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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Valerie Ross
Director
Subject:
Resolution Approving a
New Agreement for
Services with Albert
Johnson for the Provision
of Contract Building
Inspection Services for the
Stater Bros. Project.
Dept: Development Services
Date: September 11, 2008
MCC Date: October 6, 2008
Synopsis of Previous Council Action:
Resolution 2005-341 adopted October 17, 2005.
Resolution 2008-16 adopted January 22, 2008.
Recommended Motion:
Adopt Resolution.
YmW C1fuy
Valerie Ross
Contact person: loseph Le",s<,. Rllilding Offici",1
Phon",' '384-5171
Supporting data attached: St8ff RArort tI, RASO
Ward' 1
FUNDING REQUIREMENTS:
Amount: $ -0- (Fees paid bv Stater Bros.)
Source: (Acct. No.) 772-191-2323
Contract Building Inspection
Finance:
Council Notes:
gso 2008 -.38CJ
Agenda Item No. --1Jp
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subiect:
Resolution approving a new Agreement for Services with Albert Johnson for the provision of
contract building inspection services for the Stater Bros. Project.
Back2round:
The Development Services Department issued a Request for Proposals (F-06-06) for the
provision of contract building inspection services in 2005. As a result of this competitive bid
process, Resolution 2005-341, which was approved in October 2005, authorized services
agreements for the provision of contract building inspection with two (2) vendors; Albert
Johnson and California Code Check.
During a meeting in January 2006 with the project team for the new $110 million Stater Bros.
Corporate Center Project, staff was informed that they anticipated a need for one or two full-time
dedicated building inspectors to be assigned to the project once construction began.
Due to the fact that existing building inspection staffing within the Department was not adequate
to meet this additional demand for services, staff contacted the existing contract building
inspection vendors to determine the availability of qualified inspectors. Staff conducted
interviews with three proposed candidates, two of which were offered by California Code Check.
Mr. Albert Johnson was selected as the best-qualified candidate based on education, experience,
and certification.
On January 22, 2008, the Mayor and Common Council adopted Resolution 2008-16 approving a
building inspection services reimbursement agreement with Stater Bros. Markets. Pursuant to
the agreement, Stater Bros. has paid for those inspection costs for the dedicated full-time contract
building inspector which exceeded the amount of permit fees paid. They desire to continue this
arrangement until the completion of the project which is anticipated to be in February 2009.
The proposed Resolution authorizes a new Agreement for Services with Albert Johnson to
continue the inspection services through June 30, 2009, or to the completion of the project,
whichever occurs first.
Financial Imoact:
The costs for contract building inspection are paid by Stater Bros. Markets into a trust account
(772-191-2323) from which the contractor is subsequently paid. Thus this resolution has no
financial impact to the General Fund.
Recommendation:
Adopt Resolution.
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RESOLUTION NO,
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 17, 2005 the Mayor and Common Council adopted
esolution No. 2005-341 approving Services Agreements for contract building inspection
ervices with Albcrt Johnson and California Code Check, and
WHEREAS, said Services Agreements will expire on October 19,2008, and
WHEREAS, the consultant, Albert Johnson, has been assigned as the inspector of record
14 or the Stater Bros. Corporate Center Project since the start of construction in August 2007, and
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WHEREAS, the project is expected to be completed in February 2009 and Stater
rothers representatives have expressed a desire to continue using the contract inspection
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ervices of Albert Johnson through the completion of the project with the associated costs being
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orne by Stater Brothers, and
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22 rovide for the continuity of inspection services until the completion of the project.
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
23 NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF
24 SAN BERNARDINO DO ORDAIN AS FOLLOWS:
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SECTION 1. That the Agreement for Contract Building Inspection
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- 2 -
1
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A NEW
2 SERVICES AGREEMENT WITH ALBERT JOHNSON FOR THE PROVISION OF
CONTRACT BUILDING INSPECTION SERVICES FOR THE STATER BROS.
3 PROJECT.
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
meeting thereof, held on the
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day of
, 2008, by the following vote, to wit:
8 Council Members:
9
ESTRADA
10
BAXTER
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12 BRINKER
13 DERRY
14 KELLEY
15 JOHNSON
AYES
NAYS
ABSTAIN ABSENT
16 MCCAMMACK
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Rachel G. Clark, City Clerk
The foregoing Resolution is hereby approved this
day of
2008.
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24 Approved as to Form:
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Patrick J. Morris, Mayor
City of San Bernardino
JAMES F. PENMAN
City Attorney
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EXHIBIT A
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 day of
:2008 ("Effective Date"), by and between the CITY OF SAN BERNARDINO, a charter city
("City"), and ALBERT JOHNSON ("Consultant").
WITNESSETH:
A. WHEREAS, on October 17, 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 19,2008, 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, Albert 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 37103, 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 performed; and
H. WHEREAS, no official or employee of City has a financial interest, within the
provisions of California Government Code, Sections 1090-1092, 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:
EXHIBIT A
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 I and by this reference made a part hereof.
1.2. 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. Warranty. 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 minimum 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 applicable to the services required under this Agreement. Consultant shall
indemnify and hold harmless 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.
1.4. 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 12940 of the Government Code.
Violation of this provision may result in the imposition of penalties referred to in Labor
Code, Section l735.
1.5 Non-Exclusive Agreement. 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.
1.6. 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.
EXHIBIT A
1.8. Dutv of Lovaltv/Contlict 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 performing its obligations under this Agreement, is governed by
California's conflict of interest laws, Government Code Section 87100 et seq., and Title 2,
California Code of Regulations Section 18700 et seq.
1.8.1 Prior to performing 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 term 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 term 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 performing 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 performed 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.
EXHmIT A
3.0. TERM AND TERMINATION
3.1. Term. This Agreement shall commence on the date approved by the City
Manager and continue through June 30, 2009, or the completion of the Stater Bros. Corporate
Center Project, whichever occurs first, unless previously terminated 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 under 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, all 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 Scooe 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 occurrence 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 msurance as required by the State of
California
EXHIBIT A
4.2. 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 shall not terminate, nor shall it be cancelled, nor
the coverage reduced, Wltil 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 Wlder this Agreement.
4.4. Non-limiting. 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 damages to persons or property.
5.0. GENERAL PROVISIONS
5.1. Entire AlIreement 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 shall
prevail over any inconsistent provision in any other contract document appurtenant hereto,
including exhibits to this Agreement
5.2. Reoresentatives. The Director of Development Services or her designee shall
be the representative of City for purposes of this Agreement and 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 shall 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 Mana"ers. 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.
EXHIBIT A
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 shall 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. postmark 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 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 contract on behalf of the City shall
be considered as "attorneys' fees" for the purposes of this paragraph.
5.6. Governiml: 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. Assignment. Consultant shall not voluntarily or by operation of law assign,
transfer, sublet or encumber 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. Indemnification 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.
EXHIBIT A
5.9. Independent Contractor. Consultant is and shall be acting at all times as an
independent contractor and not as an employee of City. Consultant shall secure, 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 peIformed hereunder.
5.10. Ownership of Documents. All findings, reports, documents, information and
data including, but not limited to, computer tapes or discs, files and tapes furnished or
prepared 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 organization
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.
5.11. Public Records Act Disclosure. 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 disclosure 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 liable or responsible for
the disclosure of any trade secret including, without limitation, those records so marked if
disclosure is deemed to be required by law or by order of the Court.
5.12. Responsibility 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 ornission
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 Emplovrnent. Consultant will not employ any regular employee of
City while this Agreement is in effect.
EXHIBIT A
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 Beneficiary Rights. 1bis 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. Headings. 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 construed 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. Severabilitv. If any provision of this Agreement is determined 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.
EXHIBIT A
5.22. Counterparts. 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 Authority. 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
Signature
Lori Sassoon, Acting City Manager
Name and Title
Approved as to form:
James F. Penman,
City Attorney
By
AGREEMENT FOR SERVICES FOR CONTRACT BUILDING INSPECTION
SERVICES F0R THE COMPLETION OF THE STATER BROS. CORPORATE
CENTER PROJECT
THIS AGREEMENT is made and entered into this day of
2008 ("Effective Date"). by and between the CITY OF SAN BERNARDINO. a charter city
("City"), and ALBERT JOHNSON ("Consultant..).
WITNESSETH:
A. WHEREAS. on October 17, 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 19.2008. 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, Albert 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 37103, and holds all necessary
licenses to practice and perform the services herein contemplated; and
G. \VHEREAS. 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 performed; and
H. WHEREAS. no official or employee of City has a financial interest, within the
provisions of California Government Code, Sections 1090-1092, 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:
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 I and by this reference made a part hereof.
1.2. 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.
I .3. W arrantv. 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 minimum 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 applicable to the services required under this Agreement. Consultant shall
indemnify and hold harmless 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.
1.4. 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 12940 of the Government Code.
Violation of this provision may result in the imposition of penalties referred to in Labor
Code, Section 1735.
1.5 Non-Exclusive Agreement. 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.
1.6. 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
v,Titten 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.
1.8. Duty of Lovaltv/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 performing its obligations under this Agreement, is governed by
California's conflict of interest laws, Government Code Section 87100 et seq., and Title 2,
California Code of Regulations Section 18700 et seq.
1.8.1 Prior to performing 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 term 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 term 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.
7 7 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 performing 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 performed 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.
3.0. TERM AND TERMINATION
3.1. Term. This Agreement shall commence on the date approved by the City
Manager and continue through June 30, 2009, or the completion of the Stater Bros. Corporate
Center Project, whichever occurs first, unless previously terminated 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 Tennination. 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 under this Agreement unless directed otherwise by the
City.
3.3. Compensation. 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, all 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 Scope 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 lirnit of not less than One Million Dollars ($1,000,000.00),
combined single limits, per occurrence 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.
4.2. 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 shall not terminate, nor shall 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-limiting. 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 damages to persons or property.
5.0. GENERAL PROVISIONS
5.1. Entire Agreement. 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 shall
prevail over any inconsistent provision in any other contract document appurtenant hereto,
including exhibits to this Agreement.
5.2. Reoresentatives. The Director of Development Services or her designee shall
be the representative of City for purposes of this Agreement and 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 shall 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 Manal!ers. 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.
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 shall 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. postmark 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 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 contract on behalf of the City shall
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. Assil!IllDent. Consultant shall not voluntarily or by operation of law assign,
transfer, sublet or encumber 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. Indemnification 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 {h,maees 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.
5.9. Independent Contractor. Consultant is and shall be acting at all times as an
independent contractor and not as an employee of City. Consultant shall secure, 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. Ownership of Documents. All findings, reports, documents, information and
data including, but not limited to, computer tapes or discs, files and tapes furnished or
prepared 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 organization
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.
5.11. Public Records Act Disclosure. 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 disclosure 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 liable or responsible for
the disclosure of any trade secret including, without limitation, those records so marked if
disclosure is deemed to be required by law or by order of the Court.
5.12. Resnonsibilitv 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 Emplovrnent. Consultant will not employ any regular employee of
City while this Agreement is in effect.
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 Beneficiary 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. Headings. 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 construed 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 determined 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.
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. Coroorate Authority. 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
Lori Sassoon, Acting City Manager
Signature
Name and Title
Approved as to form:
James F. Penman,
City Attorney
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
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: maeinqles(ci)dailvjournal.com
Key words: Contract Buildinq 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 Auqust 1. 2005 Send one proof of publication.
Newspaper Name
Publication Date
CNSB Order #
(internal use only)
[X] San Bernardino Sun 189900)
08/1/05
[ ]
[ ]
[ ]
[ ]
[ ]
[ ]
Special Instructions: Needs ECD number on invoices to match notices
Rev. 07/03
Attachment 1
~
(Newspaper Advertisement)
August 1, 2005
SUBJECT: NOTICE INVITING BIDS (RFQ) F-06-06
The City of San Bernardino (City) invites bids from qualified vendors for Contract
Building Inspection Services
Parties interested in obtaining a copy of this RFO F-06-06 may do so by accessing the
City of San Bernardino Web Page at www.sbcitV.orq 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 RFO F-06-06.
Copies of the RFO 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 RFO and/or receipt of bids does not commit City to award a contract.
Sincerely,
Sheila A. Futch
Purchasing Division
Attachment 1
San Bernar 'tno
SM
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
Attachment 1
SECTION I.
INSTRUCTIONS TO BIDDERS
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 RFO 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 RFOs,
for an undetermined period of time, the name of any Bidder for failure to
accept a contract, failure to respond to two (2) consecutive RFOs 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
RFO. Any written addenda issued pertaining to this RFO shall be incorporated
into the terms and conditions of any resulting Purchase Order. The City will not
be bound to any modifications to or deviations from the requirements set forth in
this RFO as the result of oral instruction.
D. Clarifications
1. Examination of Documents
Should a Bidder require clarifications of this RFO, 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 RFO.
2. SubmittinQ ReQuests
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 "0" Street
4th floor, Attn: Sheila A. Futch
San Bernardino, CA 92418
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:
Attachment 1
"RFQ F-06-06:
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 RFO at any time without
prior notice and the City makes no representations that any
contract will be awarded to any Bidder responding to this RFO.
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 RFO;
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 RFO 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 RFO,
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
RFO documents including all requirements, conditions and specifications
Attachment 1
contained therein, with no exceptions other than those specifically listed in the
written purchase order.
Attachment 1
SECTION II.
TECHNICAL SPECIFICATIONS
Attachment I
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
model of all components when not exactly as specified. State "As Specified" if
item is exactly as set forth in the left-hand column.
FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID
CATEGORY 1 ACCEPTABLE/AS
SPECIFIED
Provide building inspections on construction projects
to determine if they comply with approved plans and
applicable codes and laws.
1. 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
panicipation by builders.
Attachment 1
i 2. REQUIREMENTS
i Contract inspector shall be certified through the
i International Code Council as a Building Inspector
i or a Combination Dwelling Inspector. The inspector
I shall be able to read and interpret plans and
, specifications and make reasonable determinations
! for compliance with all applicable codes and laws.
I
I 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 legibly and
communicate in the En lish Ian ua e.
3. DUTIES
i 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 Building Official or his
representative. The inspector shall keep an accurate
record of inspection results on forms 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 of the City. The inspector shall provide
the Building Official with a daily log of work
i 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 challen e all or an art 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.
Inspections shall cease when the demand falls below
I a level adequate to support the continuance of the
! ro am, as determined b the Buildin Qfficial. As
Attachment 1
I such a definite duration or volume of work is neither I
, I
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: I
I
A. Past inspection experience.
B. Education, training, experience, professional
certifications.
C. Expected compensation based on Item No.4
I above for the inspection services described
I 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 liability insurance, in the amount of
$1,000,000 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 improve the process or to
comply with the requirements of this RFP.
G. Six (6) copies of the proposal shall be submitted
i to the Purchasing Department, Sheila Futch, 300
,
I North "D" Street, San Bernardino, CA 92418 no
, later than August 17,2005 at 3:00 p.m.
I
I Proposals shall be clearly marked on the
,
outside of the envelope: "Contract Building
Inspection Services."
6. SELECTION PROCESS
11. 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. The second phase of the selection process will
I consist of staff evaluation based on an oral
, interview with the inspector. The interview will I
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.
Failure of the consultants to execute an
a eement within 60 da s will void the a roval.
Attachment 1
SECTION III.
BID CONTENT AND FORMS
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.
Attachment 1
RFQ F-06-06
3. Appendices
Information considered by Bidder to be pertinent to this RFO and
which has not been specifically solicited in any of the
aforementioned sections may be placed in a separate appendix
section. Bidders are cautioned, however, that this does not
constitute an invitation to submit large amounts of extraneous
materials; appendices should be relevant and brief.
B. LICENSING AND CERTIFICATION REQUIREMENTS
By submitting a bid, bidder warrants that any and all licenses and/or
certifications required by law, statute, code or ordinance in performing
under the scope and specifications of this RFO are currently held by
bidder, and are valid and in full force and effect. Copies or legitimate
proof of such licensure and/or certification shall be included in bidder's
response. Bids lackina copies and/or proof of said licenses and/or
certifications may be deemed non-responsive and may be reiected.
C. COST AND PRICE FORMS
Bidder shall complete the Price Form in its entirety including: 1) all items
listed and total price; 2) all additional costs associated with performance
of specifications; and 3) Bidder's identification information including a
binding signature.
Bidder shall state cash discounts offered. Unless discount payment terms
are offered, payment terms shall be "Net 30 Days". Payment due dates,
including discount period, will be computed from date of City acceptance
of the required services or of a correct and complete invoice, whichever is
later, to the date City's check is mailed. Any discounts taken will be taken
on full amount of invoice, unless other charges are itemized and discount
thereon is disallowed.
Freight terms shall be F.G.B. Destination, Full Freight Allowed, unless
otherwise specified on price form.
Attachment 1
RFQ F-06-06
SECTION IV
EVALUATION AND AWARD
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
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.
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.
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:
NAME/TELEPHONE 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.
I Hourly Rate
I Description of Service
,
Contract Building Inspection Servies
,
I
:
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
Addenda No:
Addenda No:
Addenda No:
Received on:
Received on:
Received on:
AUTHORIZED SIGNATURE:
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:
Attachment I
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-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_
Attachment 1
RFQ F -06-06
SECTION V.
GENERAL SPECIFICATIONS
Attachment 1
RFQ F-06-06
GENERAL SPECIFICATIONS
1. Each bid shall be in accordance with Request for Quotes (RFQ) Number F-06-06. All specifications
are minimum. Bidders are expected to meet or exceed these specifications as written. Bidder shall
attach to their bid a complete detaiied itemization and explanation for each and every deviation or
variation from the RFO specifications and requirements. Conditional bids, or those that take
exception to the RFO specifications and requirements, may be considered non-responsive and may
be rejected.
2. The City reserves the right to accept or reject any and all bids and to award a contract to the bidder
whom best meets the City's requirements. This may include waiver of minor 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 andlor 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 andlor services in number
of calendar days from the date of contract execution by the City of San Bernardino, time is of the
essence relative to this contract. Contractor shall prosecute the work continuously and diligently and
shall deliver the items at the earliest possible date following the award of the contract.
10. Each bidder shall list in their bid all factory, manufacturer's andlor dealer's warranty andlor guarantee
coverage and shall submit such written documents evidencing the same attached to the bid.
11. Successful bidder(s) (Contractor) shall furnish and deliver to the City complete equipment as bid and
awarded, ready for installation and fully equipped as detailed in these specifications.
12. Price shall be quoted F.O.B. San Bernardino(all transportation charges shall be fully prepaid), and
shall include all discounts. Bid shall inciude 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.
IS. 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 andlor items have been specifically outlined in these
specifications or not.
16. Contractor delivering equipment pursuant to this RFO 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.
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),
Attachment I
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. F^.ITJ74F1jb. PiRf7QR~1~~lCi! iQ~JI;' ~JGt rSQWiniUil Tl;:le ~9Rtr8st9r "'i11 89 r9~l1sIir98 is fblFRiGR a
Gast>lisr's s!;:lealt, s9litifie8 GResh €If faitRfillll f3SRSrPR8AG9 8aRS maga payaBle 19 t1>:l8 Cit/ sf iaR
il:erRaraiR8 iF! SA 8FRliHsIRt 9"1:481 19 199q~ sf tl:l8 Isis fJriSB 18 iRGl:Jre iRS G8Rtraetsr's fait/iifwl flsRen:R8FHiB
sf tRis 68Rtrast. iais GWFSF,,' GRail 88 GWBj8Gt Is lR8 8fifHS"riill sf iRe Cit~. sf iaR i8FR8FBiR8, 8eRss GRail
B8 iF! iiHiSBrSaRG8 '.'itR Qrail"laRG8 ~J9. i:;:!1, aSGtisr=I 21gg, eRg iRe 98Ff3Brati8R iSGl1sIiA€t ssiel88JXlB 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 lackinQ copies and/or proof of said
licenses and/or certifications mav be deemed non-responsive and mav be reiected.
Attachment 2
{~j;
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
Telephone:
Albert A. Johnson
P.O. Box 2073
Redlands, Ca 92373
Hm (909) 794-7937
Cell (909) 725- 3061
Bidder name:
Address:
I, Albert A. Johnson, acknowledge receipt of all RFQ addenda.
t _.."',
\~..:.;'
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.
, ',"S
l,;,,-.)i
Attachment 2
~",<li> \
I ~~,# I
':~.ii
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
l..' .);j 5. Responses from City August 10, 2005
.~,~i
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).
X f.i.J.J.rtd. Ct. ~ > u
Signature
~
I with the attached comments
(circle
ql'f /D)'
Date Signed
I i ~.i
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Attachment 2
RFQ F -06-06
PRINT SIGNER'S NAME AND TITLE: A I b~ r -I- Pi . J 0 /.." $ II t) f~/1Jc.., P A '-
DATE SIGNED:
COMPANY NAME & ADDRESS:
PHONE:'i6l{-7Z>- ~D~ ,
B 1/41()~
,
Albc..,.,fA. ..J.A"$"n
p. 0, IS 07< 2..0 7 3
~c. J (~V{ > I C-.... <; Z- ') 1 '}
FAX: IV 0 r-J E..
IF SUBMITTING A "NO BID'" PLEASE STATE REASON (S) BELOW:
CD '
I ';'~
\4i".'
'"
. ...t,;
J'
Attachment 2
RFQ F-06-06
NON. COLLUSION AFFIDAVIT
TO:
THE COMMON COUNCIL, CITY OF SAN BERNARDINO
I n 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-06-06.
Business Name~Mf-l- _ A . _-.J.P..lL f\ S /) ,.,
Business Address P b .8 .)( 2. /I 7 3 f.c J I-r\J L,_l.A 'i '2. J 7 J
Signature of bidder X tUt-J,:j, ~____
~/J<4'j, (.:-
--------~------
Place of Residence
Subscribed and swom before me this ~ day of .d1.f 1./1'1- ,20t25.
Notary Public in and for the County of.&z/J &://?t?~ ~ State of California.
My commission expires /)? tJ rc:h /
, 20 tJ (47.
.la SHANNON R. GARCIA ~ ~.
- Comm./1344936 /
UJ "', NOTARY PUBlICCAlIfO'", 1fI /1/7 h /? P? /?crJ # / .:
/00, Sa"lIerrl<lrd'"oCounty - W///t/?-'/ // rJ'v{' ,7
"'~ Corom. hlll/li. Mmb 1, 2005 ...
Attachment 2
PO Box 2073
Redlandri. CA 92373
Phone (909) 794-7937
r:~
Albert A. Johnson
Work experience
V'~
-~
,
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-~~
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
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
San Bernardino, CA
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 Building Inspector
. Under general supervision, inspect buildings
compliance w~h municipal and building codes.
and check building plans for compliance.
new and existing for
Issue building permits i
"
1991-1993 J.R Filanc Co. Perris, CA
Carpenter Foreman
. Supervision of three crews of carpenters and one crew of laborers during
construction of frfly-eight million dollar public works project for a large
municipal water district.
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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 aew of laborers during
construction of frfty-five million dollar public worKs 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 during construction of water treatment facilities for the
Chuckawalla Valley Prison.
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Attachment 2
RFQ F -06-06
PRICE FORM
REQUEST FOR QUOTES:
RFQ F-0S-06
DESCRIPTION OF RFQ:
Contract Building Inspection Services
BIDDER'S NAME/ADDRESS:
/J.IGLY'~ A Joh.I'\So.....
f (). f3 0)(. U I 3
ec:.dl&.4\~. L&.... q L'3 7~
NAME/TELEPHONE NO. OF
AUTHORIZED REPRESENTATIVE A I b C/Y-b A. J D h 0'1 ;5 0 .....
HON\E. 'to'! - .. 'i'-( - H ~ 7 cf.LL '1"'7 - 72...<;'- 30c. I
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
Attachment 2..
Attachment 2
Attachment 2
Attachment 2
Attachment 2
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01 johnson
consulting services
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, i '. ',J~ SAN BERNMIQINO
: ll' 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 I 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
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YOUR BUSINESS IS GREA TL Y APPRECIA TED
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