The following documents must be submitted as part of Proposal Response:

Transcription

1 San Joaquin Delta College Maria G. Bernardino, Director of Purchasing 5151 Pacific Avenue Stockton, CA Fax June 14, 2007 RFQ #: LA-RFQ-10 REQUEST FOR QUALIFICATIONS & PROPOSALS (RFQ/P) FOR DSA APPROVED INSPECTOR OF RECORD (IOR) OR PROJECT INSPECTOR (PI) FOR FUTURE CONSTRUCTION PROJECTS FOR SAN JOAQUIN DELTA COMMUNITY COLLEGE DISTRICT San Joaquin Delta Community College District (SJDCCD) is in the construction implementation phase of the $250M Measure L Bond Program. Several projects are slated for construction in 2007 and 2008 and may include the following: Softball field Football field Atherton safety improvements Planetarium safety improvements\ Security Cameras Infrastructure projects Gateway Student Center Goleman library improvements New Cunningham Math and Science building District Services Center San Joaquin Delta College desires to pre-qualify several firms who are approved by the Division of State Architect (DSA) to perform inspections requiring Class 1 and Class II inspections. Once the firms are qualified, the District intends to draw from that list and solicit services from the firms in accordance with the project types, size, availability of firms inspectors, and other considerations. Term of the qualification period shall be for three years. The pre-qualification process and final list do not guaranty procurement. The District will process a separate contract for each individual project, to perform the PI Services as needed. Scope of Work Drawings for the projects named above are in different levels of completion. Drawings and related documents may be viewed at the District s Bond Office, 5405 North Pershing Avenue, Building A, Stockton, CA BY APPOINTMENT ONLY. Please call the Bond Office at to schedule an appointment. Scope of typical required inspection services by IOR (IP) firm IOR or PI shall provide complete inspections in compliance with DSA requirements. In addition, IOR or PI shall coordinate its work and communicate with the Architect, General Contractor and District s Project Manager, and shall attend all construction meetings. General scope of work and requirements are contained in the Sample Agreement attached to this RFQ/P (see section 3 for scope). Proposal Requirements Each interested firm is requested to complete the FEE FORM, which is labeled Attachment A. Hourly Rates shall include all costs, including insurance, travel, all overhead and profit. Site office space, when warranted, cost of equipment, utilities and incidentals, shall be subject to negotiations as related to each project. Initial selection shall be based primarily on qualifications, track record and rate structure. Subsequent selection for specific jobs shall be based primarily on the best matched firm and projected Not-to-Exceed cost for each project. San Joaquin Delta College reserves the right to reject or award all or any portion(s) of the Proposal. It further reserves the right to waive any informalities or irregularities in the proposals. RFP #LA-RFP-10 Prequalifications 1 of DSA PI Services for Future Projects

2 The following documents must be submitted as part of Proposal Response: 1. The Firm s Proposal with the completed FEE FORM. 2. The Firm s Resume/Qualification statement 3. A separate list of similar projects completed in the past three years (list minimum of five). 4. A list of minimum five references. Include contact name, phone number and address, if available. 5. Copy of Certificate of Worker s Comp and Liability Insurance for $1,000,000. (Upon award, the certificate must specify San Joaquin Delta College, its officers, Program Manager, and employees as the Additional Insured s. See section 17 of the Sample Agreement for details. The Contract and/or Purchase Order will not be approved until this requirement is met.) Proposals should be submitted in one (1) original and two (2) identical copies. They should be directed to Maria Bernardino, Director of Purchasing at San Joaquin Delta College, 5151 Pacific Avenue, Stockton, CA 95207, before the end of business day (5:00 p.m.) Friday, June 29, Questions may be directed to Maria Bernardino via fax at or at mbernardino@deltacollege.edu, The following documents are part of this RFQ/P: Sample Agreement for Project Inspection (PI) Services Attachment A - FEE FORM Revised:

3 ATTACHMENT A FEE FORM IOR/PI Services RATES Regular Overtime Class I Class II Class I Class II Hourly Rate* Minimum hours charged per Trip: Hrs. * Hourly rates include all costs, travel, overhead, insurance and profit. Rates shall remain in effect for one year and are subject to negotiations thereon. Note: Cost of on-site space, equipment, utilities, and incidentals shall be negotiated separately per each project. Revised:

4 AGREEMENT FOR PROJECT INSPECTION (PI) SERVICES This agreement, entered into this *** day of ***, ***, by and between *** (hereinafter referred to as "Inspector") and the San Joaquin Delta Community College District, a community college district organized under the laws of the State of California (hereinafter referred to as "District"). WHEREAS, the District is undertaking the construction or alteration of a school; and WHEREAS, the District is in need of a special expert to conduct inspection of the school construction or alteration as required pursuant to Education Code and and Title 24 of the California Code of Regulations; and WHEREAS, the District does not now have on its staff of classified employees any person qualified as such a special inspector; and WHEREAS, Government Code authorizes the District to contract with persons specially trained and experienced and competent to perform special services and advice in such area; and WHEREAS, Inspector is specially trained and licensed and possesses the requisite skills, experience, education and competency to perform such special inspection services for the District. The Project Inspector (PI) shall be considered a special expert in the inspection of school construction or alteration as described in Education Code and and Title 24 of the California Code of Regulations: NOW THEREFORE, the parties do mutually agree as follows: 1. Employment of Inspector. The District hereby engages Inspector, and Inspector agrees to perform the professional inspection services as hereinafter set forth. 2. Administrator of Agreement. The Director of Facilities Planning & Management shall represent District for purposes of administration of this agreement. 3. Scope of Services. Inspector shall provide to District inspection services in accordance with Title 24 of the California Code of Regulations in connection with construction or alteration of. Inspector shall act in support of the District s Facilities Manager or the designated Project Manager, and under the direction of the Architect for the project and shall be responsible to District's Governing Board. Inspector shall discharge said duties in a manner satisfactory to the District, the Architect and the Division of State Architect (DSA). The duties of Inspector shall include, but not be limited to, the following: a. Continuous Inspection Requirement. The Inspector must have actual personal knowledge, obtained by his personal and continuous observation of the construction or alteration in all stages of its progress, that the requirements of the plans and specifications are being exactly and completely executed. When work is carried out away from the site, the Inspector shall have that personal knowledge which is obtained from the reporting of others on the testing or inspection of materials and workmanship for compliance with the plans, specifications or applicable standards. The exercise of reasonable diligence to obtain the facts is required. Special Inspections The Inspector shall coordinate with the PM and Special Inspection team to ensure all required special inspections are performed and documented. In the event the Inspector is properly certified by the Division of State Architect to perform a particular special inspection he shall so inform the PM who will decide if the Inspector or the special inspection team should perform the specific special inspection b. Relations with Architect. The Inspector shall work under the general direction of the Architect. Any inconsistencies or seeming errors in the plans and specifications shall be reported promptly to the Architect for its interpretation and instructions. In no case, however, shall the instruction of the Architect be construed to cause work to be done which is not in conformity with the approved plans, specifications or written change orders. Revised:

5 c. Job File. The Inspector shall keep a file of approved plans and specifications (including all approved addenda or change orders) on the job at all times, and shall immediately return any unapproved documents to the Architect for proper action. The Inspector, as a condition of its employment, shall have and maintain on the job at all times, all codes and documents referred to in the plans and specifications. d. Inspector's Semi-Monthly Reports. The Inspector shall keep the Architect thoroughly informed as to the progress of the work by making semi-monthly reports in writing as required by Title 24 of the California Code of Regulations. Two copies shall be forwarded directly to the Office of the State Architect. e. Daily Log. The Inspector shall keep a daily log of activity on the construction project including, but not limited to, the weather, the number and type of tradesmen and laborers present, construction equipment present, specific work performed that day, pertinent problems and questions, and official visitors. Upon completion of the project and acceptance by the District, the Inspector's daily log shall be submitted to the District for its permanent records. When Time and Material work is required of the contractor, the PI shall monitor and document the work and hours spent by the contractor. f. Responsibilities of the Division of the State Architect (DSA) The Inspector shall work with the PM to insure that the on site project files at a minimum meet the standards for a job file as defined in the State Building Standards Administrative Code and also contain copies of all special inspections performed on the project. Further, the Inspector is required to maintain on site copies of all codes and standards referenced in the specification and is responsible to provide all State mandated reports, and notifications. He is to perform his duties in a manner which will result in his obtaining the personal knowledge of the work of construction either on or off site as required by the State Architect. Notification to the Division of State Architect. The Inspector shall notify the Division of State Architect: (1) when work is started on the project; (2) at least 48 hours in advance of the time foundation trenches will be complete, ready for footing forms; (3) at least 48 hours in advance of the first pour of concrete; and (4) when work is suspended for a period of more than two weeks. g. Construction Procedure Records. The Inspector shall keep a record of certain phases of construction procedure including, but not limited to, the following: (1) Concrete pouring operations. The record shall show the time and date of placing concrete and the time and date of removal of forms in each portion of the structure. (2) Welding operations. The record shall include identification marks of welders, lists of defective welds, manner of correction of defects, etc. (3) Pile driving operations. Penetration under the last 10 blows for each pile when piles are driven for foundations. All such records of construction procedure shall be kept on the job until the completion of the work. Upon completion of the project and acceptance by the District, these records shall be submitted to the District for its permanent records. h. Deviations. The Inspector shall notify the contractor, in writing, of any deviations from the approved plans and specifications which are not immediately corrected by the contractor when brought to its attention. Copies of such notice shall be forwarded immediately to the Architect and to the Division of State Architect. The failure of the Inspector to notify the contractor of deviations from the approved plans and specifications shall in no way relieve the contractor of any responsibility to complete work covered by its contract in accordance with the approved plans and specifications and all laws and regulations. i. Verified Progress Reports. The Inspector shall make and submit to the Division of State Architect verified progress reports as required by Title 24 of the California Code of Regulations. The Inspector shall prepare and deliver to the Division of State Architect detailed statements of fact regarding materials, operations, etc., when requested. Revised:

6 j. Notices to District. The Inspector shall submit copies of all reports, notifications, deviations and change orders to the District's project manager of this agreement. k. As Builting The Inspector shall assist the PM in reviewing the Contractor s as built drawings for correctness and completeness. This assistance shall include but not be limited to marking the Construction Manager s field set of construction documents during construction to clearly indicate as built conditions, and minor deviations from the plans; posting Requests for Information on the PM field set of construction documents, and by clearly referencing all field activities reported in the daily inspection report to its associated schedule activity. As part of project closeout this information will be used by the inspector as a basis of his review of the Contractor s submitted as builts. l. Contractor s Progress Payment Requests It is requested by the PM, the Inspector shall assist with the review of the contractor s monthly progress payment requests. Review shall focus on the contractor s work progress, the status of resolution of items of non-compliance and shall include assisting the CM with the estimation of appropriate withholding amounts due to non-complient work by the contractor. m. Punchlist and Final Inspection When requested by the PM the Inspector shall prepare a preliminary punchlist of outstanding contract deficiency items and then monitor the Contractor s progress in resolving each item. Once the preliminary punchlist items have been satisfactorily addressed, the PM shall schedule a Final Inspection work through which shall be attended by the Owner, Architect, PM and Inspector. Based on the final walk through the Inspector shall prepare a final punchlist for action by the contractor. n. Disputes and Claims If requested the Inspector shall make himself available to the Owner in the event of contractor claims or disputes to provide factual information as to events on the project. o. Project Work Day / Hours: The General Contractor s work may have to be conducted during the evening to early morning hours of the day. The Contractor may be required to flex and schedule work over weekends and Holidays. When requested, the Inspector shall make himself available to the Contractor and Owner for being on site to fulfill the needed coverage as work progresses. p. All of the terms and provisions of Attachment A, Job-specific requirements, which is incorporated herein by reference. 4. Term of Agreement. The term of this agreement is for. The District may extend this agreement for additional years. The District may terminate this agreement when one of the following occurs: (a) the Notice of Completion is filed; (b) the project is terminated or suspended by District prior to completion; or (c) the District terminates this agreement pursuant to paragraph 11 below. 5. Inspector's Fee. District shall pay to Inspector for the performance of all services rendered pursuant to this agreement a Not-to-Exceed total contract price of $***, commencing upon ***. This sum includes all expenses connected with the services performed. It is Inspector's responsibility to pay for lodging, travel, and miscellaneous expenses in conjunction with the services performed. Revised:

7 6. Method of Payment. Payments shall be made only upon a invoice properly submitted by Inspector accompanied by a statement certifying the extent of performance under this agreement. Inspector's statement must have the Inspector's employer identification number. Failure to provide full information will cause delay in payment. Each payment request shall itemize hours worked each day and shall include the Daily Logs for the pay period. Each invoice shall be approved by the administrator of this agreement as designated in paragraph 2 prior to payment. Each claim if so approved and paid shall constitute full and complete compensation to Inspector for the period covered by the claim. It is expressly understood and agreed that in no event shall Inspector be entitled to any compensation, benefits, reimbursements or ancillary services other than as herein expressly provided. 7. Inspector's Employees and Equipment. Inspector agrees that it has secured or will secure at its own expense all persons, employees and equipment required to perform under this agreement. Inspector shall be responsible for all salaries, payments and benefits for all of its officers, agents, and employees in performing services pursuant to this agreement. At no time shall Inspector employ any employee of the District during the course of this contract. 8. Payment of Prevailing Wages on Public Works Project. All workers employed are to be paid prevailing wages pursuant to the provisions of article 2 (commencing at section 1770), chapter 1, part 7, division 2 of the Labor Code of California. Contractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each worker, or other employee employed by him/her in connection with the public work. 9. Audit and Inspection of Records. At any time during normal business hours and as often as District may deem necessary, Inspector shall make available to District for examination at reasonable locations within the County of San Joaquin all of Inspector's data and records with respect to all matters covered by this agreement, and Inspector will permit the District to audit, examine and make excerpts or transcripts from such data and records, and to make audits of all invoices, material, payrolls, records of personnel and other data related to all matters covered by this agreement. 10. Inspector's Qualifications. Inspector shall at all times maintain for itself and its employees proper licensing and qualifications to perform the duties of inspection required to enable it to discharge the duties set forth herein. 11. Termination. The District may terminate this agreement at any time and for any reason in its sole discretion, by giving written notice to Inspector 10 calendar days in advance of the date of termination. In the event of such termination, Inspector shall be paid for services performed hereunder up to and including the date of termination on its submittal of an invoice as required by paragraph 6 above. In the event of such termination, all finished or unfinished documents and materials which Inspector has produced hereunder shall become the sole and exclusive property of the District. Inspector hereby expressly waives any and all claims for damages or compensation arising under the agreement, except as set forth in this paragraph. 12. Changes. The District may from time to time require changes in the scope of the services of Inspector to be performed hereunder. Such changes, including any increase or decrease in the amount of Inspector's compensation, shall be effective only when incorporated by written amendments to this agreement signed by both parties. 13. Equal Opportunity. Inspector will not discriminate against any employee, or against any applicant for such employment because of age, race, color, religion, physical or mental disability, ancestry, sex, sexual orientation, or national origin or any other characteristic protected by law. 14. Assignment. Inspector shall not assign or transfer any interest in this agreement without the prior written consent of the District thereto. 15. Conflict of Interest. Inspector represents and warrants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of work and services required under this Agreement. Without limitations, Inspector represents to and agrees with District that Inspector has no present, and will have no future conflict of interest between providing District services hereunder and any interest Revised:

8 Inspector may presently have, or will have in the future, with respect to any other person or entity (including but not limited to any federal or state wildlife, environment or regulatory agency) which has any interest adverse or potentially adverse to District, as determined in the reasonable judgment of District. No public official at any level of state or local government shall make, participate in making or in any way attempt to use his official position to influence a governmental decision in which he knows or has reason to know he has a financial interest. 16. Ownership and Confidentiality of Material. Any reports, information, data, statistics, forms, procedures, systems, studies or other communication or form of knowledge given to or prepared or assembled by Inspector under this agreement shall be the sole and exclusive property of the District, shall not be subject to private use, copyright or patent other than by the District, shall be kept confidential and not made available by Inspector to persons not authorized by this agreement without District's prior approval. 17. Indemnification: Inspector agrees to protect, save, defend and hold harmless District, its Governing Board and each member thereof, its officers, Program Manager, agents and employees from any and all claims, liabilities, expenses or damages of any nature, including attorneys fees, for injury or death of any person, or damage to property, or interference with use of property, arising out of or in any way connected with the negligent acts, errors or omissions or willful misconduct by Inspector, Inspector s agents, officers, employees, subinspectors, or independent Inspectors hired by Inspector under this Contract. The only exception to Inspector s responsibility to protect, save, defend and hold harmless District is where a claim, liability, expense or damage occurs due to the sole negligence or willful misconduct of District. This hold harmless contract shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Inspector. 18. Insurance. a. Time of Compliance: Inspector shall not commence work under this Agreement until it has provided evidence satisfactory to the District that it has secured all insurance required under this section. In addition, Inspector shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the District that the subconsultant has secured all insurance required under this section. b. Minimum Requirements. Inspector shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Inspector, its agents, representatives, employees, or subconsultants. Inspector shall also require all of its subconsultants to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage: (1) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. (2) Minimum Limits of Insurance. Inspector shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers' Compensation and Employer's Liability: Workers' Compensation limits as required by the Labor Code of the State of California. Employer's Liability limits of $1,000,000 per accident for bodily injury or disease. Revised:

9 c. Insurance Endorsements. The insurance policies shall contain the following provisions, or Inspector shall provide endorsements on forms supplied or approved by the District to add the following provisions to the insurance policies: (1) General Liability. The general liability policy shall be endorsed to state that: (1) the District, its directors, officials, officers, employees, agents, Program Manager, and volunteers shall be covered as additional insured with respect to the Work or operations performed by or on behalf of the Inspector, including materials, parts or equipment furnished in connection with such work; and (2) the insurance coverage shall be primary insurance as respects the District, its directors, officials, officers, employees, agents, Program Manager and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Inspector's scheduled underlying coverage. Any insurance or self-insurance maintained by the District, its directors, officials, officers, employees, agents, Program Manager and volunteers shall be excess of the Inspector's insurance and shall not be called upon to contribute with it in any way. (2) Automobile Liability. The automobile liability policy shall be endorsed to state that: (1) the District, its directors, officials, officers, employees, agents, Program Manager and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Inspector or for which the Inspector is responsible; and (2) the insurance coverage shall be primary insurance as respects the District, its directors, officials, officers, employees, agents, Program Manager and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Inspector's scheduled underlying coverage. Any insurance or self-insurance maintained by the District, its directors, officials, officers, employees, agents, Program Manager and volunteers shall be excess of the Inspector's insurance and shall not be called upon to contribute with it in any way. (3) Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the District, its directors, officials, officers, employees, agents, Program Manager and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Inspector. (4) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the District; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the District, its directors, officials, officers, employees, agents, Program Manager and volunteers. d. Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the District, its directors, officials, officers, employees, agents, Program Manager and volunteers. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the District. f. Verification of Coverage. Inspector shall furnish District with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the District. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the District if requested. All certificates and endorsements must be received and approved by the District before work commences. The District reserves the right to require complete, certified copies of all required insurance policies, at any time. 19. Execution; Venue; Limitations. This agreement shall be deemed to have been executed in the City of Stockton, San Joaquin County, California. Enforcement of this Agreement shall be governed by the laws of the State of California, excluding its conflict of laws rules. The exclusive venue for all litigation arising from or relating to this Agreement Revised:

10 shall be in San Joaquin County, California. Except as expressly provided in this Agreement, nothing in this Agreement shall operate to confer rights or benefits on persons or entities not party to this Agreement. As between the parties to this Agreement any applicable status of limitations for any act or failure to act shall commence to run on the date of District s issuance of the final Certificate for Payment, or termination of this Agreement, whichever is earlier, except for latent defects, for which the statute of limitation shall begin running upon discovery of the defect and its cause. 20. Notices. Any notice or notices required or permitted to be given pursuant to this agreement may be personally served or mailed by certified mail, postage prepaid, return receipt requested to the following addresses: Inspector: District: Maria L. Baker Director of Facilities Planning & Management San Joaquin Delta Community College District 5151 Pacific Avenue Stockton, CA Independent Contractor. It is agreed that the District is interested only in the results obtained hereunder and that Inspector shall perform as an independent contractor with sole control of the manner and means of performing the services required under this agreement and not as an employee of the District. 22. Instructions to Proceed. Inspector is not to proceed with performance of any services under this agreement without first securing written authorization from the District to do so. IN WITNESS WHEREOF, the District and Inspector have executed this agreement effective as of the date written first above. SAN JOAQUIN DELTA COMMUNITY COLLEGE DISTRICT By: [Signature] [Typed Name] By: Raul Rodriguez Superintendent/President Date: [Title] Date: Revised: