or employed in the work or the materials used in the work or which, in anv wav, affect the conduct of the work, and 2009-66 RFO F-09-05 all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. 8. The Director shall decide all questions which may arise as to the quality or acceptability of work performed, and as to the manner of performance and rate of progress of the work and all questions which arise as to the interpretation of the specifications. All work performed by the Contractor shall be done to the satisfaction of the Director. The Director or authorized representative reserves the right to inspect works as related to the conditions of the Statement of Work and Contract. 9. All equipment and tools shall be furnished, fully operable, operated, and maintained by the Contractor. There will be no extra charge made to the Department for the same. All fuel, materials, supplies, etc., to perform the Agreement shall be furnished at no extra charge to the Department. 10. Before and after any parcel is boarded up or abated, the Contractor shall take two (2) to four (4) elear and preeise dated diutal photos in eolor of the property which Contractor has boarded up or abated, demonstrating the need for these services. Contractor shall furnish his own camera and memory card or data disc for proper storage of digital photos. Contractor is responsible for furnishing all photos to the Department at its sole cost and expense. These photos shall be taken immediately before and after board up and abatement work is done and submitted to the Department, together with the billing for the work performed. If photos do not show iustification for ehane. payment will not be made. Each photo shall include the date picture was taken and the address and Code Enforcement officer's name assigned to that particular project. Each "after" picture shall be taken from the SAME location as the "before" picture showine: some eommon outstandine: landmark. There shall be no charge for digital photos. 11. The Contractor shall formulate his billing invoice and submit it with the photos to the Department within one (1) week of work completion on properties. The Department will expedite payments due, to the best of its ability within the framework of Policy. 12. The Department will deduct errors from future billing upon verification of Contractor error. Contractor will be provided an itemized statement describing the deductions. 13. The City reserves the right to make awards to the lowest responsible bidders or to reject all bids. The City reserves the right to negotiate a price for each item if bids are above or below the desired orice range for anv services. If more than one 2009-66 RFO F-09-05 contractor is selected, the City may require them to negotiate and reconcile their bids so that the City has a uniform schedule of services and fees. The City also reserves the right to terminate any or all contracts at any time, due to lack of work, rate of progress of work, or violations of this Agreement. 14. In the opinion of the Director, if the Contractor is not progressing at a satisfactory rate in work completion, the Director may terminate this Agreement and designate City crews or another City approved Contractor to complete the work. 15. City may require varying response times to include emergencies (1-2 hours), urgency warrants (same day or 24 hours) and non- urgency warrants (1-10 days.) V. LICENSES AND PERMITS: 1. The Contractor shall procure and keep in force during the term of this agreement any and all licenses and permits required by any Federal, State, or local laws or regulations. VI. INSURANCE: 1. The Contractor shall procure and maintain in force during the term of this agreement, at its expense, public liability insurance in companies and through brokers approved by the City, adequate to protect against liability for damage claims arising in any manner out of Contractor's operations in a minimum amount of $1,000,000.00 for each person injured, $1,000,000.00 for anyone occurrence. Contractor shall provide to the City a certificate of insurance and an additional insured endorsement which provides: a. That the City is an additional insured on the Contractor's Liability insurance. b. The insurance company name, policy number, period of Co~erage and the amount of coverage. c. That the City Clerk shall be notified at least thirty (30) days prior to any cancellation or material change in Contractor's coverage. d. That the Contractor's insurance shall be primary to any coverll2e the City may have in effect. VII. WOKERS' COMPENSATION: 1. The Contractor shall provide Workers' Compensation coverage for all employees employed pursuant to this agreement. The Contractor shall provide to the City an insurance certificate evidenciDl!: such insurance. 2009-66 RFO F-09-05 VIII. EQUIPMENT SPECIFICATIONS: 1. The Contractor shall use methods and equipment (i.e. hammers, drills, screws, etc.) deemed adequate to complete all requests for board up services in a timely manner and to apply the necessary skills and expertise necessary to perform the work competently and efficiently. IX. DETAILED PERFORMANCE SPECIFICATIONS: 1. All exterior door openings, except the front door and garage door, are to be secured in accordance with the above specifications. 2. Front door is to be secured with plywood over door, complete with two (2) equally spaced Holmes Heavy Duty Security Bolts (padlocks to be provided by Department). 3. Garage door openings when garage door is attached shall be secured with two (2) Holmes Heavy Duly Security Slide Bolts (padlock to be provided by Department), one on each side of the door. 4. All plates, bolts, washers, and nuts used for board-up shall be galvanized or cad plated. 5. Board-up of unusual sized doors, windows, and garage (when garage door is not attached) openings shall be installed per instruction of designated Code Officer. 6. All window openings shall be secured according to the specifications in Section m - SECURITY SPECIFICA nONS AND CONDmONS. 7. All board-up material shall become the property of the owner of the premises. 8. Signage shall be posted as follows: a. 12" x 24" minimum. b. lncombustible material. c. Minimum of four (4) holes, the maximum dimension of 1/4", punch or drilled no closer than 3/8" from edge/comer of sign. d. Attachment: Securely fasten in a conspicuous location on the building. Inscription: Character size to be 2 1/2" minimum and 4" maximum in height. Character color to be black or red set on a white background. The inscription shall read at minimum "No Trespassing PC 602 - Violators will be prosecuted." (See Exhibit "A" pages 1-10.) X. LOCAL VENDOR PREFERENCE: A five percent (5%) preference shall be granted to local vendors. A local vendor is defined as businesses and/or organizations which posses a fixed office or distribution point with at least one owner or employee located within the City, and possessing all valid and current Dermits, and licenses reauired to transact such , . 2009-66 RFQ F-09-05 business, including, but not limited to a City Business Registration Certificate. For the purpose of applying this order, the term "Contractual Services" shall be determined to include the following type of services. Contractual Services are: . Any service where the product of the service consists of intellectual property. For example: professional consultants, architects, landscape architects, engineering, environmental, land surveying, construction project management, auditors, advisors, management consultants, financial consultants, and legal consultants. . Any service where the primary portion of the service consists of labor. For example: maintenance and repair of City vehicles, buildings, equipment, and property; service agreements, technical support. Services not included are: installation of equipment when the cost is incidental to the price of the equipment, and installation is not classified as a "public works project." XI. QUALIFICIATIONS. RELATED EXPERIENCE AND REFERENCES OF BIDDER: This section of the bid should establish the ability of Bidder to satisfactorily perform the required work by reasons of experience in performing work of a similar nature; demonstrated competence in the services to be provided; strength and stability of the firm; staffing capability; work load; record of meeting schedules on similar projects; and supportive client reference. Bidder shall: II Provide a brief profile of the firm, including the types of services offered; the year founded; form of the organization (corporation, partnership, sole proprietorship); number, size and location of offices; number of employees; II Describe the firm's experience in performing work of a similar nature to that solicited in this RFQ: I!I Provide, as a minimum, three (3) written testimonials as reference from current customers of a similar size as the City as related experience; reference shall furnish the name, title, address and telephone number of the person(s) a the client Orlzanization who is \ . 2009-66 RFO F-09-05 most knowledgeable about the work performed. Bid prices must be valid for ninety (90) days per bid specifications due to processing requirements. " . 2009-66 RFQ F-09-05 SECTION III. BID CONTENT AND FORMS ~. 2009-66 RFQ F-09-05 111. 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 sub- contractors, 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 that do not materially deviate from the objectives or required content of the project. 2. ExceDtlons/Devlations 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. ,.' 2009-66 RFQ F-09-05 3. ADDendices 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 CERTIFICA TIOt<4. REQUIREMENTS By submitting a bid, bidder warrants that any and all licenses and/or certifications required by law, statute, code or ordinance in performing under the scope and specifications of this RFQ are currently held by bidder, and are valid and in full force and effect. Copies or legitimate proof of such licensure and/or certification shall be included in bidder's response. Bids lackinG cODies and/or Droof of said licenses and/or certifications mav be deemed non-resDonsive and mav be reiected. C. COST AND PRICE FORMS Bidder shall complete the Price Form in its entirety including 1) all items listed; 2) all additional costs associated with performance of specifications, 3) the Firm Fixed Price; and 4) 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. .. 2009-66 RFQ F-09-05 PRICE FORM REQUEST FOR QUOTES: DESCRIPTION OF RFQ: BIDDER'S NAME/ADDRESS: RFQ F-09-05 Board Up Services - Various Locations NAMEITELEPHONE NO. OF AUTHORIZED REPRESENTATIVE ANNUAL PURCHASE ORDER Effective on or about March 2, 2009 through June 30, 2009 plus three single year options, for City's partial requirements, on an as-needed basis, with no guaranteed usage for Board Up Services. Ootion vear one, if exercised, shall be effective July 1, 2009 through June 30, 2010. Ootion vear two, if exercised, shall be effective July 1, 2010 through June 30, 2011. Ootion vear three, if exercised, shall be effective July 1, 2011 through June 30, 2012. 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. . 2009-66 RFQ F-09-05 PRICE FORM BOARD UP SERVICES VARIQUS LOCATIONS All Firm Fixed orices to include labor. materials & hardware I) Security doors w/hinges & hasp (lock not included) $ 2) Double security doors w/hinges & hasp (lock not included) $ 3) Stationary doors $ 4) Sliding windows/patio doors (per panel) $ 5) Windows a. Up to 1564" $ b. 1565" to 2688" $ c. 2689" to 4608" $ d. Oversized opening from 4609" $ 6) Re-boardsl Re-secures Hardware or 2 x 4 replacement $ Plywood replacement $ Full sheet \1," plywood $ Half sheet W' plywood $ Additional services I) Temporary chain-link fencing (price per lineal foot) $ 2) Graffiti abatement: Price per square foot $ 3) #5 Master locks $ 4) Chain pieces $ 5) Hasp for gates or garages $ 6) Trash and debris removal $ 7) Swimming pooIlspa pumping $ .. Special services require bid and prior approval to include price for any special equipment rental, materials or hourly rate far speciallabar. .- . 2009-66 RFQ F-09-0S PRICE FORM (conti.) Note: If the project is awarded to 2 (two) or more contractors, the city will average contract based on average unit costs. BUSINESS I.D. NO. 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? Ves I No . (circle one). If you answered "Ves", 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 setforth in this RFQ apply to this bid. Cash discount allowable thirty (30) days. % days; unless otherwise stated, payment terms are: Net In signing this bid, Bidder warrants that all certifications and documents requested herein are attached and properly completed and signed. .. . . , 2009-66 RFQ F-09-0S PRICE FORM (conti.) 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: Addenda No: Addenda No: Received on: Received on: Received on: AUTHORIZED SIGNATURE: PRINT SIGNER'S NAME AND TITLE: DATE SIGNED: COMPANY NAME & ADDRESS: FAX: PHONE: EMAIL: IF SUBMITTING A "NO BID", PLEASE STATE REASON(S) BELOW: . \ , 2009-66 RFQ F-09-0S SUBCONTRACTOR'S LIST As required by California State Law, the General Contractor bidding will hereinafter state the subcontractor who will be the subcontractor on the job for each particular trade or subdivision of the work in an amount in excess of one-half of one percent of the General Contractor's total bid and will state the firm name and principal location of the mill, shop, or office of each. If a General Contractor fails to specify a subcontractor, or if he specifies more than one subcontractor for the same portion of work to be performed under the contract in excess of one-half of one percent, he agrees that he is fully qualified to perform that portion himself and that he shall perform that portion himself. DIVISION OF NAME OF FIRM OR LOCATION WORK OR CONTRACTOR CITY TRADE Signature of Bidder REJECTION OF BIDS The undersigned agrees that the City of San Bernardino reserves the right to reject any or all bids, and reserves the right to waive informalities in a bid or bids not affected by law, if to do seems to best serve the public interest. 'w'" . . , 2009-66 RFQ F-09-0S NON - COLLUSION AFFIDAVIT TO: THE COMMON COUNCIL, CITY OF SAN BERNARDINO In accordance with Title 23, United States Code, Section 112, the undersigned hereby states, under penalty of perjury: That he/she has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken action in restraint of free competitive bidding in connection with RFQ F-09-05. 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_. . . . . 2009-66 RFQ F-09-0S SECTION IV. GENERAL SPECIFICATIONS " " , 2009-66 RFQ F-09-0S GENERAL SPECIFICATIONS 1. Each bid shall be in accordance with Request for Quotes (RFQ) Number F-Ge-GS. 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 Bemardino reserves the right to purchase more or less than the quantities specified at unit prices bid. 4. Bids shall be firm offers, subject to acceptance or rejection within 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 !!S!! 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 Bemardino, 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 fumished 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 fumish and deliver to the City complete equipment as bid and awarded. ready for installation and fully equipped as detailed in these specifications. 12. Price shall be quoted F.O.B. San Bemardino (all transportation charges shall be fully prepaid), and shall include all discounts. Bid shall include California sales tax, where applicable, computed at the rate of 7.75%, and an additional City of San Bernardino Tral18actlon and Use Tax computed at the rate of 0.2S% where applIcable (this will normally be shown as a separete 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 equipmenf is included in any bid. Bidders fumishing 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 Govemment and the State of California, whether such safety features and/or items have been specifically outlined in these specifications or not. 16. Contractor delivering equipment pursuant to this RFQ specifications shall guarantee that equipment meets specifications as set forth herein. If it Is found that equipment delivered does not meet requirements of these specifications the Contractor shall be required to correct the same at their own expense. 17. By SUbmitting a bid, each bidder 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. . , L . 2009-66 RFQ F-09-0S 18. In case the delivery of the items under this contract is delayed due to strikes, injunctions, govemment controls, or by reason of any cause or circumstance beyond the control of the Contractor, the time for delivery may be extended (in the City's sole discretion) by a number of days to be determined in each instance by mutual written agreement between the Contractor and the Purchasing Manager of the City of San Bemardino. 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 Bemardino of bid in response to this solicitation shall constitute a contract between the Contractor and the City. This shall bind the Contractor to fumish and deliver at the prices bid and in complete accordance with all provisions of RFQ No. F-09-GS. 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 confiict of interest under Article 4(commencing with Section 1090} or Article 4.6 (commencing with Section 1120) of Division 4 of Title I of the Government Code of the State of Califomia. 21. One Document. These specifications, the notice inviting bids, RFQ F-09-05, the Contractor's bid, any written a9reement 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 perls, and whatever is specified in one section shall be construed as applying to all sections. 22. The City of San Bemardino reserves the right to accept or reject any and all bids. 23. Prompt payment. Each bidder may stipulate in their bid a percentage prompt payment discount to be taken by the 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 cas. of ties. 24. Inquiries. Direct all inquiries to Deborah Morrow, at 909-384-5086. Technical questions may be sent via fax to 909-384-5043. The answers to material questions will be provided to all potential bidders. 25. 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 .0' Street, 4'" Floor, City Hall, San Bernardino, California 92418. CLEARLY MARK THE RFQ SPECIFICATION TITLE "BOARD UP SERVICES" AND NUMBER F-G9- 05 ON THE OUTSIDE OF THE ENVELOPE. 26. Time. All bids must be received in the PUrchasing Division no later than 3:00 PM, PST, January 7,2009 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 NQI 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. See 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700 of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder 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 , . ~ . '. 2009-66 RFQ F-09-0S 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 "attomey's fees" for the purposes of this paragraph. 31. While not restricting or limiting the foregoing, during the term of this Agreement, Contractor shall maintain in effect policies of comprehensive public, general, and automobile liability insurance, in the amount of $1 ,000,000 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the City's Risk Manager prior to undertaking any work under this Agreement. The policies shall name the City as an additional insured and shall provide for ten- (10) day notification to the City if said policies are terminated or materially altered. 32. Written contract documents, duly authorized and signed by the appropriate authority, constitute the complete and entire agreement(s) that may result from the RFQ. 33. City may, at its discretion, exercise option year renewals for up to three (3) years, in one-year increments. 35. By submitting a bid, bidder warrants that any and all licenses and/or certifications required by law, statute, code or ordinance in performing under the scope and specifications of this RFQ are currently held by bidder, and are valid and in full force and effect. Copies or legitimate proof of such licensure and/or certification shall be included in bidder's response. Bids lackinG cODles and/or Droof of said licenses andlor certifications may be desmed non_Donslve and may be relected. 36. Vendor (Contractor)/Consultant Service Agreements rvSAlCSA). A signed Vendor/Consultant Service Agreement may be required between both parties prior to commencement of the job. 37. Once the award hes been made and prior to the commencement of the Job, the CIty's MunIcIpal Code M.C. 5.04.005) requires that a Business doing business with the City, obtain and Maintenance a valid City Business Reglstretion Certificate during the terms of the Agreement. . 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