HomeMy WebLinkAbout13-Code Enforcement (2)
OR\G1NAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Wayne Harp, Interim Director
Subject: Resolution of the City of San Bernardino
authorizing the execution of a Vendor Services
Agreement and an increase to a purchase order to
Brett Carlson Construction with up to three (3) one-
year extensions at the City's option for board-up
services in the City.
MCC Date: 04-6-2009
Dept: Code Enforcement
Date: March 4, 2009
Synopsis of Previous Council Action:
08/1/94 - Resolution No. 94-233, authorizing an agreement with Los Padrinos, Inc. a non-profit
organization, to implement a comprehensive citywide graffiti removal program within the City.
09/17/07 - Resolution No. 2007-398, authorizing execution of a Services Agreement with Los Padrinos
Youth Services Inc.
09/15/08 - Resolution No. 2008-364, authorizing execution ofa First Amendment to Services Agreement
with Los Padrinos Youth Services, Inc., extending the agreement for ninety (90) days.
12/15/08 - Budget Amendment and Personnel Motions to implement In-House Graffiti Removal and
Property Abatement Services. (attached)
Recommended Motion:
Adopt Resolution
/
,
'/'~
(/ .~....-?;! (1--.:,
v W'ayne Harp
C ta t EILEEN GOMEZ
on c person:
Phone:
5920
Supporting data attached: StaffReport/Reso/Agreement Ward:
All
FUNDING REQUIREMENTS:
Amount: $89,139
Source: (Acct. No.)
001-071-5505
(A,..,..t n.;>c;('riptinn)
Council Notes:
g5"~
Finance:
2c:J()9- 0~
Agenda Item No. --13
q-(p~{)q
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Resolution of the City of San Bernardino authorizing the execution of a Vendor Services
Agreement and an increase to a purchase order to Brett Carlson Construction with up to three (3)
one-year extensions at the City's option for board-up services in the City.
BACKGROUND:
Since August of 1994, the City of San Bernardino contracted with Los Padrinos Youth Services
Inc., to provide citywide graffiti removal. On September 17,2007, the Mayor and Common
Council approved the adoption of Resolution No. 2007-398, expanding the Services Agreement
to include abatement services for trash and debris with the City. The provisions of the agreement
included boarding up unsecured buildings, removal of debris and trash, and any other special
beautification and abatement services on private property as assigned by Code Enforcement.
This agreement was set to expire on September 30,2008. On September 15,2008, the Mayor
and Common Council approved the adoption of Resolution No. 2008-364, authorizing execution
of a First Amendment to Services Agreement with Los Padrinos Youth Services, Inc., extending
the agreement for ninety (90) days. The extension was granted to allow time for City
representatives and Los Padrinos to negotiate the terms of their next agreement.
During the negotiations with Los Padrinos invoices totaling $232, 162.52 were submitted to Code
Enforcement for board-ups conducted over the last nine months. It was the City's belief that this
board-up work was included in the scope of work to be performed by Los Padrinos pursuant to
Resolution number 2007-398. This Resolution authorized Los Padrinos to be paid $588,000 for
"...abatement services within the City", along with other itemized services. In the language
describing abatement services, the agreement stated "upon the request of the Director of Code
Enforcement or his/her designee, board unsecured buildings. .." Thus Code Enforcement staff
felt that work associated with the $232,162.52 in invoices was already included in the scope of
services in the agreement. Subsequently Los Padrinos agreed to waive recovery of the invoice
amount. However, they continued to insist that board-ups were not included in the scope of
services in the agreement and refused to perform board-ups for Code Enforcement. At that point
no additional board-up work was assigned to them.
When Code Enforcement began preparation of documents for the renewal of the existing term,
Los Padrinos decided against the renewal and allowed the agreement to expire on its own terms
on December 31, 2008. As a result of the non-renewal of the Los Padrinos agreement, the Mayor
and Common Council approved a budget amendment on December 15,2008, to provide graffiti
and abatement services in-house by City staff and to issue a RFP for board-up services.
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report (cont.)
In order to ensure the best possible price, staff prepared board-up specifications, which included
reporting procedures by the contractor for all work performed and in progress. In December
2008, bid packages were sent to a total of twenty-four (24) area vendors including eight (8) local
and sixteen (16) non-local vendors, the San Bernardino Chamber of Commerce, and also
advertised in the Sun and on the city's web page under RFQ F-09-05. As advertised, bids were
publicly opened and read on January 7, 2009. A total of seven (7) bids were received by the
deadline. Brett Carlson Construction, the lowest bid, was selected (See Attachment "A"). Brett
Carlson Construction, who is also a local vendor, has agreed to add any and all additional staff
that may be required to timely respond to all requests submitted by Code Enforcement. The
RFP specified that the term of the agreement would only be from its effective date through the
end of the City's fiscal year with 3 single year options to renew. Therefore, the agreement and
request for funding is only through June 30, 2009.
Code Enforcement had an open purchase order with Brett Carlson in the amount of $1 0,000
since September 2008, for after-hour and emergency board-up services. The original $10,000
purchase order that was issued to Brett Carlson Construction was increased in October, 2009 to
$24,000 to accommodate Code Enforcement's board-up requirements during the formal bid
process. Code Enforcement has been incurring an average of $11 ,200 per month in board-up
charges since October 2008. To date, a total of$58,138 has been paid to this vendor for
emergency board-up services due to health/safety issues and an increase in foreclosures in
various locations throughout the City. Thus it is estimated that an additional $44,800 in board-up
costs will be required for the remainder of the fiscal year, but we are requesting an additional
$55,000 to cover unanticipated or extremely large board-up costs. It is requested that the
existing purchase order be increased by $89,138, bringing the total from $24,000 to $113,138 to
cover all board-up costs for the remainder of the fiscal year.
FINANCIAL IMPACT:
The total increase in cost to the City for board-up services is $89,138 and has been budgeted in
account 001-071-5505, Contractual Services, for the remainder of FY08/09. As part of the
abatement and cost recovery process, owners are billed for the work done on their properties,
however, if the bill is not paid, the amount owing is placed as a lien on the property taxes and
eventually the City should be reimbursed for costs incurred.
RECOMMENDATION:
Adopt the attached resolution.
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RESOLUTION NO.
C(Q)[P1[
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
THE EXECUTION OF A VENDOR SERVICES AGREEMENT AND AN
INCREASE TO A PURCHASE ORDER TO BRETT CARLSON
CONSTRUCTION WITH UP TO THREE (3) ONE-YEAR EXTENSIONS
AT THE CITY'S OPTION FOR BOARD-UP SERVICES IN THE CITY.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That Brett Carlson Construction is the source most qualified to perform the
required board-up services in various locations throughout the City.
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SECTION 2. That the City Manager is hereby authorized to execute on behalf of the City of
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San Bernardino, an agreement between said City and Brett Carlson Construction, a copy of which is
attached hereto, marked Exhibit "A" and incorporated herein by reference.
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SECTION 3. The Purchasing Manager is hereby authorized and directed, on behalf of the
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City, to increase the existing purchase order to Brett Carlson Construction for board-up services in
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the amount of $89,138, for a total purchase order amount of$I13, 138. The annual Purchase Order
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for this vendor shall reference this Resolution No. 2009-_. The agreement Will be effective
through June 30, 2009 and may be extended for three (3) additional one (I) year terms to coincide
19 With the City's fiscal year at the City's sole discretion. All other bids are hereby rejected at this
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time.
SECTION 4. The authorization to execute the above-referenced purchase order is rescinded
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if the parties fail to execute the agreement Within sixty (60) days of the passage of this resolution.
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27 Lj- (, -O~
28 MJ3
1
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
THE EXECUTION OF A VENDOR SERVICES AGREEMENT AND AN
INCREASE TO A PURCHASE ORDER TO BRETT CARLSON
CONSTRUCTION WITH UP TO THREE (3) ONE-YEAR EXTENSIONS
AT THE CITY'S OPTION FOR BOARD-UP SERVICES IN THE CITY.
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1 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
, 2009, by the following vote, to wit:
AYES
NAYS
ABSTAIN ABSENT
Rachel G. Clark, City Clerk
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20
21
22
,2009.
day of
The foregoing resolution is hereby approved this
Patrick J. Morris, Mayor
City of San Bernardino
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Approved as to Form:
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Exhibit "A"
VENDOR SERVICES AGREEMENT
This Vendor Services Agreement (the "Agreement") is entered into the 1st day of
March, 2009, (the "Effective Date") by and between Brett Carlson Construction
("Vendor") and the City of San Bernardino ("City").
WITNESSETH:
WHEREAS, the Mayor and Common Council has determined that it is advantageous
and in the best interest of the City to contract for board-up and abatement services throughout the
City; and,
WHEREAS, the City of San Bernardino did solicit and accept bids from available
vendors for such services; and,
WHEREAS, Vendor was the lowest and best bidder for the provision of such services;
and,
WHEREAS, Vendor has performed similar board-up services for City under a purchase
order since September, 2008 and has been paid the total sum of $58,138 for these services
through February 28, 2009.
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
a. For the remuneration attached hereto as Attachment "1" and incorporated herein by
this reference, City hereby engages the services of Vendor to provide those services
as set forth in RFQ F-09-05, attached hereto as Attachment "2" and incorporated
herein by this reference.
b. Vendor shall be responsible for the boarding up of unsecured buildings throughout
the City. Vendor shall respond to any requests for these services as required by the
Code Enforcement Department and its officers in a timely and professional manner,
and shall hire and maintain any additional staff deemed necessary to fulfill any and all
requests by the Code Enforcement Department attached hereto as Attachment "3" and
incorporated herein by this reference.
2. COMPENSATION AND EXPENSES.
a. The total amount for services rendered under this Agreement shall not exceed
$55,000, and the total amount of the purchase order shall not exceed $113,138.
Vendor Services Agreement by and between Brett Carlson Construction ("Vendor")
and the City of San Bernardino ("City").
b. No other expenditures made by Vendor outside the scope of services and terms of this
Agreement shall be reimbursed by City.
3. TERM AND TERMINATION
This Agreement shall commence on the Effective Date and continue through June 30,
2009 unless previously terminated as provided herein. This Agreement may be extended for
three (3) additional one (I) year terms to coincide with the City's fiscal year at the City's sole
discretion.
The City reserves and has the right and privilege of canceling, suspending or abandoning
the execution of all or any part of the work contemplated by this Agreement, for any reason, with
or without cause, at any time, by providing written notice to Vendor. The termination of this
Agreement shall be deemed effective upon receipt of the notice of termination. In the event of
such termination, Vendor shall immediately stop rendering services under this Agreement unless
directed otherwise by the City.
4. INDEMNITY.
Vendor agrees to and shall indemnify and hold the City, its elected officials, employees,
agents or representatives, free and harmless from all claims, actions, damages and liabilities of
any kind and nature arising from bodily injury, including death, or property damage, based or
asserted upon any actual or alleged act or omission of Vendor, its employees, agents, or
subcontractors, relating to or in any way connected with the accomplishment of the work or
performance of services under this Agreement, unless the bodily injury or property damage was
actually caused by the sole negligence of the City, its elected officials, employees, agents or
representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its
own expense, including attorney's fees, the City, its elected officials, employees, agents or
representatives from any and all legal actions based upon such actual or alleged acts or
omissions. Vendor hereby waives any and all rights to any types of express or. implied
indemnity against the City, its elected officials, employees, agents or representatives, with
respect to third party claims against the Vendor relating to or in any way connected with the
accomplishment of the work or performance of services under this Agreement.
5. INSURANCE.
While not restricting or limiting the foregoing, during the term of this Agreement,
Vendor shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of $1 ,000,000.00 combined single limit, and statutory worker's
compensation coverage, and shall file copies of said policies with the City's Risk Manager prior
to undertaking any work under this Agreement. City shall be set forth as an additional named
insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished
to the City shall require the insurer to notify City of any change or termination in the policy.
2
Vendor Services Agreement by and between Brett Carlson Construction ("Vendor")
and the City of San Bernardino ("City").
6. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
Vendor shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or
sexual orientation, or any other status protected by law.
7. INDEPENDENT CONTRACTOR.
Vendor shall perform work tasks provided by this Agreement, but for all intents and
purposes Vendor shall be an independent contractor and not an agent or employee of the City.
Vendor shall secure, at its expense, and be responsible for any and all payment of Income Tax,
Social Security, State Disability Insurance Compensation, Unemployment Compensation, and
other payroll deductions for Vendor and its officers, agents, and employees, and all business
license, if any are required, in connection with the services to be performed hereunder.
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
Vendor warrants that it possesses or shall obtain, and maintain a business registration
certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits,
qualifications, insurance and approval of whatever nature legally required of Vendor to practice
its business or profession.
9. NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:
TO THE CITY:
TO THE VENDOR:
Director of Code Enforcement
201-B North "E" Street, Ste. 201
San Bernardino, CA 92401
Telephone: (909) 384-5205
Brett Carlson Construction
P.O. Box 90085
San Bernardino, CA 92427
Telephone: (909) 880-8893
10. ATTORNEYS' FEES
In the event that litigation is brought by any party in connection with this Agreement, the
prevailing party shall be entitled to recover from the opposing party all costs and expenses,
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its
rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions
hereof. The costs, salary and expenses of the City Attorney and members of his office in
enforcing this Agreement on behalf of the City shall be considered as "attorneys' fees" for the
purposes of this paragraph.
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Vendor Services Agreement by and between Brett Carlson Construction ("Vendor")
and the City of San Bernardino ("City").
11. ASSIGNMENT.
Vendor shall not voluntarily or by operation of law assign, transfer, sublet or encumber
all or any part of the Vendor's interest in this Agreement without City's prior written consent.
Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute
a breach of this Agreement and cause for the termination of this Agreement. Regardless of
City's consent, no subletting or assignment shall release Vendor of Vendor's obligation to
perform all other obligations to be performed by Vendor hereunder for the term of this
Agreement.
12. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State courts located in the County of San
Bernardino, State of California or the U.S. District Court for the Central District of California,
Eastern Division. The aforementioned choice of venue is intended by the parties to be
mandatory and not permissive in nature.
13. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
14. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this
Agreement and their respective heirs, representatives, successors, and assigns.
15. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
provisions.
16. SEVERABILITY.
If any provision of this Agreement is determined by a court of competent jurisdiction to
be invalid or unenforceable for any reason, such determination shall not affect the validity or
enforceability of the remaining terms and provisions hereof or of the offending provision in any
other circumstance, and the remaining provisions of this Agreement shall remain in full force
and effect.
17. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supercedes any prior agreements and understandings relating to the subject manner
of this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
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Vendor Services Agreement by and between Brett Carlson Construction ("Vendor")
and the City of San Bernardino ("City").
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated:
,2009
BRETT CARLSON CONSTRUCTION
By:
Its:
Dated
,2009
CITY OF SAN BERNARDINO
By:
Mark Weinberg, Interim City Manager
Approved as to Form:
James F. Penman, City Attorney
By:
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VENDOR SERVICES AGREEMENT
This Vendor Services Agreement (the "Agreement") is entered into the I" day of
March, 2009, (the "Effective Date") by and between Brett Carlson Construction
("Vendor") and the City of San Bernardino ("City").
WITNESSETH:
WHEREAS, the Mayor and Common Council. has determined that it is advantageous
and in the best interest of the City to contract for board-up and abatement services throughout the
City; and,
WHEREAS, the City of San Bernardino did solicit and accept bids from available
vendors for such services; and,
WHEREAS, Vendor was the lowest and best bidder for the provision of such services;
and,
WHEREAS, Vendor has performed similar board-up services for City under a purchase
order since September, 2008 and has been paid the total sum of $58,138 for these services
through February 28, 2009.
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
a. For the remuneration attached hereto as Attachment "I" and incorporated herein by
this reference, City hereby engages the services of Vendor to provide those services
as set forth in RFQ F-09-05, attached hereto as Attachment "2" and incorporated
herein by this reference.
b. Vendor shall be responsible for the boarding up of unsecured buildings throughout
the City. Vendor shall respond to any requests for these services as required by the
Code Enforcement Department and its officers in a timely and professional manner,
and shall hire and maintain any additional staff deemed necessary to fulfill any and all
requests by the Code Enforcement Department attached hereto as Attachment "3" and
incorporated herein by this reference.
2. COMPENSA nON AND EXPENSES.
a. The total amount for services rendered under this Agreement shall not exceed
$55,000, and the total amount of the purchase order shall not exceed $113,138.
Vendor Services Agreement by and between Brett Carlson Construction ("Vendor")
and the City of San Bernardino ("City").
b. No other expenditures made by Vendor outside the scope of services and terms of this
Agreement shall be reimbursed by City.
3. TERM AND TERMINATION
This Agreement shall commence on the Effective Date and continue through June 30,
2009 unless previously terminated as provided herein. This Agreement may be extended for
three (3) additional one (I) year terms to coincide with the City's fiscal year at the City's sole
discretion.
The City reserves and has the right and privilege of canceling, suspending or abandoning
the execution of all or any part of the work contemplated by this Agreement, for any reason, with
or without cause, at any time, by providing written notice to Vendor. The termination of this
Agreement shall be deemed effective upon receipt of the notice of termination. In the event of
such termination, Vendor shall immediately stop rendering services under this Agreement unless
directed otherwise by the City.
4. INDEMNITY.
Vendor agrees to and shall indemnifY and hold the City, its elected officials, employees,
agents or representatives, free and harmless from all claims, actions, damages and liabilities of
any kind and nature arising from bodily injury, including death, or property damage, based or
asserted upon any actual or alleged act or omission of Vendor, its employees, agents, or
subcontractors, relating to or in any way connected with the accomplishment of the work or
performance of services under this Agreement, unless the bodily injury or property damage was
actually caused by the sole negligence of the City, its elected officials, employees, agents or
representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its
own expense, including attorney's fees, the City, its elected officials, employees, agents or
representatives from any and all legal actions based upon such actual or alleged acts or
omissions. Vendor hereby waives any and all rights to any types of express or implied
indemnity against the City, its elected officials, employees, agents or representatives, with
respect to third party claims against the Vendor relating to or in any way connected with the
accomplishment of the work or performance of services under this Agreement.
5. INSURANCE.
While not restricting or limiting the foregoing, during the term of this Agreement,
Vendor shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory worker's
compensation coverage, and shall file copies of said policies with the City's Risk Manager prior
to undertaking any work under this Agreement. City shall be set forth as an additional named
insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished
to the City shall require the insurer to notifY City of any change or termination in the policy.
2
Vendor Services Agreement by and between Brett Carlson Construction ("Vendor")
and the City of San Bernardino ("City").
6. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
Vendor shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or
sexual orientation, or any other status protected by law.
7. INDEPENDENT CONTRACTOR.
Vendor shall perform work tasks provided by this Agreement, but for all intents and
purposes Vendor shall be an independent contractor and not an agent or employee of the City.
Vendor shall secure, at its expense, and be responsible for any and all payment of Income Tax,
Social Security, State Disability Insurance Compensation, Unemployment Compensation, and
other payroll deductions for Vendor and its officers, agents, and employees, and all business
license, if any are required, in connection with the services to be performed hereunder.
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
Vendor warrants that it possesses or shall obtain, and maintain a business registration
certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits,
qualifications, insurance and approval of whatever nature legally required of Vendor to practice
its business or profession.
9. NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:
TO THE CITY:
TO THE VENDOR:
Director of Code Enforcement
201-B North "E" Street, Ste. 201
San Bernardino, CA 92401
Telephone: (909) 384-5205
Brett Carlson Construction
P.O. Box 90085
San Bernardino, CA 92427
Telephone: (909) 880-8893
10. ATTORNEYS' FEES
In the event that litigation is brought by any party in connection with this Agreement, the
prevailing party shall be entitled to recover from the opposing party all costs and expenses,
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its
rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions
hereof. The costs, salary and expenses of the City Attorney and members of his office in
enforcing this Agreement on behalf of the City shall be considered as "attorneys' fees" for the
purposes of this paragraph.
3
Vendor Services Agreement by and between Brett Carlson Construction ("Vendor")
and the City of San Bernardino ("City").
11. ASSIGNMENT.
Vendor shall not voluntarily or by operation of law assign, transfer, sublet or encumber
all or any part of the Vendor's interest in this Agreement without City's prior written consent.
Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute
a breach of this Agreement and cause for the termination of this Agreement. Regardless of
City's consent, no subletting or assignment shall release Vendor of Vendor's obligation to
perform all other obligations to be performed by Vendor hereunder for the term of this
Agreement.
12. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State courts located in the County of San
Bernardino, State of California or the U.S. District Court for the Central District of California,
Eastern Division. The aforementioned choice of venue is intended by the parties to be
mandatory and not permissive in nature.
13. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
14. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this
Agreement and their respective heirs, representatives, successors, and assigns.
15. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
provisions.
16. SEVERABILITY.
If any provision of this Agreement is determined by a court of competent jurisdiction to
be invalid or unenforceable for any reason, such determination shall not affect the validity or
enforceability of the remaining terms and provisions hereof or of the offending provision in any
other circumstance, and the remaining provisions of this Agreement shall remain in full force
and effect.
17. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supercedes any prior agreements and understandings relating to the subject manner
of this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
4
Vendor Services Agreement by and between Brett Carlson Construction ("Vendor")
and the City of San Bernardino ("City").
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated:
,2009
BRETT CARLSON CONSTRUCTION
By:
Its:
Dated
,2009
CITY OF SAN BERNARDINO
By:
Mark Weinberg, Interim City Manager
Approved as to Form:
James F. Penman, City Attorney
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A IT ACHMENT "2"
RFQ F-09-05
~
December 3, 2008
SUBJECT: NOTICE INVITING BIDS (RFQ) F-09-05
The City of San Bernardino (City) invites bids from qualified vendors for:
Board Up Services - Various Locations
Parties interested in obtaining a copy of this RFQ F-09-05 may do so by
accessing the City of San Bernardino Web Page at www.sbcitv.ora > Business
> Request for Bids> City Finance, beginning December 3, 2008, or by faxing
their request to (909) 384-5043, attention Sylvia or Deborah. Please include the
following information in your request: name and address of firm; name,
telephone and facsimile number of contact person; specify RFQ F-09-05.
. Copies of the RFQ may also be obtained by calling Deborah Morrow at (909)
384-5086, Sylvia at (909) 384-5348, or in person at City Hall, 300 N. "0" St., 4th
floor, San Bernardino, CA 92418.
Mandatorv Pre-Bid Conference: 10:00 AM, December 10, 2008 at City Hall,
300 N. "0" Street, 4ID Floor - Purchasing, San Bernardino CA 92418. Late
arrivals will not be accepted.
Closing Date: Bids must be submitted at or before 3:00 PM. PST. Januarv 7.
2009, at the address listed above.
Issuance of this RFQ and/or receipt of bids does not commit City to award a
contract.
Sincerely,
Deborah Morrow
Purchasing Manager
RFQ F-09-0S
SECTION I.
INSTRUCTIONS TO BIDDERS
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RFQ F-09-05
Bid Documents to Be Returned
RFQ F-09-05
BOARD UP SERVICES - VARIOUS LOCATIONS
CODY of Contractor License III Bid Contenlend Forms, General Specification #35, Inslructions 10
Bidd'e~s) I Bidders
Bidder Experience.. Competency, Qualification and Profile (Vendor
Document) III Bid I Bid '-'onlent Forms I Slelement of Work .
Non-Collusion Affidavit (City Form) Inslructions to Bidder(s) I Bidders
Listing of Proposed Subcontractor (City Form) III Bid I Bid Content and Forms
Price Form (City Form) Instructions 10 Bidders, III Bid Conlenland Forms
Authorized Signatures Inslructions to Bidders
Bidder Identification III Bid Content and Forms
Addendum Received III Bid Conlenland Forms
120 Day Bid Validity Statement III Bid Conlenland Forms
Authorized Signatures III Bid Content and Forms
References III Bid Content and Forms
Calendar Day Acknowledgment of Delivery of Materials or Services General
Specifications #9
Proper Identification and Submittal of Bid/Bid Package, and Price Form
Instructions to Bidders
Bidders are reauested to submit this checklist completed with all bid
documents.
RFQ F-09-05
I. INSTRUCTIONS TO BIDDERS
A. Mandatory Pre-Bid Conference: 10:00 AM. December 10, 2008 at City Hall,
300 N. "0" Street, 4'" Floor - Purchasing, San Bernardino CA 92418. Late
arrivals will not be accepted.
B. Examination of Bid Documents
1. By submitting a bid, the Bidder represents that it has thoroughly examined
and become familiar with the items required under this RFQ and that it is
capable of quality performance to achieve the City's objectives.
2. The City reserves the right to remove from its mailing list for future
RFQ(s), for an undetermined period of time, the name of any Bidder for
failure to accept a contract, failure to respond to two (2) consecutive
RFQ(s) andlor unsatisfactory performance. Please note that a "No Bid" is
considered a response.
C. Addenda
Any City changes to the requirements will be made by written addendum to this
RFQ. Any written addenda issued pertaining to this RFQ shall be incorporated
into the terms and conditions of any resulting Purchase Order. The City will not
be bound to any modifications to or deviations from the requirements set forth in
this RFQ as the result of oral instruction.
D. Clarifications
1. Examination of Documents
Should a Bidder require clarifications of this RFQ, the Bidder shall notify
the City in writing in accordance with Section 0.2 below. Should it be
found that the point in question is not clearly and fully set forth, the City
will issue a written addendum clarifying the matter which will be sent to all
persons who have requested the RFQ.
2. Submittina Reauests
a. With the exception of oral questions asked at any Job Walk or Pre-
Bid Conference, all questions, clarifications or comments shall be
put in writing and must be received by the City no later than
December 17, 2008, and be addressed as follows:
City of San Bernardino
300 North "0" Street
4th floor, Attn: Deborah Morrow
San Bernardino, CA 92418
RFQ F-09-05
b. The exterior envelope of. all requests for clarifications, questions
and comments must be clearly labeled, "Not an Offer." The City
is not responsible for failure to respond to a request that has not
been labeled as such. The City will also accept questions sent by
facsimile machines; however, all faxed questions must be received
by the City no later than the date and time specified above. Send
facsimile transmissions to (909) 384-5043, attention Deborah
Morrow.
c. Inquiries received after December 17, 2008 will not be accepted.
3. City ResDonses
Responses from the City will be communicated in writing to all recipients
of this RFQ, and will be faxed, postmarked, or posted to our website at
www.sbcitv.ore no later than close of business December 3D, 2008.
E. Submission of Bids
1. Date and Time
All bids are to be submitted to City of San Bernardino, Attention: Deborah
Morrow. Bids received after 3:00 PM. PST January 7. 2009 will be
rejected by the City as non-responsive.
2. Address
Bids shall be addressed as follows:
City of San Bernardino
300 N. "0" Street
4th floor - Purchasing
San Bernardino, CA 92418.
Bids may be delivered in person to the Purchasing Department, 4th floor
of the above address.
3. Identification of Bids
Bidder shall submit a SEALED bid package consisting of:
a) a signed original with a completed and signed Price Form.
b) and one (1) copy of its bid
The bid package shall be addressed as shown above, bearing the
Bidder's name and address and clearly marked as follows:
RFQ F-09-05
"RFQ F-09-05:
BOARD UP SERVICES"
4. Acceptance of Bids
a. The City reserves the right to accept or reject any and all bids, or
any item or part thereof, or to waive any informalities or
irregularities in bids.
b. The City reserves the right to withdraw this RFQ at any time without
prior notice and the City makes no representations that any
contract will be awarded to any Bidder responding to this 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 RFQ;
2. submitting that bid to City;
3. negotiating with City any matter related to this bid; or
4. any other expenses incurred by the Bidder prior to date of award, if any, of
the Agreement.
The City shall not, in any event, be liable for any pre-contractual expenses
incurred by Bidder in the preparation of its bid. Bidder shall not include any such
expenses as part of its bid.
G. Contract Award
Issuance of this RFQ and receipt of bids does not commit the City to award a
Purchase Order. The City reserves the right to postpone bid opening for its own
convenience, to accept or reject any or all bids received in response to this RFO,
and to negotiate with other than the selected Bidder(s) should negotiations with
the selected Bidder(s) be terminated. Jhe City also reserves the rlaht to
apportion the award amona two or more Bidders.
A signed Vendor (Contractor) I Consultant Service Agreement (VSAlCSA), along
with a pre-performance meeting, outlining additional terms and conditions relating
to performance, warranty, materials, goods, services, or other items as deemed
necessary by the City, may be required prior to the commencement of the job.
RFQ F-09-05
H. Acceotance of Order
The successful Bidder will be required to accept a Purchase Order in accordance
with and including as a part thereof the published Notice Inviting Bids, and the
RFQ documents including all requirements, conditions and specifications
contained therein, with no exceptions other than those specifically listed in the
written purchase order.
RFQ F-09-05
SECTION II.
TECHNICAL SPECIFICATIONS
RFQ F-09-05
City of San Bernardino
Statement of Work
RFQ F -09-05
Board Up Services - Various Locations
ITEM DESCRIPTION
NOTICE: "SPECIAL INSTRUCTIONS TO THE BIDDER"
Services:
Bidder shall complete right hand column indicating brief reasoning for exceptions to
requirements when not acceptable. State "Acceptable" if requirements are agreeable as
set forth on left-hand column.
Equipment:
Bidder shall complete right hand column indicating specific size and/or make and model
of all components when not exactly as specified. State "As Specified" ifitem is exactly as
set forth in the left-hand column.
FAILURE TO COMPLETE RIGHT HAND COLUMN WILL
INVALIDATE BID
I. DEFINITIONS:
I. "Director" means the Code Enforcement Director or his duly
authorized representative.
2. "Department" means the City of San Bernardino Code
Enforcement Department.
3. "City" means the City of San Bernardino.
4. "Contractor" means the Contractor, its employees, agents or
designees.
n. TERMS OF CONTRACT:.
The term of this agreement (the "Agreement") shall be effective on or
about March 2, 2009 through June 30, 2009 plus (3) three single year
options to renew.
In order to extend this Agreement, the City shall provide the Contractor
written notice of its intent to extend the Agreement thirty (30) days
prior to the end of the Agreement year. The Contractor agrees to
provide the services described in the attached proposal for said
additional periods, should the CITY give the required notice.
1. The City may utilize more than one Contractor for the services
subject to this Agreement on an as-needed basis with no
guaranteed usage as designated by the Director.
2. Uoon request of the Director, a bid may be required prior to
RFQ F-09-05
approval and commencement of work.
3. The Contractor or Contractors shall perform the work specified
under the general direction of the Director. Warrants or consents
must be obtained for emergency services prior to entrance onto
property and work completed within the time frame of the
warrant.
III. SECURITY SPECIFICATIONS AND CONDITIONS:
Effective immediately, in all areas within the City of San
Bernardino, where vandalism is known to cause undue damage to
property, such property is to be protected by employing the
following minimum security specifications according to City
standards or as directed by Department:
I. All windows and doors shall be secured with Y. inch and '/.0 inch
thick exterior plywood panels, minimum B-D grade
(respectively).
2. Window glass is to be removed if determined to be necessary by
the Department and identified by removal location (when
installation cannot be made without breakage) before installing
boarding. Ifremoved, glass is to be stored inside the living units.
3. All boarding wilI be fit to the screen inset molding stop or door
stop. Maximum clearance at all edges shall be 1/8 inch.
4. All fabricated board will be plainly marked on their inside surface
with the exterior dimensions to the nearest 1/8 inch to facilitate
interchanging.
5. All exterior storage and utility cabinets located about the property
must be secured against wind damage, removal and to prevent the
theft of water heaters, furnaces, etc. A hasp and padlock must be
installed on these doors.
6. All exterior double door cabinets are to be secured by installing a
deadbolt and receptacle at the top and bottom to the inside of one
of these doors. Install a hasp and padlock to the doors, securing
one to the other.
7. Install a hasp and padlock to all garage doors.
8. All plywood panels to be painted a coordinating color with the
structure. (See Exhibit "A" pages 1-10.)
RFO F-09-05
IV. GENERAL CONDITIONS:
1. The Contractor and the agents and employees of the Contractor, in
the performance of this agreement, shall act in an independent
capacity and not as officers or employees or agents of the City.
2. The Department, its officers and employees, shall not be liable for
any loss, damage, or injury of any kind or nature as may arise out
of any acts, duties, or obligations on the part of the Contractor, his
agents, or employees, under this Agreement; nor for any materials
or equipment used in performing the work, nor for injury or
damage to any person or persons, either workmen or the public;
nor for damage to adjoining property from any cause whatsoever
during the progress of the work or any time before final
acceptance.
3. Contractor shall indemnify and save harmless the Department, its
officials and employees from any suits, claims or actions brought
by any person or persons for, or on account of any injuries or
damages sustained or arising in the consequence thereof.
4. The Contractor shall process and consider all claims for damage
or injury in a courteous manner and as promptly, as conditions
warrant.
5. The Contractor shall promptly answer inquiries and complaints of
the Department, of private property owners, or citizens, relative to
any work charges, damages or any other questions that may arise
as a result of board up or abatement operations by the Contractor
up to seven (7) days after completion.
6. The Contractor shall notify the Department by phone before 4:00
p.m. the same working day or by 8:00 a.m. the next working day
in the event that fixtures or utilities are damaged or destroyed by
the Contractor. Contractor will then follow up the phone call with
a written statement to be submitted with the billing. When the
Contractor, or responsible person is unavailable to rectify the
situations, the Department shall make necessary arrangements to
repair damaged or destroyed items if said damaged or destroyed
items affect the health and/or well-being of property owner or
adjacent property owners. Contractor is responsible for correcting,
replacing, or paying all damages to property, fixtures, or utilities,
whether the Contractor, Property Owner, or City does repairs.
7. The Contractor shall be fully informed of and comply with all
existing and future State and/or Federal laws and all City
ordinances and regulations of the City which in any manner affect
those engaged or employed in the work or the materials used in
the work or which, in any wav, affect the conduct of the work, and
RFQ F-09-05
all such orders and decrees of bodies or tribunals having any
jurisdiction or authority over the same.
8. The Director shall decide all questions which may arise as to the
quality or acceptability of work performed, and as to the manner
of performance and rate of progress of the work and all questions
which arise as to the interpretation of the specifications. AIl work
performed by the Contractor shall be done to the satisfaction of
the Director. The Director or authorized representative reserves
the right to inspect works as related to the conditions of the
Statement of Work and Contract.
9. All equipment and tools shall be furnished, fully operable,
operated, and maintained by the Contractor. There will be no
extra charge made to the Department for the same. All fuel,
materials, supplies, etc., to perform the Agreement shall be
furnished at no extra charge to the Department.
10. Before and after any parcel is boarded up or abated, the
Contractor shall take two (2) to four (4) elear and preeise dated
dil!ital photos in eolor of the property which Contractor has
boarded up or abated, demonstrating the need for these services.
Contractor shall furnish his own camera and memory card or data
disc for proper storage of digital photos. Contractor is responsible
for furnishing all photos to the Department at its sole cost and
expense. These photos shall be taken immediately before and after
board up and abatement work is done and submitted to the
Department, together with the billing for the work performed. If
photos do not show iustifieation for ehaNe. payment will not
be made. Each photo shall include the date picture was taken and
the address and Code Enforcement officer's name assigned to that
particular project. Each "after" picture shall be taken from the
SAME location as the "before" picture showin!!: some common
outstandin!!: landmark. There shall be no charge for digital
photos.
11. The Contractor shall formulate his billing invoice and submit it
with the photos to the Department within one (1) week of work
completion on properties. The Department will expedite payments
due, to the best of its ability within the framework of Policy.
12. The Department wiIl deduct errors from future billing upon
verification of Contractor error. Contractor will be provided an
itemized statement describing the deductions.
13. The City reserves the right to make awards to the lowest
responsible bidders or to reject all bids. The City reserves the
right to negotiate a price for each item if bids are above or below
the desired Drice ranl!:e for any services. If more than one
RFO F-09-05
contractor is selected, the City may require them to negotiate and
reconcile their bids so that the City has a uniform schedule of
services and fees. The City also reserves the right to terminate any
or all contracts at any time, due to lack of work, rate of progress
of work, or violations of this Agreement.
14. In the opinion of the Director, if the Contractor is not progressing
at a satisfactory rate in work completion, the Director may
terminate this Agreement and designate City crews or another
City approved Contractor to complete the work.
15. City may require varying response times to include emergencies
(1-2 hours), urgency warrants (same day or 24 hours) and non-
urgency warrants (1-10 days.)
V. LICENSES AND PERMITS:
1. The Contractor shall procure and keep in force during the term of
this agreement any and all licenses and permits required by any
Federal, State, or local laws or re2Ulations.
VI. INSURANCE:
1. The Contractor shall procure and maintain in force during the
term of this agreement, at its expense, public liability insurance in
companies and through brokers approved by the. City, adequate to
protect against liability for damage claims arising in any manner
out of Contractor's operations in a minimum amount of
$1,000,000.00 for each person injured, $1,000,000.00 for anyone
occurrence. Contractor shall provide to the City a certificate of
insurance and an additional insured endorsement which provides:
a. That the City is an additional insured on the Contractor's
Liability insurance.
b. The insurance company name, policy number, period of
Coverage and the amount of coverage.
c. That the City Clerk shall be notified at least thirty (30) days
prior to any cancellation or material change in Contractor's
coverage.
d. That the Contractor's insurance shall be primary to any
coverage the Citv mav have in effect.
VII. WOKERS' COMPENSATION:
1. The Contractor shall provide Workers' Compensation coverage
for all employees employed pursuant to this agreement. The
Contractor shall provide to the City an insurance certificate
evidencing such insurance.
-
RFO F-09-05
VIll. EOUlPMENT SPECIFICATIONS:
1. The Contractor shall use methods and equipment (i.e. hammers,
drills, screws, etc.) deemed adequate to complete all requests for
board up services in a timely manner and to apply the necessary
skills and expertise necessary to perform the work competently
and efficientlv.
IX. DETAILED PERFORMANCE SPECIFICATIONS:
1. All exterior door openings, except the front door and garage
door, are to be secured in accordance with the above
specifications.
2. Front door is to be secured with plywood over door, complete
with two (2) equally spaced Holmes Heavy Duty Security Bolts
(padlocks to be provided by Department).
3. Garage door openings when garage door is attached shall be
secured with two (2) Holmes Heavy Duly Security Slide Bolts
(padlock to be provided by Department), one on each side of the
door.
4. All plates, bolts, washers, and nuts used for board-up shall be
galvanized or cad plated.
5. Board-up of unusual sized doors, windows, and garage (when
garage door is not attached) openings shall be installed per
instruction of designated Code Officer.
6. All window openings shall be secured according to the
specifications in Section ill - SECURITY SPECIFICA nONS
AND CONDmONS.
7. All board-up material shall become the property of the owner of
the premises.
8. Signage shall be posted as follows:
a. 12" x 24" minimum.
b. Incombustible material.
c. Minimum offour (4) holes, the maximum dimension of 1/4",
punch or drilled no closer than 3/8" from edge/comer of sign.
d. Attachment: Securely fasten in a conspicuous location on the
building.
Inscription: Character size to be 2 1/2" minimum and 4"
maximum in height. Character color to be black or red set
on a white background. The inscription shall read at
minimum "No Trespassing PC 602 - Violators will be
prosecuted." (See Exhibit "An pages 1-10.)
X. LOCAL VENDOR PREFERENCE:
A five percent (5%) preference shall be granted to local vendors.
A local vendor is defined as businesses and/or organizations
which posses a fixed office or distribution point with at least one
owner or employee located within the City, and possessing all
valid and current nermits, and licenses relluired to transact such
RFO F-09-05
business, including, but not limited to a City Business
Registration Certificate.
For the purpose of applying this order, the term "Contractual
Services" shall be determined to include the following type of
services.
Contractual Services are:
. Any service where the product of the service consists of
intellectual property. For example: professional consultants,
architects, landscape architects, engineering, environmental, land
surveying, construction project management, auditors, advisors,
management consultants, financial consultants, and legal
consultants.
. Any service where the primary portion of the service consists of
labor. For example: maintenance and repair of City vehicles,
buildings, equipment, and property; service agreements, technical
support.
Services not included are: installation of equipment when the
cost is incidental to the price of the equipment, and installation is
not classified as a "public works project."
XI. OUALIFICIATIONS. RELATED EXPERIENCE AND
REFERENCES OF BIDDER:
This section of the bid should establish the ability of Bidder to
satisfactorily perform the required work by reasons of experience
in performing work of a similar nature; demonstrated competence
in the services to be provided; strength and stability of the firm;
staffing capability; work load; record of meeting schedules on
similar projects; and supportive client reference.
Bidder shall:
II Provide a brief profile of the firm, including the types of services
offered; the year founded; form of the organization (corporation,
partnership, sole proprietorship); number, size and location of
offices; number of employees;
II Describe the firm's experience in performing work of a similar
nature to that solicited in this RFQ:
III Provide, as a minimum, three (3) written testimonials as reference
from current customers of a similar size as the City as related
experience; reference shall furnish the name, title, address and
teleohone number of the person(s) a the client organization who is
RFO F-09-05
most knowledgeable about the work performed.
Bid prices must be valid for ninety (90) days per bid
specifications due to processing requirements.
RFQ F-09-05
SECTION III.
BID CONTENT AND FORMS
RFQ F-09-05
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 sub-
contractors, if applicable;
c. acknowledgment of receipt of all RFQ addenda, if any;
d. name, title, address and telephone number of contact
person during period of bid evaluation;
e. A statement to the effect that the bid shall remain valid for a
period of not less than 90 days from the date of submittal;
and
f. signature of a person authorized to bind Bidder to the terms
of the bid.
Bidder may also propose enhancement or procedural or
technical innovations to the Technical Specifications that do
not materially deviate from the objectives or required content
of the project.
2. ExceDtions/Devlations
State any exceptions to or deviations from the requirements
of this RFQ, stating "technical" exceptions on the Technical
Specifications form, and "contractual" exceptions on a
separate sheet of paper. Where Bidder wishes to propose
alternative approaches to meeting the City's technical or
contractual requirements, these should be thoroughly
explained.
RFQ F-09-05
3. Aooendices
Information considered by Bidder to be pertinent to this RFQ and
which has not been specifically solicited in any of the
aforementioned sections may be placed in a separate appendix
section. Bidders are cautioned, however, that this does not
constitute an invitation to submit large amounts of extraneous
materials; appendices should be relevant and brief.
B. LICENSING AND CERTIFICATION REQUIREMENTS
By submitting a bid, bidder warrants that any and all licenses and/or
certifications required by law, statute, code or ordinance in performing
under the scope and specifications of this RFQ are currently held by
bidder, and are valid and in full force and effect. Copies or legitimate
proof of such licensure and/or certification shall be included in bidder's
response. Bids lacking cooies and/or oroof of said licenses and/or
certifications may be deemed non-resoonsiye and may be reiected.
C. COST AND PRICE FORMS
Bidder shall complete the Price Form in its entirety including 1) all items
listed; 2) all additional costs associated with performance of
specifications, 3) the Firm Fixed Price; and 4) Bidder's identification
information including a binding signature.
Bidder shall state cash discounts offered. Unless discount payment terms
are offered, payment terms shall be "Net 30 Days". Payment due dates,
inCluding discount period, will be computed from date of City acceptance
of the required services or of a correct and complete invoice, whichever is
later, to the date City's check is mailed. Any discounts taken will be taken
on full amount of invoice, unless other charges are itemized and discount
thereon is disallowed.
Freight terms shall be F.O.B. Destination, Full Freight Allowed, unless
otherwise specified on price form.
RFQ F-09-05
PRICE FORM
REQUEST FOR QUOTES:
RFQ F-09-05
DESCRIPTION OF RFQ:
BIDDER'S NAME/ADDRESS:
Board Up Services - Various Locations
NAMEfTELEPHONE NO. OF
AUTHORIZED REPRESENTATIVE
ANNUAL PURCHASE ORDER
Effective on or about March 2, 2009 through June 30, 2009 plus three single year options, for
City's partial requirements, on an as-needed basis, with no guaranteed usage for Board Up
Services.
Option year one, if exercised, shall be effective July 1,2009 through June 30, 2010.
Option year two, if exercised, shall be effective July 1, 2010 through June 30, 2011.
Option year three, if exercised, shall be effective July 1, 2011 through June 30, 2012.
Actual option year pricing shall be negotiated with the successful Bidder(s) prior to exercising of
any given option year. Option years shall become effective only upon issuance by the City of a
duly authorized Purchase Order.
Please provide detailed Firm Fixed Price cost information in the spaces provided below, and any
other incidental or additional costs required to complete the Technical Specification
requirements.
RFQ F-09-05
PRICE FORM
BOARD UP SERVICES
VARIOUS LOCATIONS
All Firm Fixed prices to include labor. materials & hardware
I) Security doors wlhinges &
hasp (lock not included) $
2) Double security doors wlhinges &
hasp (lock not included) $
3) Stationary doors $
4) Sliding windows/patio doors
(per panel) $
5) Windows
a. Up to 1564" $
b. 1565" to 2688" $
c. 2689" to 4608" $
d. Oversized opening from 4609" $
6) Re-boardsl Re-secures
Hardware or 2 x 4 replacement $
Plywood replacement $
Full sheet Y:z" plywood $
Half sheet Y:z" plywood $
Additional services
I) Temporary chain-link fencing (price per lineal foot) $
2) Graffiti abatement:
Price per square foot $
3) #5 Master locks $
4) Chain pieces $
5) Hasp for gates or garages $
6) Trash and debris removal $
7) Swimming pool/spa pumping $
.. Special services require bid and prior approval to include price for any special equipment rental, materials or hourly
rate for special labor .
RFQ F-09-05
PRICE FORM (contL)
Note: If the project is awarded to 2 (two) or more contractors, the city will average contract based
on average unit costs.
BUSINESS I.D. NO.
Are there any other additional or incidental costs that will be required by your firm in order to
meet the requirements of the Technical Specifications? Yes I 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 I 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
thirty (30) days.
%
days; unless otherwise stated, payment terms are: Net
In signing this bid, Bidder warrants that all certifications and documents requested herein are
attached and properly completed and signed.
RFQ F-09-05
PRICE FORM (conti.)
From time to time, the City may issue one or more addenda to this RFO. Below, please indicate
all Addenda to this RFO received by your firm, and the date said Addenda was/were received.
Verification of Addenda Received
Received on:
Received on:
Received on:
Addenda No:
Addenda No:
Addenda No:
AUTHORIZED SIGNATURE:
PRINT SIGNER'S NAME AND TITLE:
DATE SIGNED:
COMPANY NAME & ADDRESS:
PHONE:
FAX:
EMAIL:
IF SUBMITTING A "NO BID", PLEASE STATE REASON(S) BELOW:
RFQ F-Q9-05
SUBCONTRACTOR'S LIST
As required by California State Law, the General Contractor bidding will hereinafter state the
subcontractor who will be the subcontractor on the job for each particular trade or subdivision of the
work in an amount in excess of one-half of one percent of the General Contractor's total bid and will
state the firm name and principal location of the mill, shop, or office of each. If a General Contractor
fails to specify a subcontractor, or if he specifies more than one subcontractor for the same portion of
work to be performed under the contract in excess of one-half of one percent, he agrees that he is
fully qualified to perform that portion himself and that he shall perform that portion himself.
DIVISION OF NAME OF FIRM OR LOCATION
WORK OR CONTRACTOR CITY
TRADE
Signature of Bidder
REJECTION OF BIDS
The undersigned agrees that the City of San Bernardino reserves the right to reject any or all
bids, and reserves the right to waive informalities in a bid or bids not affected by
law, if to do seems to best serve the public interest.
RFQ F-09-05
NON - COLLUSION AFFIDAVIT
TO: THE COMMON COUNCIL, CITY OF SAN BERNARDINO
In accordance with Title 23, United States Code, Section 112, the undersigned hereby states,
under penalty of perjury:
That he/she has not, either directly or indirectly, entered into any agreement, participated in any
collusion, or otherwise taken action in restraint of free competitive bidding in connection with
RFQ F-09-05.
Business Name
Business Address
Signature of bidder X
Place of Residence
Subscribed and swom before me this
day of
,20_,
Notary Public in and for the County of
, State of California.
My commission expires
,20_,
RFQ F-09-05
SECTION IV.
GENERAL SPECIFICATIONS
RFQ F-09-05
GENERAL SPECIFICATIONS
1. Each bid shall be in accordance with Request for Quotes (RFQ) Number F-G9-GS. All specifications are
minimum. Bidders are expected to meet or exceed these specifications as written. Bidder shall attach to their
bid a complete detailed itemization and explanation for each and every deviation or variation from the RFQ
specifications and requirements. Conditional bids. or those that take exception to the RFQ specifications and
requirements, may be considered non-responsive and may be rejected.
2. The City reserves the right to accept or reject any and all bids and to award a contract to the bidder whom best
meets the City's requirements. This may include waiver of minor irregularities or discrepancies, or
nonconformity to specifications in appropriate circumstances. Purchase shall be on a best buy basis after due
consideration of all relevant factors, including but not limited to, workmanship, accessibility of parts and service,
known evidence of manufacturer's responsibility and record, durability and known operational record of product
and suitability as well as conformity to City needs and requirements. In all cases the best interest of the City shall
prevail in all contract awards.
3. The City of San 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.
S. 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 JlQ! acceptable.
7. Each bidder shall submit with their bid a copy of the proposed product specifications, complete detailed
drawings, and other descriptive matter in sufficient detail to clearly describe the equipment, materials and parts
offered.
8. Manufacturer and/or Contractor shall defend any and all suits and assume all liability for any and all claims made
against the City of San Bemardino, or any of its officials or agents for the use of any patented process, device or
article forming a part of equipment or any item fumished under the contract.
9. Each bidder must state in their bid the guaranteed delivery date of product and/or services in number of
calendar days from the date of contract execution by the City of San Bernardino, time is of the essence relative
to this contract. Contractor shall prosecute the work continuously and diligently and shall deliver the items at the
earliest possible date following the award of the contract.
10. Each bidder shall list in their bid all factory, manufacturer's and/or dealer's warranty and/or guarantee coverage
and shall submit such written documents evidencing the same attached to the bid.
n. Successful bldder(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 shalilnclude Califomia sales tax, where applicable, computed at the rate of 7.75%, and an
additional City of San Bernardino Transaction and Use Tax computed at the rate of 0.2S% where
applicable (this will normally be shown as a separate line item on the price form).
13. City shall make payment within thirty (30) days after the complete delivery and acceptance of the speCified items
by the City of San Bernardino and receipt of the Contractor's priced invoice.
14. All 'standard equipment' is Included in any bid. Bidders furnishing bids under these specifications shall supply all
items advertised as 'standard' equipment even if such items are not stipulated in the specifications, unless
otherwise clearly excepted in the bid.
15. The Items which the bidder proposes to furnish the City must comply in all respects with the appropriate safety
regulations of all regulatory commissions of the Federal Government and the State of California, whether such
safety features and/or items have been specifically outlined in these specifications or not.
16. Contractor delivering equipment pursuant to this RFQ specifications shall guarantee that equipment meets
speCifications as set forth herein. If It Is found that equipment delivered does not meet requirements of these
specifications the Contractor shall be required to correct the same at their own expense.
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.
RFQ F-09-05
18. In case the delivery of the items under this contract is delayed due to strikes, injunctions, govemment controls,
or by reason of any cause or circumstance beyond the control of the Contractor, the time for delivery may be
extended (in the City's sole discretion) by a number of days to be determined in each instance by mutual written
agreement between the Contractor and the Purchasing Manager of the City of San Bemardino. The City shall
not unreasonably refuse such extension.
19. Contract Each bid shall be submitted and received with the understanding that acceptance by the City of San
Bemardino of bid in response to this solicitation shall constitute a contract between the Contractor and the City.
This shall bind the Contractor to fumish and deliver at the prices bid and in complete accordance with all
provisions of RFQ No. F-09-05. 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 agnee that to their knowiedge 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 otTitle I of
the Government Code of the State of Califomia.
21. One Document. These specifications, the notice inviting bids, RFQ F-09-05, the Contractor's bid, any written
agreement executed by the parties, the purchase order and all documents referred to in the complete
specifications and purchase order, and all written modifications of said documents shall be construed together
as one document. Anything called for in anyone of said documents shall be deemed to be required equally as if
called for in all. Anything necessary to complete the work property shall be performed by the Contractor,
whether specifically set out in the contract or not All sections of the specifications shall be read as constituting a
whole and not as an aggregation of individual parts, and whatever Is specified in one section shall be construed
as applying to all sections.
22. The City of San Bemardino reserves the right to accept or reject any and all bids.
23. Prompt payment Each bidder may stipulate in their bid a percentage prompt payment discount to be taken by
the 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 tias.
24_ Inquiries. Direct all inquiries to Deborah Morrow, at 909-384-5086. Technical questions may be sent via fax to
909-384-5043. The answers to material questions will be provided to all potential bidders.
25. Bid/Price forms. No bid will be acceptable unless prices are submitted on the pricing forms fumished herein,
and all required forms are completed and included with bid. Deliver all bids, signed and sealed, to the
Purchasing Division, Finance Department at 300 North '0' Street, 4'" Floor, City Hall, San Bemardino, Califomia
92418. CLEARLY MARK THE RFQ SPECIFICATION TITLE "BOARD UP SERVICES" AND NUMBER F-09-
05 ON THE OUTSIDE OF THE ENVELOPE.
26. Time. All bids must be received in the Purchasing Division no later than 3:00 PM, PST, January 7, 2009 where
at such time and said place bids will be publicly opened, examined and declared. Any bid may be withdrawn by
bidder prior to the above scheduled time for the opening of bids. Any bid received after that time and date
specified shall NOT be considered.
27. The City of San Bemardino 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 fumishing 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), 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
RFQ F-09-05
negligence. The costs, salary and expenses of the City Attorney and members of his office in enforcing this
Agreement on behalf of the City shall be considered as "attomey's fees" for the purposes of this paragraph.
31. While not restricting or limiting the foregoing, during the term of this Agreement, Contractor shall maintain in
effect policies of comprehensive public, general, and automobile liability insurance, in the amount of $1,000,000
combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with
the City's Risk Manager prior to undertaking any work under this Agreement. The policies shall name the City as
an additional insured and shall provide for ten- (10) day notification to the City if said policies are terminated or
materially altered.
32. Written contract documents, duly authorized and signed by the appropriate authority, constitute the complete
and entire agreement(s) that may result from the RFQ.
33. City may, at its discretion, exercise option year renewals for up to three (3) years, in one-year increments.
35. By submitting a bid, bidder warrants that any and all licenses and/or certifications required by law, statute, code
or ordinance in performing under the scope and specifications of this RFQ are currently held by bidder, and are
valid and in full force and effect. Copies or legitimate proof of such licensure and/or certification shall be
included in bidder's response. Bids lacking cODles andlor Droof of said licenses andlor certifications may
be deemed non-resDonslve and may be relected.
36. Vendor (Contractor)/Consultant Service Agreements (VSAJCSA). A signed Vendor/Consultant Service
Agreement may be required between both parties prior to commencement of the job.
37. Once the award has been made and prior to the commencement of the Job, the City's Municipal Code
M.C. 5.04.005) requIres that a Business doing busIness with the City, obtain and Maintenance a valid
CIty BusIness Raglstratlon Certificate during the terms of the Agreement
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