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service to caregivers which will improve social ties or perceived social support.
From phone calls by frontline staff, recent past surveys, and interactions with seniors in our community in a multi-faceted service industry (municipal parks and recreation), many seniors have been found to live alone and have little to no contact with the others in the community, and the healthcare practices of social distancing and isolationism as a result of the coronavirus provide a "Catch 22" situation. Most of the clients have shared they would not be able to age in place without the help of a Senior Companion, although the virus poses a severe threat to both the senior-age companion volunteer and the senior-age client, who are most vulnerable to the virus. Peace of mind is hard-pressed in both regards, yet the feelings of loneliness brought on by isolation can be devastating, especially to the senior-age population and the disabled who have little or no family to care for them.
* ARTICULATES A THEORY OF CHANGE, MEANING HOW THE SERVICES OF THE
VOLUNTEERS WILL ADDRESS THE COMMUNITY NEEDS AND HOW THE SERVICE ACTIVITY
DESCRIBED PROVIDES A SIGNIFICANT CONTRIBUTION TO THE OUTCOMES OF THE WORK PLAN THAT LEAD TO NATIONAL PERFORMANCE MEASURES OUTCOMES.
SCP volunteers in the primary focus area of Healthy Futures/Companionship or Respite for Caregivers will provide service activities to include: companionship; transportation and assistance to medical appointments, pharmacies to obtain needed medications, grocery stores, and/or food banks; and other services such as pay utilities and legal assistance to help them live more independently.
Some SCP volunteers will also provide direct respite services to caregivers that will provide temporary relief from the stresses of caregiving by providing short term assistance for an adult who is the primary caregiver for another person. SCP volunteers help with the daily living activities that allow clients to stay living independently longer, especially those with little or no site and have difficulty with identifying the right medications to take, cooking meals, home cleaning tasks, or responding to e- mails or letter writing. Many seniors in our service area are homebound for these reasons with no close family or neighborly contacts that only have the daily wellness checks conducted by the volunteer Companion as their sole contact with the outside world. These social checks give hope and fight the negative effects of depression upon both the physical and mental health of the client, not to mention the benefits that this altruistic behavior extends to the volunteer. Activity logs or timesheets will indicate the hourly and financial contributions to the national performance measures. Outputs
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and outcomes will also be determined by the use of annual client and caregiver surveys that should reflect the benefits of the program, as well as monthly testimonials to be reported.
* LOGICALLY CONNECTS ALL ELEMENTS TOGETHER, AS DESCRIBED IN THE NOTICE.
o THE COMMUNITY NEED(S) IDENTIFIED;
The community served includes mostly low-income homebound older adults and individuals with disabilities in need of companionship, transportation, assistance to obtain food and essential needs as well as medical services. The Adult Day Care Facility/Program is in need of volunteers to provide companionship to restore or maintain optimal capacity for self-care to older adults and individuals with disabilities. Caregivers are in need of respite services to allow them short term, temporary relief from the stresses of caregiving and of an increase in social support of the client.
o THE SERVICE ACTIVITIES THAT WILL BE CARRIED OUT BY AMERICORPS SENIORS VOLUNTEERS;
AmeriCorps Seniors Volunteer service activities will include: companionship; respite services; transportation and assistance to medical appointments, pharmacies to obtain needed medications, grocery stores and/or food banks, and other services such as utilities pay, finding legal assistance, reading mail, e-mail replies, and letter dictation to help them live more independently.
o THE INSTRUMENT DESCRIPTION AND DATA COLLECTION PLANS; SCP staff and Advisory Council members will routinely conduct annual client and caregiver surveys that measure desired national outcomes. Surveys will be collected and measured based on the measurement tool instructions. Surveys will be kept on file in the SCP office. Survey outputs and outcomes will be reported in the annual progress report in the E-grants system. Monthly testimonials will also be routinely provided.
o WORK PLANS THAT INCLUDE TARGET NUMBERS THAT LEAD TO OUTCOMES OR
OUTPUTS, AND ARE APPROPRIATE FOR TOTAL NUMBER OF VOLUNTEERS ASSIGNED TO THE WORK PLAN;
10 unduplicated volunteers, at one site, will provide respite services/companionship service to 30 caregivers with 20 individuals of older adults and individuals with disabilities reporting having
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increased perceived social support. 40 unduplicated volunteers, at three sites, will provide Companionship, Nutrition/Food Support, Transportation, and Medical Services to 150 individuals with 130 individuals served reporting having increased social ties or perceived social support. Target numbers are based on 3-4 outputs per volunteer and outcomes are based on prior years of clients not being about to be reached to survey.
* WORK PLAN OUTPUTS AND OUTCOMES ALIGN WITH NATIONAL PERFORMANCE MEASURES REQUIREMENTS.
SCP volunteers in the primary focus area of Healthy Futures/Companionship or Respite for Caregivers will provide service activities to include: transportation and assistance to medical appointments, pharmacies to obtain needed medications, grocery stores and/or food banks, and other services such as utilities pay, finding legal assistance, reading mail, e-mail replies, and letter dictation to help them live more independently. SCP volunteers will provide direct respite services to caregivers.
Activity logs or timesheets will indicate the hourly and financial contributions to the national performance measures. Outputs and outcomes will also be determined by the use of annual client and caregiver satisfaction surveys in addition to direct VSY data.
* WORK PLAN OUTPUTS AND OUTCOMES ARE ACHIEVABLE, BASED ON RESOURCES, PROGRAM DESIGN, AND VOLUNTEERS ENGAGED.
The City of San Bernardino SCP project has been under the sponsorship of Parks, Recreation and Community Services Department for 46 years. The Department has organized personnel to ensure the success of the Program. The Director of Parks, Recreation and Community Services Department, Jim Tickemyer, provides support and positive leadership for the SCP program to the City Manager, City Council and Mayor, and the San Bernardino community at large. Direct support, leadership, and supervision are provided to the program by Mitch Assumma, Community Recreation Manager. The City of San Bernardino also has two full time employees that work solely with the SCP program to assure work plans are achieved and in support of the program. The City of San Bernardino SCP has worked, and continues to work, with the San Bernardino County Department of Aging and Adult Services, Alzheimer¿s Association, Lighthouse for the Blind, Meals-on-Wheels, Family Service Agency, other various Community organizations, and other Senior Centers. The Program has a good history of meeting its VSY benchmarks, with a FY2021-2022 Volunteer Recruitment Plan in place. Even with the challenges faced by an entire country due to the coronavirus pandemic, SCP Companion
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Recruitment and Development
volunteers, while in a vulnerable population for the virus that has been impacted in a deadly manner, are ready, willing, and able to help their communities recover from the pandemic. The City has already taken precautionary measures in identifying alternative service activities as well as providing personal protective equipment and materials to both the volunteer and the clients, along with incorporating safe and healthy protocols as recommended by the CDC for controlling and mitigating the negative health effects of the virus.
* YOUR PLAN AND INFRASTRUCTURE TO ENSURE AMERICORPS SENIOR VOLUNTEERS
RECEIVE TRAINING NEEDED TO SUCCEED IN THE SERVICE ACTIVITIES DESCRIBED IN THE WORKPLAN.
SCP staff working with our Advisory Council and station supervisors will use prior assignment plans and needs of community as well as needs of volunteers to assist us in developing the topics for our monthly In-Service training, and include those topics in our 20 hour pre-service orientation. New volunteers are required to go through 20-hour pre-service orientation training with the program coordinator. Training includes, but is not limited to, SCP handbook review, policies, and procedures, Modules from CNCS website, training from Alzheimer's Association website, "What would you do?" videos from CNCS, and available client resources in the community such as food distribution, local senior center services, mental health care, legal assistance, funeral/trust/will planning retirement, insurance fraud, personal safety, and other information of interest to senior-age individuals. As our focus area is Healthy Futures, our in-service training will include, but not be limited to: how to avoid slips and falls, making good decisions about driving, Alzheimer's/Dementia, how to maintain a healthy brain, how to prevent mail fraud and other financial scams that target seniors, safe use of medications, healthy eating and nutritional information, and exercises for elderly and disabled adults, to name a few. We will include training on area specific disaster planning such as earthquakes and, of course, the latest information on disease control, especially regarding the COVID-19 virus. SCP staff will network with other community organizations to secure speakers to give presentations and informational handouts in a virtual format, at least until such time as training can be effectively done so in a socially distanced manner. Access to a computer or smartphone and how to use each will be a priority to the extent possible, as the older generation needs greater assistance and patience in learning new technology. Sign-in sheets will be used to monitor volunteer involvement.
* THE DEMOGRAPHICS OF THE COMMUNITY SERVED AND PLANS TO RECRUIT A
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VOLUNTEER POOL REFLECTIVE OF THE COMMUNITY SERVED.
o o The SCP staff will recruit at many community outreach events (as the COVID-19 restrictions will allow), health fairs, and other venues/networks with local agencies for new volunteers. We will advertise in the City website page, on several local electronic marquees, local hard-print media sources as well as several social media sources. We will attend routine community meetings focused on senior-age services provided by the County of San Bernardino. Another plan to recruit volunteers will be to collaborate with Healthcare plan Representative to attend community focused meetings and connect with community organization representatives. We will also advertise at local low-income senior housing communities and Senior Centers primarily through postings and phone calls. We will send our recruitment flyers and brochures bi-annually to an extensive mail list of local churches, golf clubs, businesses providing senior services (auto repair shops, hair styling and beauty shops, laundry facilities, travel and tour agencies), community service groups who tend to have older board members, and other senior living facilities. A connection with the community outreach departments of California State University, San Bernardino is planned and will grow as the University opens more communication avenues with the opening of previously closed campus activity due to the coronavirus. As the majority of Companion volunteers are of black decent in San Bernardino, both the Black Chamber of Commerce and the Black Alumni Association of Cal State San Bernardino will also be a source of recruitment.
o INDIVIDUALS FROM DIVERSE RACES, ETHNICITIES, SEXUAL ORIENTATIONS, OR
DEGREES OF ENGLISH LANGUAGE PROFICIENCY
The SCP staff recruits for volunteers with no restrictions on the basis of formal education, experience, race, color, national origin including limited English proficiency, gender, age, religion, sexual orientation, disability, gender identity or expression, political affiliation, marital or parental status, or military service. Individuals with bi-lingual skills in Spanish are highly sought due to a large number of Spanish-speaking residents in the Inland Empire service area. Currently there is Spanish-speaking staff at the 5th Street Senior Center where the Program Office is located, and there is at least one Spanish-speaking station supervisor and several volunteer Companions that assist with prospective volunteers.
o VETERANS AND MILITARY FAMILY MEMBERS AS AMERICORPS SENIORS VOLUNTEERS SCP staff will establish a communication network with volunteer center coordinators and social workers at the Veterans Hospital in Loma Linda as a significant outlet in its recruitment efforts to attract volunteer veterans and military family members to become SCP volunteers. We will also visit
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Program Management
veteran organizations in our service area to make face-to-face appeals before their boards and memberships: The American Legion, Veterans of Foreign Wars, The Eagles, and The Elks. o AMERICORPS SENIORS VOLUNTEERS WITH DISABILITIES
The SCP staff will assist volunteers with disabilities to accommodate their need such as reading for volunteers who are illiterate or accommodating work assignments to meet the ability of volunteer¿s limitations such as provision of a walker or cane.
SCP staff will attend the Department of Aging and Adult Services (DAAS) quarterly meetings to recruit individuals with age-related disabilities.
o AMERICORPS SENIOR VOLUNTEERS BETWEEN THE AGES OF 55 AND 70 YEARS OLD The City of San Bernardino SCP does have an age requirement for eligibility of 55 or older for volunteers SCP staff verify age with the volunteers Government-issued driver¿s license or identification card.
* YOUR PLAN AND INFRASTRUCTURE TO RETAIN AND RECOGNIZE THE AMERICORPS SCP VOLUNTEERS.
SCP staff, with the assistance of the SCP Advisory Council, will plan, coordinate, and hold an Annual Volunteer Recognition Event for all volunteers near the latter part of the fiscal year. Each volunteer is recognized for their volunteer service with a meal, a gift or gift bag filled with goodies, and a certificate of appreciation which includes their years of service, and volunteers are recognized for the top most volunteer hours. We also hold a Holiday Social in December as a mid-year inspiration for the volunteers, with gifts and festivities as well. We also recognize volunteers at our monthly in-service meetings for specific outstanding actions and recognize volunteers who have birthdays in that month, sharing a birthday song and cake. We receive many In-Kind donations for the holiday event and Annual Volunteer Recognition Event, cake donations, gift cards, items for goodie bags, etc. SCP staff also provides guidance and an ¿Open Door¿ policy for volunteers to share concerns and gain support for their needs or just for peace of mind. Another way we retain volunteer service is by conducting an annual SCP Volunteer Satisfaction Survey from all volunteers and following through with their input where possible. All information received from the survey is reported and we will address any areas of dissatisfaction immediately and with finality.
* THE PLANS AND INFRASTRUCTURE TO ENSURE MANAGEMENT OF VOLUNTEER
STATIONS ARE IN COMPLIANCE WITH AMERICORPS SCP PROGRAM REGULATIONS (SUCH
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AS PREVENTING OR IDENTIFYING PROHIBITED ACTIVITIES).
Through the Memorandum of Understanding (MOU) agreement (which includes the self-certification section to ensure that all volunteer stations are public or private non-profit organizations or licensed proprietary health care facilities), each volunteer site agrees to follow the guidelines that are set inside the agreement. Through periodic volunteer station visits and interaction with the volunteer supervisors we are able to see the work that is being done to identify and prevent prohibited activities.
Each Site Supervisor will be provided a policies and procedures manual with pertinent forms included.
The information of the Site Supervisor will be periodically updated as the contact information may change. They are also responsible to give the Companion their work assignment and provide SCP staff with and assignment plan or care plan and a signed Letter of Agreement. New volunteer stations are developed through an on-site visit with the station site supervisor and staff to explain how we can help their clients, what our respective roles and responsibilities will be, and defining the supervisor and communication channels. The Program Manager will assign Companions to the volunteer site to develop skills and capabilities that would prepare the Companion for needed community service to the agency. All Companion assignments must meet the following stipulations: Create new or expand existing community services, provide meaningful work and the opportunity to learn new skills that can possibly help both the Companion and the client, and all volunteer stations must be in a safe, drug-free and healthy environment. The Coordinator of Volunteers provides oversight of each volunteer site supervisor. As needed the program manager will research organizations in the service area to recruit new stations in line with work plans and regulations. At this time we have 4 volunteer stations which meet the needs of the program, but are in the process of building new relationships both for outreach (volunteer/client recruitment) and potential new volunteer stations to serve the community directly as we refine the changes which have already been implemented.
* YOUR PLAN AND INFRASTRUCTURE TO DEVELOP AND/OR OVERSEE VOLUNTEER
STATIONS TO ENSURE THAT VOLUNTEERS ARE PERFORMING THEIR ASSIGNED SERVICE ACTIVITIES.
SCP staff will perform quarterly volunteer station visits. During those visits client and or caregiver assignment plans or care plans will be discussed and evaluated with each volunteer station supervisors to ensure that volunteers are performing their requested activities. A simple checklist to document the visit will be developed and utilized going forward. If changes or additions to volunteer's activities need to be made, a new care plan will be devised during that time and immediately implemented. Site
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Organizational Capability
Supervisors will do annual assessments with clients to update assignment plans. Timesheets will be used, including client name and initialed dates of service, to ensure volunteers are performing their assigned service activities. Site Supervisors are responsible to approve timesheets and to make sure that the pay period dates, number of hours volunteered, and dates of volunteering are correct for the month being reported.
* YOUR EXPERIENCE AND ORGANIZATIONAL TRACK RECORD IN WORK PLANS THAT LEAD TO NATIONAL PERFORMANCE MEASURES OUTCOMES.
SCP volunteers have provided volunteer service to the City of San Bernardino for over forty years.
Since the beginning of receiving funding from Action and then CNCS, the program has always provided personal one-on-one service to senior citizens, then to disabled adults, and then to caregivers.
SCP Volunteers provide companionship, nutrition/food support, transportation and medical services to individuals served who have reported as having significantly increased life-enhancing social ties or perceived social support. The greatest challenge by far is related to the efficient recruitment of qualified volunteers, especially when the average age of the volunteer Companion is 70 years and turnover is high due to normal death rates. One reason we are successful in recruitment is because we have employed two full-time, benefitted employees to manage the Program. Annual and semi-annual progress reports have always been evaluated as favorable and on-time, with prompt resolution of any discrepancies. Most recent performance measurements have been reported in E-grants. * YOUR PLANS AND INFRASTRUCTURE TO PROVIDE SOUND PROGRAMMATIC AND FISCAL
OVERSIGHT (BOTH FINANCIAL AND IN-KIND) AND DAY-TO-DAY OPERATIONAL SUPPORT
TO ENSURE COMPLIANCE WITH AMERICORPS SENIORS SCP REQUIREMENTS (STATUTES,
REGULATIONS, AND APPLICABLE OMB CIRCULARS) AND TO ENSURE ACCOUNTABILITY AND EFFICIENT AND EFFECTIVE USE OF AVAILABLE RESOURCES.
o COMPLIANCE WITH AMERICORPS SENIORS SENIOR COMPANION PROGRAM
REQUIREMENTS(STATURES, REGUALTIONS, AND APPLICABLE OMB CIRCULARS) The City of San Bernardino operates under a hybrid Mayor-Council-City Manager form of government. The Mayor is elected by the voters at large and is the CEO of the City. The City Manager is the Chief Administrative Officer, who directs most City departments. The Department of Parks, Recreation and Community Services directly oversights the SCP project, whereas the Finance
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Department's sole purpose is the application and enforcement of sound fiscal management practices and procedures regarding all city services. All City Departments follow audited public common practice financial policies and procedures as outlined in the City's Financial Operations Manual. These are all subject to Council approval and are maintained by the Finance and City Manager Departments. The City's program-based Fiscal Year operates July 1st through June 30th of the following year. The Finance Department is one of 13 city departments. This department acts as the centralized and formal means of disseminating Cost Principle Guidelines, as well as Administrative Guidelines and Audit Guidelines to the rest of the city departments/divisions.
o ACCOUNTABILITY
The City maintains a high level of checks and balances in its fiscal management systems, including a hierarchy review and approval process designed to ensure accurate budget management and timely fiscal reporting system for the Senior Services Division of the Department. The City utilizes a reliable and audited service delivery system that has effectively met or exceeded all prior years' performance objectives of AmeriCorps Seniors. The City's Purchasing Division assists all departments in ensuring that internal procedures are in place for all accounts payable and receivables. Budget development and use is administered by the Parks, Recreation and Community Services Department staff and further supported by the Finance Department staff, especially for travel and reimbursements for volunteers.
The City of San Bernardino is celebrating forty-six years of demonstrated services as a provider of Volunteer Service Programs for youth and seniors. The City of San Bernardino SCP project has been under the sponsorship of Parks, Recreation and Community Services Department for 46 years. The Director of Parks, Recreation and Community Services Department, Jim Tickemyer, provides support and positive leadership for the SCP program to the City Manager, City Council and Mayor, and the San Bernardino community at large. Direct support, leadership, and supervision are provided to the program by Mitch Assumma, Community Recreation Manager.
o EFFICIENT AND EFFECTIVE USE OF AVAILABLE RESOURCES
The City of San Bernardino SCP has worked and continues to work with the San Bernardino County Department of Aging and Adult Services, Catholic Charities, Lighthouse for the Blind, Meals on Wheels, Family Service Agency, and various Community and Senior Centers. The SCP program effectively uses The City of San Bernardino Fifth Street Senior Center to hold In-service training meetings. SCP also benefits from knowledge of local organizations on valuable training for volunteers.
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The City of San Bernardino Parks, Recreation and Community Services Department is constantly seeking alternative funding resources, cash or in-kind, in support of their community serving mission.
The detailed list below shows some of the grants received by our department (directly related to service programs). Senior Nutrition Program -- 1978-Present; San Bernardino Head Start Program -- 1992- 2009; Nutrition Network Program -- 1998-2016; San Bernardino Mentoring Program -- 1992-2009; RSVP (Retired Senior Volunteer Program) -- 1975-Present; SCP (Senior Companion Program) -- 1975-Present; and Kaiser Hospital Community Foundation Grant 2008 -- Present.
* CLEARLY DEFINED PAID STAFF POSITIONS, INCLUDING (AS APPLICABLE)
IDENTIFICATION OF CURRENT STAFF ASSIGNED TO THE PROJECT AND HOW THESE POSITIONS WILL ENSURE THE ACCOMPLISHMENT OF THE PROGRAM OBJECTIVES.
The City Manager's Office oversights most city services, including that of the SCP and all grant- funded programs especially. In addition to other support staff, the Finance Department provides several Accountant positions (Annie Clark, CPA) whose duties are to maintain records of revenue and expense; examine supporting documentation to establish proper authorization and conformance with agreements, contracts, and state and federal regulations; and compile and prepare routine accounting schedules and reports, including audit reviews. The Department of Parks, Recreation and Community Services directly administers the SCP project. From top down, the chain of command is the Director/Department Head (Jim Tickemyer), the Community Recreation Manager (Mitch Assumma), the Community Service Center Supervisor (LaKeisha Jackson), and the SCP Manager (Jamie Daniels), the SCP Coordinator of Volunteers (Ellyse Martinez). The Director of the Parks, Recreation and Community Services Department reports to the City Manager. The Program Manager - SCP's responsibilities include, but are not limited to, assigning volunteers to volunteer stations, conducting volunteer station visits, maintaining budget and expenditure records, grant reporting in E- grants, recruitment of volunteers and volunteer sites, building public awareness and support for the SCP, planning and implementing recognition for the volunteers, attending grant workshops and training conferences and completing reports for the corporation and the sponsor. The Coordinator of Volunteers assists the SCP Manager in all areas of the Program coordination in ways relevant to the position's authority, but is most responsive to daily client and companion service needs. The Community Recreation Manager (Mitch Assumma) has administered the SCP in San Bernardino for over ten years as Manager of the Senior Services division. He has over 35 years of experience in managing municipal services in the parks and recreation field. Mr. Assumma holds a Master's Degree
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Other
in Public Administration, and a Bachelor's Degree in Recreation Administration.
* YOUR ORGANIZATION¿S CAPACITY TO:
o DEVELOP AND IMPLEMENT INTERNAL POLICIES AND OPERATING PROCEDURES TO
PROVIDE GOVERNANCE AND MANAGE RISK, SUCH AS ACCOUNTING, PERSONNEL MANAGEMENT, AND PURCHASING.
The Director of Parks, Recreation and Community Services is responsible for the activities of its human resources, including recruitment, training, promotion, and retention; establishment of daily work schedules and routines, budget development and use; and communication of performance outcomes. The City of San Bernardino fiscal management procedures, including budget control, accounting systems, cash and banking procedures, payroll systems, and internal auditing, are operated, managed, and controlled through the City of San Bernardino Finance Department. The budget process is facilitated and administered annually via the Mayor, City Council, and City Administration. Variances in budgeted expenses are analyzed by the City Manager and Finance Departments. Reports on such data are disseminated quarterly. Individual City departments manage the development and use of their own budget, and each department head is accountable to the City Manager. An independent auditor reviews City financial records annually. o MANAGE CAPITAL ASSETS SUCH AS FACILITIES, EQUIPMENT, AND SUPPLIES.
The 5th Street Senior Center houses both the Senior Companion Program and the Retired Senior and Volunteer Program, which is funded through a combination of the City's General Fund and various Federal and State grants. The 5th Street Senior Center is ADA compliant and is currently being used for administration, training and meetings, community programs, special interest classes, and group rentals. The Center is fully outfitted with tables, chairs, furniture, play equipment, kitchen equipment for full meal preparation, sound and PA system, and office management; the grant-funded Senior Nutrition Program also operates out of the 5th Street Senior Center along with lunch meal serving at five other locations. All health and safety OSHA requirements are followed. The City's Facilities Division of the Public Works Department maintains all building maintenance. Equipment and supplies are purchased as needed through the City's chain of command, utilizing best practice principals.
None
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PNS Amendment (if applicable)
Not applicable
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Performance Measures
% of Unduplicated Volunteers in Work Plans that result in Outcomes:
% of Unduplicated in the Primary Focus Area:
100%
100%
Healthy Futures Aging in Place 3
40 50
Objective:
Number of
Volunteer
Stations:
Anticipated
Unduplicated
Anticipated
Volunteer
2.1Performance Measure:
Focus Area:
Companionship
CompanionshipService Activity:
Service Activity
Description:
Volunteers will provide companionship, nutrition/food support, transportation and medical services practicing safe volunteering procedure and following required precautions to ensure their safety as well as the safety of the client they serve. Volunteers at the Adult day care will provide companionship and social interaction.
Volunteers under the flexibilities to serve service activities for COVID-19 volunteers will provide telephone or video chats, delivery of groceries, medications, meals or other essential items to homebound or isolated seniors. SCP Volunteers will serve between 4-8 hours and 10-40 hours per week at the client’s home or Adult Day Health Care.
A recent study by the California Department of Aging (2020) estimated that 38% of women and 35% of men over the age of 65 need some form of assistance with personal care including assistance getting food and medications and transportation assistance getting to medical appointments.
Isolation increases the risk of mortality, negatively affect both physical and mental health and lead to loss of the ability to stay independent, according to the senior living blog from A Place for Mom. The Center for Disease Control and Prevention (CDC) in November 2020 reports that poor social relationships (characterized by social isolation or loneliness) were associated with a 29% increased risk of heart disease, a 32% increased risk of stroke, with about a 50% increased risk of dementia. According to the 2019 Census of the U.S. Census Bureau in San Bernardino County, 14% of those age 65 years and older (34,099) live alone. With 10.2% of the population in the service area over the age of 65 and 17.1% of the population in the service area living below the poverty level, the need is strong for SCP companions to assist clients to continue to live independently in their own homes through companionship, transportation assistance, help to receive medical services, and nutrition/food support.
An additional place to provide companionship is through adult day care. The primary objectives of Adult Day Care are to restore or maintain optimal capacity for self-care to older adults and individuals with disabilities and delay or prevent inappropriate or personally undesirable institutionalization. The San Bernardino Adult Day Care Center has identified a 75% increase risk of isolation and depression and a decline in functional abilities in frail elderly and disabled adults in the community.
As a result of the COVID-19 pandemic, our country has experienced an unprecedented decline of the stock market, a time of businesses closing their doors and unparalleled unemployment, food pantries overrun wit Community Need to be Addressed:
H4A: Number of individuals servedAnticipated
H9A: Number of individuals who report having increased social support or improved capacity for inde Anticipated
150 Tracking SystemTarget: How Measured:
Instrument Description: Timesheet will be used, including client name and initialed dates of service, signed off by station supervisor, and turned in to SCP office at the end of each month.
Tracking System140Target: How Measured:
Instrument Description: A survey collected each year to determine how many individuals served report having increased social ties or
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Healthy Futures Aging in Place 1
10 10
Objective:
Number of
Volunteer
Stations:
Anticipated
Unduplicated
Anticipated
Volunteer
2.1 3.1
Performance Measure:
Performance Measure:
Focus Area:
Companionship
Respite Services
Respite ServicesService Activity:
Service Activity
Description:
More than one in five Americans (21.3%) are caregivers and more family caregivers (26%) have difficultly coordinating care which is up 19% from 2015 (AARP, National Alliance for Caregiving – May 14, 2020). The article also states that 23% of caregivers have reported their own health has worsened from caregiving without respite. With this being a very difficult and stressful situation (even without the effects of COVID-19) family caregivers are in need of respite service to avoid caregiver burnout. In fact, many of these caregivers are part of the Sandwich Generation, people who have children, demanding jobs, and aging parents. Many of these families do reach out for help in the form of respite care and longer term hourly and live-in care, which demonstrates why the non-medical home care is so important and needed. The Inland Caregivers Resource Center (ICRC), Pacific Hospice, and the Visiting Nurses Association have identified respite services for caregivers as one of the most pressing community needs. Request to agencies for caregiver respite services are rapidly increasing, causing waiting lists for these services. Demographic projections indicate that demand will continue to increase in the future. Senior Companions are needed to provide respite services to caregivers.
In late March of 2020, our country was plunged into a series of events that have not been experienced in modern history in the form of COVID-19.
As a result of the COVID-19 pandemic, our country has experienced an unprecedented decline of the stock market, a time of businesses closing their doors and unparalleled unemployment, food pantries overrun with families who in the past donated to such organizations now needed the services of them, education systems which are having to redefine how learning will take will take place in the future and in the most simplest terms a complete overflow of citizens needing services from our nation’s health care system. In San Bernardino County as of February 8 Community Need to be Addressed:
H4A: Number of individuals servedAnticipated
H9A: Number of individuals who report having increased social support or improved capacity for inde H14: Number of caregivers who reported having increased social ties/perceived social support Anticipated
Anticipated
30 Tracking SystemTarget: How Measured:
Instrument Description: Timesheet will be used, including client name and initialed dates of service, signed off by station supervisor, and turned in to SCP office at the end of each month.
Tracking System
Tracking System
140
20Target:
How Measured:
How Measured:
perceived social support. This will be conducted by SCP staff and Advisory Council members.
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3.1Performance Measure: Respite Services
H14: Number of caregivers who reported having increased social ties/perceived social supportAnticipated Tracking System20 How Measured:
Instrument Description: A survey will be collected each year to determine how many individuals served report having increased social ties or perceived social support. Conducted by SCP staff and Advisory Council members.
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Required Documents
Cost share or matching fund verification letters
Applicant Operational and Financial Management Survey (OFMS) Tribal organization eligibility (see Section C.1. Eligible Applicants) Document Name
Not Applicable
Already on File at CNCS
Not Applicable
Status
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The purpose of this award is to assist the grantee in carrying out a national service program as authorized by the Domestic and Volunteer Service Act of 1973, as amended (42 U.S.C. Chapter 22).
Purpose
94.016CFDA No.:
290 N D ST San Bernardino CA 92401-1734
21SCICA004Agreement No.:
1Amendment No.:
San Bernardino, California, City of
Grantee
956000772EIN:
07/01/2021 - 06/30/2024Performance Period:
07/01/2022 - 06/30/2024Budget Period:
Corporation for National and Community ServiceNotice of Grant Award Award Information
Terms of Acceptance: By accepting funds under this grant, recipient agrees to comply with General Terms and Conditions found at https://americorps.gov/sites/default/files/document/FY2022-General-Terms-Conditions-508-20211119.pdf and the Program Terms and Conditions found at https://americorps.gov/sites/default/files/document/20220228_2022FGP- SCPProgramSpecific508TC.pdf. Recipient also agrees to comply with assurances and certifications made in the grant application, and applicable federal statutes, regulations and guidelines. Recipient agrees to administer the grant in accordance Funding Information
Previously
Awarded
This Year
This Award/
Amendment
$170,025 $0Total Obligated by CNCS
Grantee's Unobligated
Balance (Carryover) $162,637 $0
Total Available $332,662 $0
Total CNCS Funds Awarded to Date
Cumulative Funding for Project Period
Total Awarded in Previous Amendments $324,812
Senior Companion Program
$494,837
250 E Street SW, Suite 300
Washington, DC 20525-0001
(202) 606-5000
Total Current
Year
$170,025
$162,637
$332,662
For Official Use Only
Funding Source and Amount
2022--OPE1-P77-OPO-26000-4101 $170,025.00 Grant Year: 2
Year 2
073604563DUNS:
EJLMHR1CMKM7UEI:
Award Description
This award funds the approved 2022–23 SCP program. Your 2022–23 statutory match is 10% and your budgetary match is 28.9%.
This award begins the second year of your proposed project period of performance. This award action adds permanent funding to increase the stipend amount from $3.00 to $3.15 per hour and also includes a permanent administrative increase of $7,850.00.
These funding augmentations changes the Total Federal funding amount to $ 332662.00 .
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For Official Use Only
CFDA No.:
Spencer McMaster
Rogelio Armendariz
290 N D ST San Bernardino CA 92401-1734
21SCICA004Agreement No.:
1Amendment No.:
San Bernardino, California, City of
Grantee
956000772EIN:
07/01/2021 - 06/30/2024Performance Period:
07/01/2022 - 06/30/2024Budget Period:
Stacy Bishop
Notice of Grant Award
Award Information
with the approved grant application, budgets, supporting documents, and all other representations made in support of the approved grant application.
Senior Grants Officer
Grants Officer
Program Officer
Senior Companion Program
06/07/2022
250 E Street SW, Suite 300
Washington, DC 20525-0001
(202) 606-5000
For Official Use Only
Grant Year: 2
073604563DUNS:
Jamie Daniels
Project Director
Mitchell J. Assumma
Certifying Official/Executive Officer
Signature Award Date San Bernardino, California, City of
Legal Applicant
EJLMHR1CMKM7UEI:
Corporation for National and Community Service:
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6 8
4 CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: August 17, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager;
Darren Goodman, Chief of Police
Department: Police
Subject: Purchase of Laser Scanning Equipment
Recommendation
Adopt Resolution No. 2022-181 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute an agreement with FARO Technologies in an amount not to exceed $95,000 for the purchase of laser scanning technology and authorizing the Finance Director to issue a purchase order in connection with said agreement.
Background
The San Bernardino Police Department receives formulary grant funds from the Edward Byrne Justice Assistance Grant (JAG) as a sub-recipient of the County of San Bernardino. This grant is intended to support state, tribal, and local law enforcement agencies by providing funding to support a wide variety of program areas and equipment purchases. For fiscal year 2017, the San Bernardino Police Department was awarded $164,477 in JAG funds and the Police Department intended to use the full grant award amount for the purchase of laser scanning equipment to improve its crime scene documentation capabilities. In 2017, the federal government imposed conditions on federal grant awards, requiring agencies receiving funds to participate in immigration enforcement. The requirement was challenged in court, but this caused a delay in the receipt of funds by several years, delaying the purchase of the laser scanning equipment. In July of 2022, the 2017 funds were made available to the San Bernardino Police Department for spending and the Police Department is now seeking
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4 to move forward with the equipment purchase.
Currently, when major incidents such as homicides of fatal traffic collisions take place, investigative personnel assume the investigation from patrol officers. They are responsible for the entire investigation, including the documentation of the crime scene or collision site, the surrounding area, and any evidence or items of importance located within the area. Investigators identify evidence, items of importance, and features of the scene that they believe are relevant based on the facts known at the time of the investigation and by anticipating what might become relevant to the investigation in the future. They document the location and condition of these items through a crime or collision scene diagram, photographs of the scene, and sometimes include satellite map images.
This process relies on the investigator’s best judgement, experience, their knowledge of the incident at the time of their investigation, and their ability to anticipate what might become relevant as the investigation progresses. On some occasions, information is revealed during later stages of the investigation that causes something within the scene, or a feature of the scene, to become relevant to the investigation. In a large majority of cases, investigators are able to accurately forecast what might become relevant at a later point and include it in their scene documentation and crime scene diagram. On a small number of occasions though, these changes cannot be foreseen and the opportunity to document that information is lost due to the passage of time.
When this takes place, the Police Department must rely upon photographs taken at the scene during the initial investigation to fill in those gaps.
Proper documentation of a scene is also time-consuming process that requires taking measurements at the scene during the initial investigation and recreating the crime scene through a scale diagram using diagramming software. This process starts when investigators take several hours to obtain measurements of the crime scene and the evidence located in it. The impact of this lengthy process can be felt through personnel costs and extended scene or road closures experienced by the public. The expenditure of time continues when the investigator creates the scene diagram. Even when using digital drawing software, the diagram drawing process can take several hours to complete. When scenes are complex, contain a large volume of evidence, span a larger area, or for incidents involving multiple scenes, the diagramming process can take multiple days to complete. Despite the time it takes for this process, it is vital for the presentation of cases to the District Attorney’s Office or a jury during prosecution or civil litigation.
Laser scanning technology has been used by neighboring law enforcement agencies for over a decade and the devices have proven their worth in accuracy and time savings. They have become standard law enforcement equipment for most law enforcement agencies and on previous occasions, such as the terrorist attack at the Inland Regional Center in 2015, the Police Department has been forced to borrow this type of technology to document crime scenes. The purchase of laser scanning equipment is authorized within the parameters of the JAG program and will assist with
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4 modernizing the Police Department.
Discussion
The San Bernardino Police Department constantly seeks new methods and technology to improve efficiency, service delivery to residents, and the quality of investigations into criminal activity. As part of that effort, the Police Department is seeking to purchase laser scanning equipment to aid its investigations into homicide and fatal traffic collision investigations. This technology is expected to reduce the amount of time spent by personnel on taking measurements at crime or collision scenes and creating the related scene diagrams, while also improving the quality and completeness of the resulting diagrams and scene representations.
Laser scanning devices can assist with both the time spent on and the thoroughness of crime scene documentation process. They offer relief for the cost and time spent by eliminating the need for an investigator to spend hours manually obtaining measurements during the initial scene investigation. The scanning devices also save the additional hours or days that investigators spend preparing a scene diagram. Instead, laser scanning devices more reliably document crime and collision scenes in the time it takes to complete the necessary scans and then download images captured by the scanner as either 2D drawings or 3D scene renditions. This is expected to save anywhere between 15 and 30 personnel hours per homicide and approximately 18 to 40 personnel hours per fatal collision investigation. Based on these advantages, the Police Department has determined that purchasing laser scanning equipment would be beneficial.
In July of 2022, the Finance Division hosted an open bidding process for the purchase of laser scanning equipment. Two companies submitted bids. Among the bids received one company was not able to provide all of the components specified in the bid solicitation. The single company capable of meeting all bid specifications, FARO Technologies was selected as the winning bidder.
2021-2025 Strategic Targets and Goals
The request to spend grant funds for the purchase of laser scanning technology aligns with the following strategic targets and goal: 3. c. Improved Quality of Life: Constantly evaluate public safety service delivery models to enhance the quality of service.
Fiscal Impact
The fiscal impact to the City is an expenditure of $95,000.00 from 2017 JAG grant funds which were previously incorporated in the FY2020/21 Adopted Budget and have been carried over successive years into the FY2022/23 Adopted Budget.
Conclusion
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4 It is recommended that the Mayor and City Council of the City of San Bernardino, California, Adopt Resolution No. 2022-181 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute an agreement with FARO Technologies in an amount not to exceed $95,000 for the purchase of laser scanning technology and authorizing the Finance Director to issue a purchase order in connection with said agreement.
Attachments
Attachment 1 Resolution No. 2022-181
Attachment 2 RFQ and FARO Proposal
Attachment 3 Purchase Agreement
Attachment 4 Exhibit C to Purchase Agreement
Ward
All Wards
Synopsis of Previous Council Actions
September 2, 2020 Mayor and City Council adopted a resolution to accept JAG funds for FY 2017, 2018, and 2019
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Resolution No. 2022-181
Resolution 2022-181
August 17, 2022
7 6
4 RESOLUTION NO. 2022-181
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH FARO TECHNOLOGIES IN AN
AMOUNT NOT TO EXCEED $95,000 FOR THE PURCHASE
OF LASER SCANNING TECHNOLOGY AND
AUTHORIZING THE FINANCE DIRECTOR TO ISSUE A
PURCHASE ORDER IN CONNECTION WITH SAID
AGREEMENT
WHEREAS, the City of San Bernardino has been awarded Edward Byrne Justice Assistance Grant funds in the amount of $164,677; and,
WHEREAS, The Police Department is seeking to use a portion of those grant funds for the purchase of laser scanning equipment; and,
WHEREAS, The Finance Department conducted an open bid process for the purchase of laser scanning equipment, resulting in the selection of FARO Technologies, as the best choice bidder.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. The City Manager is hereby authorized to execute an agreement with FARO Technologies in an amount not to exceed $95,000 for the purchase of laser scanning equipment.
SECTION 3. The Director of Finance is hereby authorized and directed to issue a purchase order to FARO Technologies in an amount not to exceed $95,000 for the purchase of laser scanning equipment.
SECTION 4.The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
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Resolution No. 2022-181
Resolution 2022-181
August 17, 2022
7 6
4 SECTION 5.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 6. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 17th day of August 2022.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2022-181
Resolution 2022-181
August 17, 2022
7 6
4 CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-181, adopted at a regular meeting held on the 17th day of August 2022 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2022.
Genoveva Rocha, CMC, City Clerk
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REQUEST FOR VENDOR QUOTES
FOR
CITY OF SAN BERNARDINO
FOR
RFQ F-23-05B
RE-BID
PURCHASE OF LASER SCANNING DEVICES
CITY OF SAN BERNARDINO
290 North D Street
San Bernardino, California 92401
Telephone: (909) 384-7272
www.sbcity.org
DocuSign Envelope ID: BE595F88-AEE1-4E87-B96A-B10C66FCA6A9
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RFQ F-23-05B
Purchase of Laser Scanning Devices
2 OF 22
REQUEST FOR VENDOR PRICE QUOTES
RFQ F- 23-05B
Purchase of Laser Scanning Devices
PUBLIC NOTICE IS HEREBY GIVEN that vendor price quotes (“Quotes”) will be received by the City of San Bernardino (“City”) electronically through the City’s online bid management provider (“PlanetBids”), until 3:00 pm August 11, 2022. Quotes may NOT be submitted by fax, email, telephone, mail, hand delivery, or other means; any Quotes received through any means other th an Pla netBids will be returned to the Vendor unopened.
The award of this contract is subject to available budget adequate to carry out the provisions of t he proposed agreement including the identified scope of work. The City reserves the right to reject any or all Quotes.
The City is committe d to inclusion and diversity and welcomes proposals and bids from contractors, consultants, and vendors of all faiths , creeds, ancestries, and et hnicities without regard to disability, gender identity, sexual orientation, or immigration status. The City co ndemns and will not tolerate prejudice, racism, bigotry, hatred, bullying, or violence towards any group within or outside of our community.
I. REQUEST FOR QUOTES
The City is requesting Quotes from qualified vendors 1 (“Vendors”) for Laser Scanning De vices. To serve and promote the welfare of its residents, the City intends to procure the Project/Equipment, as described below.
A. Scope of Work/Services
The Project/Equipment sought under this request are set forth in more detail in Attachment “A” attached hereto and incorporated herein by this reference. Notwithstanding the inclusion of such Project/Equipment in Attachment “A”, the final scope of Project/Equipment negotiated between City and the successful Vendor shall be set forth in the Goods Agreement (“Agreement”) executed by and between City and the successful Vendor. A copy of the Agreement is attached hereto as Attachment “B” and incorporated herein by this reference.
B. Project Manager
The Project Manager for the City regarding this request wil l be Vanessa Slouka, Buyer for Purchasing Department (909)384-5346 [email protected] or a designated representative, who will coordinate the assistance to be provided by the City to the Vendor.
C. Requests for Clarification
All q uestions, requests for interpretations or clarifications, either administrative or technic al must b e requested in writing and will be answered in writing through PlanetBids. To ensure a response, questions must be received in writing no later than August 3, 2022 by 3:00 local time.
D. Meeting
For this request, there is no meeting.
E. Site Examination
Vendors may visit the City and its physical facilities to determine the local conditions which may i n any way affect the performance of the work; shall familiariz e themselves with all federal, state and local laws, ordinances, rules, regulations, and codes affe cting the perfor mance of the Project/Equipment; make such investigations, as it may deem necess ary for performance of the Project/Equipment at its Quote with in the
1Use of the term “Vendor(s)” shall mean individual proprietorship, partnership, Limited Liability Company, corporation or joint venture.
DocuSign Envelope ID: BE595F88-AEE1-4E87-B96A-B10C66FCA6A9
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RFQ F-23-05B
Purchase of Laser Scanning Devices
3 OF 22
terms of the Agreement; and correlate its observations, investigations, and determ inations w ith the requirements of the Agreement.
F. Submittal Requirements of Vendor Price Quote
The Quote must be received no later than 3:00 pm local time, on or bef ore August 11, 2022 through PlanetBids. It is solely the responsibility of Vendor to see that its Quote is properly submitted to PlanetBids in proper form and prior to the stated closing time. PlanetBids will not ac cept late Quotes. The City will only consider Quotes that have transmitted su ccessfully and have been issued a c onfirmation number with a t ime stamp from PlanetBids indicating that the Quote was submitted successfully.
Vendors experiencing any technical difficulties with the Quote submission p rocess may contact PlanetBids Customer Service Support. If you continue to have diffi culty, please contact Vanessa Slouka at (909)384-5346. Neither the City nor PlanetBids make any guarantee as to the timely availabi lity of assistance or assurance that any given problem will be resolved by the Quote submission date and/or time.
Vendors to provide a Q uote for the s cope of Project/Equipment as set forth in in the Vendor Quote Form attached hereto as Attachment “C” and incorporated herein by this reference. Vendors submitting a Quote agree to furnish services to the City in ac cordance with th e Quote subm itted, and to be bound by the terms and conditions of this Request for Vendor Price Quote. Vendor is certifying that it takes no exceptions to the request, including but not limited to, the Agreement.
G. Selection Process
The City will evaluate and award to the responsible Vendor offering the needed quality of supply or work or service at the lowest quotation or determin ed to be in the best interest of the Ci ty. During th e evaluation process, the City reserves the right, to requ est additional information or clarifications from Vendors, or to allow corrections of errors or omissions.
H. General Conditions
1. General: It is so lely the responsibility of the Ve ndor t o see that its Quote is properly submitted to PlanetBids in proper form and prior to the stated closing time. Pla netBids will not accept late Quotes.
2. Amendments to Request: The City reserves the right to amend th e request or issue to all Vendors addenda to answer questions for clarification.
3. Non-Responsive Quotes: A Quote may be considered non -responsive if cond itional or incomplete.
4. Costs for Preparing: The City will not compensate any Vendor for the cost of pr eparing any Quote, and all materials submitted with a Quote shall become the property of the City. The City wil l retain all Quotes submitted and may use any idea in a Quote regardless of whether that Quote is selected.
5. Price Validity: Quotes provided by Proposers in response to this request are valid for 120 days from the due date. The City intends to award the A greement within t his time but may request a n extension from the Vendors to hold pricing, until negotiations are complete and the Agreement is awarded.
6. Availability to Perform Work: Vendor must be available to begin Project/Equipment within 2 working days of the contract being awarded.
7. Additional Costs to Perform Work/Se rvices: The Vendor’s Quote is inclusive of all cost and applicable taxes. Ve ndor is responsible for all building permit fees, applicable renderings, plans, documentation and fees required by the Agree ment. Vendo r will be required to m aintain at its own cost the necessary insurance as required by the Agreement and a City business license.
8. Vendor License: As applicable, Vendors shall be properly licensed for the services they provide. Pursuant to Section 7028.15 of the Business and Professions Code and Se ction 3300 of the Public Contract Code, all Vendors must posse ss proper licenses for performance of this Agreem ent. Subcontractors must possess the appropriate licenses for specialty work. Purs uant to Section 702 8.5 of the Bus iness and Professions Code, the City shall consider any Quote submitted by a V endor not currently licensed in accordance with state law to be nonresponsive. The City shall have the right to request, and proposers shall provide within five (5) calendar days, evidence satisfactory to the City of all valid license(s) currently held by Vendor and each of the Vendor’s subcontractors before awarding the Agreement.
DocuSign Envelope ID: BE595F88-AEE1-4E87-B96A-B10C66FCA6A9
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RFQ F-23-05B
Purchase of Laser Scanning Devices
4 OF 22
[END OF SECTION]
DocuSign Envelope ID: BE595F88-AEE1-4E87-B96A-B10C66FCA6A9
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RFQ F-23-05B
Purchase of Laser Scanning Devices
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ATTACHMENT “A”
PROPOSED SCOPE OF PROJECT/EQUIPMENT SERVICES
The Vendor will f urnish all materials, renderings, equipment, tools, removal, installation, labor , coordination, permits, supervision, freight, and incidentals (including tax) as necessary to perform and complete the project pursuant to the Request for Vendor Quotes and the Agreement. The following is a non-inclusive description of the project work and/or goods to be provided.
Services:
Bidder shall complete right hand column indicating brief reasoning for exceptions to requirements if it does not meet specifications. State "Yes" if requirements are agreeable as set forth in left-hand column.
Equipment:
Bidder shall complete right hand column indicating specific size and/or make and model of all components when not exactly as specified or state any exceptions.
FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID
Category
Meets Specifications
Yes or No
Bidder
Comments / Exceptions
LASER SCANNING STATION with the
below listed features or capabilities:
- 350-meter scan radius
- Combines multiple scanned
images into one completed
diagram or 3D representation of
the location or item scanned
- Adjustable image resolution
settings
- Capable of scanning in black and
white or full color
- Sufficient data storage to allow for
all scan data from a project to be
stored on the device or in a
memory card located in the device.
- Includes a USB port for data
transfer
Yes
No
-Range is .05m up to 350m with a
radius of 300 degrees vertical, 360
degrees horizontal
-Offers the ability for multiple
scanner data integration via
provided software whether the
scanner(s) in question is a Faro or
non-Faro product-- via cloud point
data compatibility.
- Offers a variety of customizable
data capture settings and data
integration.
- Data is captured in full color or
gray scale (black and white).
Can capture data in total
darkness.
- System includes an internal
solid state hard drive and the
ability to connect external storage
device.
Exception: data transfers via
standard SD cards as well as
wirelessly to phones, tablets,
(stream/ sphere app) and
computers via the scanners
internal Wi-Fi emitter.
DocuSign Envelope ID: BE595F88-AEE1-4E87-B96A-B10C66FCA6A9
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RFQ F-23-05B
Purchase of Laser Scanning Devices
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Category
Meets Specifications
Yes or No
Bidder
Comments / Exceptions
Includes a separate control module, a
control screen mounted on the scanning
device, or is capable of remote control
through a smart device
- Includes a tripod to mount the base
station onto
- Weight of 5 kg or less
- Water resistant
- Capable of operation in high heat
weather conditions
- Includes a height sensor and
internal compass
- Rechargeable battery that will
power the device for a minimum of
four hours
- Warranty for a minimum of one
year
Yes
-Includes a quick mount, one
knob release base connotation to
a telescoping 3-8 feet Gitzo
carbon fiber tripod
-Scanner head unit approximate
weight 4.4 kg
-IP 54 water resistant
- Multiple locational sensors
such as GPS, compass, and
inclinometer, and altimeter.
- Rechargeable and
interchangeable Li Ion battery
included. Battery is
interchangeable with the below
listed handheld scanner. Can
charge while plugged into hard
power. Also includes an external
charging dock.
-Includes a Two-year warranty
with options for extension out to
the end of life of the product.
Bidders must acknowledge all requirements of previous section, including all categories and sub-points.
Please Sign and Acknowledge Here: __________________________________________
____________________________________ Craig Cupach – Director of Sales ________
If Bidder can provide additional servi ces that a re related to th e services above, but not mentioned in this section, please list the additional services and detail how they will be beneficial to the city
BIDDER’S RESPONSE:
Faro technologies offers a variety of extended warranties and maintenance plans from 1-year extensions all the way to the end of life of the product. All software included in this bid are based on perpetual licensing , meaning the customer has n o additional costs unless the customer wishes to continue with ongoing updates past the first year. If the customer chooses not to renew maintenance plans for the software/ hardware, the product will not be locked out as the customer owns their product.
Faro technologies public safety division will assis t the customer in coordinat ing with other Faro customers such as outside Law enforcement agencies to include Faro Federal customer such as the FBI, DOJ, USDA Fire, etc. per the customer’s request
DocuSign Envelope ID: BE595F88-AEE1-4E87-B96A-B10C66FCA6A9
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RFQ F-23-05B
Purchase of Laser Scanning Devices
7 OF 22
Category
Meets Specifications
Yes or No
Bidder
Comments / Exceptions
PORTABLE LASER SCANNER with the
below listed features or capabilities:
- 5-meter scanning range
- Combines multiple scanned
images into one completed
diagram or 3D representation of
the location or item scanned
- Images scanned with portable
laser scanner can be incorporated
with full sized laser scanning
station referenced in above section
- Adjustable image resolution
settings
- Capable of scanning in black and
white or full color
- Sufficient data storage to allow for
all scan data from a project to be
stored on the device or in a
memory card located in the device.
- Includes a control screen mounted
on the scanning device
- Weighs 2kg or less
- Water resistant
- Capable of operation in high heat
weather conditions
- Includes a height sensor and
internal compass
- Rechargeable battery that will
power the device for a minimum of
four hours
Warranty for a minimum of one
year
Yes
-Scanning range is .04-5 meters
and 5-10 meters with limited data.
- Offers the ability for multiple
scanner data integration via
provided software whether the
scanner(s) in question is Faro or
non-Faro product via cloud point
data compatibility.
- Offers a variety of customizable
data capture settings and data
integration.
Data is captured in full color but
can be converted to gray scale
(black and white) with one
button push in the provided
software.
- System included an internal
solid state hard drive and
includes the ability to connect to
external storage devices such as
thumb drives and phone, tablets
and computers vis USB, Bluetooth
or Wi-Fi.
-IP52 water resistant rating.
-Operating temp 0-40c
-Weight: 1.48kg
- Multiple visual sensors and
inclinometer.
-Rechargeable and
interchangeable Li Ion battery
included. Battery is
interchangeable with the above
listed terrestrial scanner. Can also
be operated while plugged into
hard power. Includes an external
charging dock.
-Includes a one-year warranty
with options for extension out to
the end of life of the product.
Category
Meets Specifications
Yes or No
Bidder
Comments / Exceptions
DocuSign Envelope ID: BE595F88-AEE1-4E87-B96A-B10C66FCA6A9
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RFQ F-23-05B
Purchase of Laser Scanning Devices
8 OF 22
SOFTWARE related to the devices
should support the following activities:
- Includes access to software
necessary to process
recorded data and convert it
into images into diagrams
and/or 3D representations.
- Software allows diagrams
and 3D images to be
downloaded and saved on a
separate device
Yes
-Faro Scene: Used for 3d
registration and creating court
room deliverables
-Faro Zone3D Advanced: Used
for recreating crime and crash
scenes with available Faro and
non-Faro equipment for cloud
point data integration to be used in
court room deliverables. Cloud
point data includes but it not
limited to, competitors scanning
equipment, Drone data,
IOS/Android visual data, body
worn and traffic camera data,
weather data, Vehicle EDR data,
etc.
TRAINING related to the devices should
include the following:
- Training in the use of both
devices
- Training in the use of
software and creation
diagrams and 3D images.
Yes
-Includes Faro in person and virtual
training as well as additional free
training found on the Faro Academy
website.
- 24/7 access to Faro Public
Safety(PSA) support personnel to
include multiple Field Applications
Engineers and the Account Manager
who are former law enforcement
personnel.
Bidders must acknowledge all requirements of previous section, including all categories and sub-points.
Please Sign and Acknowledge Here: __________________________________________
_______________________________Craig Cupach – Director of Sales______________
If Bidder can provide additional services that are related to the services above, but not mentioned in this section, please list the additional services and detail how they will be beneficial to the city
BIDDER’S RESPONSE:
Faro technologies offers a variety of free and paid training for all products via web-based or in person depending on the needs of the customer.
Faro techno logy conducts multiple free workshops for their customers throughout the country every year. These works hops are web based or in person training at a various training facilities and locations.
Faro technology has a full-time public safety unit to address all concerns needed by law enforcement personnel, this includes participating in courtroom testimonies at no additional cost to the client.
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ATTACHMENT “B”
VENDOR SERVICE AGREEMENT
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CITY OF SAN BERNARDINO
GOODS PURCHASE AGREEMENT
This Goods Purchase Agreement (“Agreement”) is entered into this 11 day of , August 2022, by and between the City of San Bernardino, a charter city and municipal corporation organized under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401, County of San Bernardino, State of California (“City”), and FARO Technologies, Inc. a corporation with its principal place of business at 250 Technology Park, Lake Mary, FL 32746 (“Supplier”). City and Supplier are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
Section 1. DEFINITIONS.
A. “Goods” m eans all machinery, equipment, supplies, items, parts, m aterials, la bor or other s ervices, including desi gn, engineering and installation services, provided by Supplier as specified in Exhibit “A,” attached hereto and incorporated herein by reference.
B. “Delivery Date(s)” means that date or dates upon which the Goods is to be delivered to City, ready for approval, testing and/or use as specified in Exhibit “B.” Section 2. MATERIALS AND WORKMANSHIP.
When Exhibit “A” specifies machinery, equipment or material by manufacturer, model or trade name, no substitution will be made without City’s written approval. Machinery, equipment or material installed in the Goods without the approval required by this Section 2 will be deemed to be defective material for purposes of Section 4. Where machinery, equipment or materials are referred to in Exhibit “A” as equal to any particular standard, City will decide the question of equality. When requested by City, Supplier will furnish City with the name of the manufacturer, the performance capabilities and other pertinent information necessary to properly determine the quality and suitability of any machines, equipment and material to be incorporated in the Goods. Material samples will be submitted at City’s request.
Section 3. INSPECTIONS AND TESTS.
City shall have the right to inspect and/or test the Goods prior to acceptance. If upon inspection or testing the Goods or any portion thereof are found to be nonconforming, unsatisfactory, defective, of inferior quality or workmanship, or fail to meet any requirements or specifications contained in Exhibit “A,” then without prejudice to any other rights or remedies, City may reject the Goods or exercise any of its rights under Section 4.C. The inspection, failure to make inspection, acceptance of goods, or payment for goods shall not impair City’s right to reject nonconforming goods, irrespective of City’s failure to notify Supplier of a rejection of nonconforming goods or revocation of acceptance thereof or to specify with particularity any defect in nonconforming goods after rejection or acceptance thereof.
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Section 4. WARRANTY.
A. Supplier warrants that the Goods will be of merch antable quality and free from defects in design, engineering, material, and workmanship for a period of two (2) years, or such longer period as provided by a manufacturer’s wa rranty or as agreed to by Supplier and City, from the date of fina l written accep tance of the Goods by City as required for final payment under Section 7 . Supplier further warrants that any services provided in connection with the Goods will be performed in a professional and workmanlike manner and in accordance with the highest industry standards.
B. Supplier further warrants that all machiner y, equipment , or process included in the Goods will meet the performance requirements and specifications specified in Exhibit “A” and shall be fit for the pur pose intended. City’s inspection, testing, appro val, or acce ptance of any such machinery, equipment, or process will not relieve Supplier of its obligations under this Section 4.B.
C. For any breach of the warranties contained in Section 4.A and Section 4.B, Supplier will, immediately after receiving notice from City, at the option of City, and at Supplier’s own expense and without cost to City:
1. Repair the defective Goods;
2. Replace the defective Goods with conforming Goods, F.O.B. City’s plant, office or other location of City where the Goods was originally performed or delivered; or
3. Repay to City the purchase price of the defective Goods.
If City selects repair or replacement, any defects will be remedied without cost to City, including but not limited to, the costs of removal, repair, and replacement of the defective Goods, and reinstallation of new Goods. All such defective Goods that is so remedied will be similarly warranted as stated above. In addition, Supplier will repair or replace other items of the Goods which may have been damaged by such defects or the repairing of the same, all at its own expense and without cost to City.
D. Supplier also warrants that the Goods is free and clear of a ll liens and encumbrances whatsoever, that Supplier has a good and marketable title to same, and that Supplier owns or has a valid license for all of the proprieta ry technology a nd intellectual property incorporated within the Goods. Supplier agrees to indemnify, defend, and hold City harmless against any and all third party claims resulting from the breach or inaccuracy of any of the foregoing warranties.
E. In the event of a brea ch by Supplier of its obligations under this Section 4, City will not be limited to the remedies set forth in this Section 4 , but will have all the rig hts and remedie s permitted by applicable law, including without limitation, all of the rights and remedies afforded to City under the California Commercial Code.
Section 5. PRICES.
Unless expressly provided otherwise, all prices and fees specified in Exhibit “C,” attached hereto and incorporated herein by reference, are firm and shall not be subject to change without the written approval of City. No extra charges of any kind will be allowed unless specifically agreed to in writing by City’s authorized representative. The total price shall include (i) all federal, state and local sales, use, excise, privilege, payroll, occupational and other taxes applicable to the Goods furnished to City hereunder; and (ii) all charges for packing, freight and transportation to destination.
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Section 6. CHANGES.
City, at any time, by a written order, and without notice to any surety, may make changes in the Goods, including but not limited to, City’s requirements and specifications. If such changes affect the cost of the Goods or time required for its performance, an equitable adjustment will be made in the price or time for performance or both. Any change in the price necessitated by such change will be agreed upon between City and Supplier and such change will be authorized by a change order document signed by City and accepted by Supplier.
Section 7. PAYMENTS.
A. Terms of payment are net thirty (30) days, less any applicable retention, after receipt of invoice, or completion of applicable Pr ogress Milestones. Final payment shall be made by City after Supplier has satisf ied all contractual requirements. Payment of invoices s hall not con stitute acceptance of Goods.
B. If Progress Milestones have been specified in Exhibit “B,” then payments for the Goods will be made as the requirements of such Progress Miles tones are met. Progress payments for the Goods will be made by City upon proper application by Supplier during the progress of the Goods and according to the terms of pa yment as specified i n Exhibit “B.” Supplier’s progress billing invoice will include progress payments due for the original scope of work and changes. Each “Item for Payment” shown in Exhibit “B” and each change order will be itemized on the invoice. Inv oices for cost plus work, whether part of Exhibit “B” or a change order, must have sub contractor and/or supplier invoices attached to Supplier’s invoice. Ot her format a nd support documents for invoices wil l be determined by City in advance of the first invoice cycle.
C. Payments otherwise due may be withheld by City on account of defective Goods not remedied, liens or other claims filed, reasonable evidence indi cating probable filing of liens or other claims, failure of Supplier to make payments properly to its subcontractors or for material or labor, the failure of Supplier to perform any of its other oblig ations under the Agreement, or to protect City against any liability arising out of Supplier’s failure to pay or discharge taxes or other obligations. If the causes for which payment is withheld are removed, the withheld payments will be made promptly.
If the said causes are not removed within a reasonable pe riod after written notice, City may remove them at Supplier’s expense.
D. Payment of the final Progress Milestone payment or any retention will be made by City upon:
1. Submission of an invo ice for satisfa ctory completion of the requirements of a Progress Miles tone as defi ned in Exh ibit “B” and in the amount associated with the Progress Milestone;
2. Written acceptance of the Goods by City;
3. Delivery of all drawings and specifications, if required by City;
4. Delivery of executed full releases of any and all liens ar ising out of this Agreement; and
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5. Delivery of an affidavit listing all persons who might otherwise be entitled to file, claim, or maintain a lien of any kind or character, and containin g an averment t hat all of the said persons have been paid in full.
If any person refuses to furnish an actual release or receipt in full, Supplier may furnish a bond satisfactory to City to indemnify City against any claim or lien at no cost to City.
E. Acceptance by Supplier of payment of the final Progress Milestone payment pursuant to Section 7.D will constitute a waiver, release and discharge of any and all claims and demands of any kind or character which Supplier then has, or can subsequently acquire a gainst City, its successor s and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement. However, payment for the final Progress Mile stone by City will not constitute a waiver, r elease or discharge of any claims or d emands which City then has, or can subsequently acquire, against Supplier, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement.
Section 8. SCHEDULE FOR DELIVERY.
A. The time of Supplier’s performance is of t he essence for this Agreement. The Goods will be delivered in accorda nce with the schedule set forth in Exhibit “B.” Supplier must immediately notify City in writing any time delivery is behind schedule or may not be completed on schedule. In addition to any other rights City may have under this Agreement or at law, Supplier shall pay City the sum of $ [***INSERT AMOUNT ***] per item of Goods for each c alendar day for which the item of Goods is unavailable beyond the scheduled delivery date(s) specified in Exhibit “B.” B. In the event that the Goods is part of a larger project or projec ts that require the coordination of multiple contractors or suppliers, t hen Supplier will fully cooperate in scheduling the delivery so that City can maximize the efficient completion of such project(s).
Section 9. TAXES.
A. Supplier agrees to timely pay all sa les and use tax (including any value added or gross receipts tax i mposed similar to a sales and use tax) imposed by any federal, state or local taxin g authority on the ultimate purchase price of the Goods provided under this Agreement.
B. Supplier will withhold, and require its subcontractors, where applicable, to withhol d all required taxes and contributions of any federal, state or local t axing authority which is measured by wages, salar ies or other remuneration of its employees or the employees of its sub contractors.
Supplier will deposit, or cause to be deposited, in a timely manner with the appropriate taxing authorities all amounts required to be withheld.
C. All other taxes, however de nominated or measured, imposed upon the price of the Goods provided hereunder, will be the responsibility of Supplier. In addition, all taxes assessed by any taxing jurisdiction based on Supplier property used or consu med in the provision of the Goods such as and including ad valorem, use, personal property and inventory ta xes will be the responsibility of Supplier.
D. Supplier will, upon written request , submit to City written evidence of any filings or payments of all taxes required to be paid by Supplier hereunder.
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Section 10. INDEPENDENT CONTRACTOR.
Supplier enters into this Agreement as an independent contractor and not as an employee of City. Supplier shall have no power or authority by this Agreement to bind City in any respect.
Nothing in this Agreement shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Supplier are employees, agents, contractors or subcontractors of the Supplier and not of City. City shall not be obligated in any way to pay any wage claims or other claims made against Supplier by any such employees, agents, contractors or subcontractors or any other person resulting from performance of this Agreement.
Section 11. SUBCONTRACTS.
Unless otherwise specified, Supplier must obtain City’s written permission before subcontracting any portion of the Goods. Except for the insurance requirements in Section 13.A, all subcontracts and orders for the purchase or rental of supplies, materials or equipment, or any other part of the Goods, will require that the subcontractor be bound by and subject to all of the terms and conditions of the Agreement. No subcontract or order will relieve Supplier from its obligations to City, including, but not limited to Supplier’s insurance and indemnification obligations. No subcontract or order will bind City.
Section 12. TITLE AND RISK OF LOSS.
Unless otherwise agreed, City will have title to, and risk of loss of, all completed and partially completed portions of the Goods upon delivery, as well as materials delivered to and stored on City property which are intended to become a part of the Goods. However, Supplier will be liable for any loss or damage to the Goods and/or the materials caused by Supplier or its subcontractors, their agents or employees, and Supplier will replace or repair said Goods or materials at its own cost to the complete satisfaction of City. Notwithstanding the foregoing, in the event that the City has paid Supplier for all or a portion of the Goods which remains in the possession of Supplier, then City shall have title to, and the right to take possession of, such Goods at any time following payment therefor.
Risk of loss for any Goods which remains in the possession of Supplier shall remain with Supplier until such Goods has been delivered or City has taken possession thereof. Supplier will have risk of loss or damage to Supplier’s property used in the construction of the Goods but which does not become a part of the Goods.
Section 13. INDEMNIFICATION.
A. Supplier shall defend, indemnify and hold the City, its o fficials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any m anner arising out of or incident to any alleged acts, omissions, n egligence or wi llful misconduct of Supplier, its officials, officers, e mployees, agents, subcontractors and subconsultan ts arising out of or in connection with the Goods or the performance of this Agreement, including without limitation the payment of all consequential damages and attorneys’ fees and other related costs and expenses except such loss or damage which was caused by the sole negligence or willful misconduct of the City.
B. Supplier’s defense obligation for any and all such aforesaid suits, acti ons or other le gal proceedings of every kind that may be brought or ins tituted agai nst the Ci ty, its officials, officers , employees, agents, or volunteers shall be at Supplier’s own cost, ex pense, and risk. Supplier shall DocuSign Envelope ID: BE595F88-AEE1-4E87-B96A-B10C66FCA6A9
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pay and satisfy any judgment, awa rd, or decree t hat may be rendered against City or its officials, officers, employe es, agents , or volunteers, in any suc h suit, action , or other legal proceeding.
Supplier shall reimburse City and its officials, officers, employees, agents , and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.
C. Supplier’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers.
Section 14. INSURANCE.
A. General. Supplier shall take out and maintain:
1. Commercial General Liability Insura nce, of at least $2,000,000 per occurren ce/ $4,000,000 aggregate for bodily injury, personal injury and pr operty damage, at least as broad as Insurance Services Office Commercial General Liability most recent Occurrence Form CG 00 01;
2. Automobile Liabilit y Insurance for bodily injury and proper ty damage including coverage for owned, non -owned and hired vehicl es, of at least $1,000,000 per accident for bodily injury and property damage, at l east as br oad as most recent Insuranc e Services Office Form Number CA 00 01 covering automobile liability, Code 1 (any auto);
3. Workers’ Compensation in compliance with applic able statutory requirements and Employer's Liability Coverage of at least $1,000,000 per occurrence; and
4. Pollution Liabi lity Insurance of at least $1, 000,000 per occurrence and $2,000,000 aggregate shall be provided by the Supplier if transporting hazardous materials.
5. If Supplier is also the manufacturer of any equipment incl uded in the Goods, Supplier shall carry Product L iability and/or Errors and Omi ssions Insurance which covers said equipment with limits of not less than $1,000,000.
6. Privacy/Network Security (Cyber Liability), of at least $1,000,000 per occurrence and aggregate for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and (4) the introduction, implantat ion or sp read of malicious software code , in a form and with insur ance companies acceptable to the City.
B. Additional Insured; Primary; W aiver of Sub rogation; No L imitation on Coverage . The policies required under t his Section shall give City, its officia ls, offic ers, employees, agents or volunteers additional insured s tatus. Such po licies shall contain a provision stating that Supplier’s policy is p rimary insurance and that any insuran ce, self-insurance or other coverage maintained by the City or any additional insureds shall not be called upon to contribute to any loss and shall contain or be endorsed with a waiver of subrogation in favo r of the Cit y, its off icials, officers, employees , agents, and volunteers. The limits set forth herein shall apply sep arately t o each insured against whom claims are made or suits are brought, excep t with respect to the limits of liability.
Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or othe r require ment, or a waiver of any coverage normally provided by an y insurance. A ny available coverage shall be provided to the parties r equired to b e named as additional insured pursuant to this Agreement.
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C. Insurance Carrier . All insurance required under this Section is to be placed with insurers with a current A.M. Bes t’s rating no l ess than A -:VII, licensed to do business in California, and satisfactory to the City.
D. Evidence of Insurance. Supplier shall furnish City with original certificates of insuran ce and en dorsements effecting coverage required by the Agreement. The certificat es 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 supplied or approved by the City. All certificates and endorsements must be received a nd approved by the City before delivery commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
E. Subcontractors. All subcontractors shall meet the requirements of this Section before commencing work. In addition, Supplier shall include all subcontractors as insureds under its policies or shall furnish s eparate certificates and endorsements for each subcontractor. All cov erages fo r subcontractors shall be subject to all of the requirements stated herein.
F. Freight. Supplier shall ensure that third party shi ppers contra cted by Supplier have adequate insurance coverage for the shipped Goods.
Section 15. LIENS.
A. Supplier, subcontractors an d suppliers will not make, file or maintain a mechanic’s or other lien or claim o f any kind or character against the Goods, for or on acc ount of any labor, materials, fixtures, tools, machinery, equipment, or any other things furnished, or any other work done or performance given under, arising out of, or in any manner c onnected with t he Agreement (such liens or claims referr ed to as “Claim s”); and Supplier, sub contractor and suppliers ex pressly waive and relinquish any and all rights which they now have, o r may sub sequently acquire, to file or maintain any Claim and Supplier, subcontractor and suppliers agree that this provis ion waiving the right of Claims will be an independent covenant.
B. Supplier will save and hold City harmless from and against any and al l Claims that may be filed by a subcontractor, supplier or any oth er person or en tity and Supplier will, at its own expense, defend any a nd all actio ns based u pon such Claims and will pa y all charges of attorneys and all costs and other expenses arising from such Claims.
Section 16. TERMINATION OF AGREEMENT BY CITY.
A. Should Supplier at any time ref use or fail to deliver the Goods with promptness and diligence, or t o perform any of its other obligation s under the Agreement, City may t erminate Supplier’s right to proceed with the delivery of the Goods by written notice to Supplier. In such event City may obtain the Goods by whatever method it may deem exp edient, incl uding the hiring of another contractor or other contractors and, for t hat purpose, may take possession of a ll materials, machinery, equipment, tools and appliances and exerc ise all rights, options and privileges of Supplier. In such case Supplier will not be entitled to receive any further payments until the Goods is delivered. If City’s cost of obtaining the Goods, including compensation for additional managerial and administrative services, will exceed the unpaid balance of the Agreement, Supplier will be liable for and will pay the difference to City.
B. City may, for its own convenience, terminate Supplier’s right to proceed with the delivery of any portion or all of the Goods by written notice to Supplier. Such termination will be effective in the manne r specifie d in such notice, will be w ithout prejudice to any claims wh ich City may have DocuSign Envelope ID: BE595F88-AEE1-4E87-B96A-B10C66FCA6A9
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against Supplier, and will not affect the obligations and duties of Supplier under the Agreement with respect to portions of the Goods not terminated.
C. On receipt of notice under Section 16.B, Supplier will, with respect to the p ortion of the Goods terminated, unless the notice states otherwise,
1. Immediately discontinue such portion of the Goods and the placing of orders for materials, facilities, and supplies in connection with the Goods,
2. Unless otherwise directed by City, make every rea sonable effort to procure cancellation of all existing orders or contracts upon terms satisfactory to City; and
3. Deliver only such portions of the Goods which City deems necessary to preserve and protect those portions of the Goods already in prog ress and to protect material, plant and equipment at the Goods site or in transit to the Goods site.
D. Upon termination pursuant to Section 16.B, Supplier will be paid a pro rata portion of the compensation in the Agreement for any portion of the t erminated Goods already delivered, including material and services for which it has made firm contract s which are not cancel ed, it being understood that City will be entitled to such material and services. Upon determina tion of the amount of said pro rata compensation, City will prompt ly pay such amo unt to Supplier upon delivery by Supplier of the releases of liens and affidavit, pursuant to Section 7.C.
Section 17. FORCE MAJEURE
A. Supplier shall not be held responsible for failure or delay in shipping nor City for failure or delay in accepting goods described herein if such failure or delay is due to a Force Majeure Event.
B. A Force Majeure Event shall mean an e vent that materially a ffects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation , unreaso nable and unforeseeable delay in the issuance of permits or approvals by governme ntal authorities that are required for the work); (4) pa ndemics, epidemics or quarantine restrictions; an d (5) strikes and other organized labor action occurring at t he project site and the effects thereof on the work, only to the extent suc h strikes and o ther organized labor action are beyond the control of Supplier and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use o f replacement workers. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the pu blic health, welfare an d safety, and other actions of the City in its capacity as a municipal authority.
C. In the event of any such excused interference with shipments, City shall have the option either to reduce the quantity provid ed for in th e order ac cordingly or to exer cise it s right of cancellation as set forth in this Agreement.
Section 18. MISCELLANEOUS PROVISIONS.
A. Delivery of Notices . All notices permitted or requir ed under this A greement shall be given to the respective parties at the following address or at such other address as th e respective parties may provide in writing for this purpose:
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CITY:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: [***INSERT NAME AND TITLE***]
With Copy To:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
SUPPLIER:
FARO Technologies, Inc.
250 Technology Park
Lake Mary, FL 32746
Chris Taylor – Account Manager
[email protected] / 407-333-9911
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
B. Assignment or T ransfer. Supplier shall not a ssign or transfer any inter est in this Agreement whether by assignment or novation, without the prior written consent of the City, which will not be unreasonably w ithheld. Provi ded, however, that claims for money due or to be come due Supplier from the City under this Agreement may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of an y assignment or transfer, whet her voluntary o r involuntary, shall be furnished promptly to the City.
C. Successors a nd Assigns . T his Agreement shall be binding on the successors and assigns of the Parties.
D. Amendment; Modification . No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
E. Waiver. No waive r of any default shall cons titute a waiver of any other default or breach, whether of the same or other covenant or condit ion. No waiver, benefit, privilege , or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.
F. Governing Law . This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County.
G. Attorneys’ Fees and Costs . If any action in law or equ ity, inc luding an ac tion for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, each Party shall pay its own attorneys’ fees.
H. Interpretation. Since the Parties or their agents have participated fully in the preparation of thi s Agreement, the langu age of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party.
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I. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
J. Authority to Enter Agreement . Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreeme nt and bind each respective Party.
K. Invalidity; Severability. I f any po rtion of thi s Agreemen t is declared invalid, ille gal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provi sions shall continue in full force and effect.
L. Counterparts. This Agreement may be signed in counterparts, ea ch of wh ich shall constitute an original.
M. City’s Right t o Employ Other Suppliers. City reserves its right to employ other contractors in connection with the Goods.
N. Entire Agreement . This Ag reement constit utes the entire agreement between the Parties relative to the Goods specified herein. There are no understandings, agreements, conditions, representations, warranties or promises with respect t o this Agreement, except those contained in or referred to in the writing.
O. Electronic Signature. Each Party a cknowledges and agre es that th is Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. [SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE TO GOODS PURCHASE AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND Faro Technologies
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first above written.
CITY OF SAN BERNARDINO
APPROVED BY:
[***INSERT NAME***]
City Manager
ATTESTED BY:
[***INSERT NAME***]
City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
[FARO Technologies, Inc.]
Sample document-Do not sign
Signature
Name
Title
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ATTACHMENT “C”
VENDOR QUOTE FORM
VENDOR NAME: FARO Technologies, Inc.
ADDRESS: 250 Technology Park, Lake Mary, FL 32746 PHONE: 407-333-9911
The undersigned, hereby declare that they have carefully examined the locatio n of the propos ed work, familiarized themselves with the loc al conditions affecting th e cost of the work, a nd have r ead and examined the terms and conditions for the following Project:
Purchase of Laser Scanning Devices
Project Overall Cost Summary
In addition to completing the price form, vendors shall supply an itemized quote for each vehicle type to include labor costs.
The undersigned, hereby propose to furnish all labor, materials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required to perform and complete the Project in strict accordance with the Vendor Price Quote for the ELECTRONICALLY SUBMITTED TOTAL VENDOR QUOTE PRICE.
Item
No.
FARO FOCUS LASER SCANNER
Quantity Unit Cost Total Amount
1 Cost for laser scanning station 1 $54,252 $54,252
2 Cost for Faro Focus portable laser scanner 1 $18,180 $18,180 3 Cost for software for laser scanning station 1 $11,979 $11,979 4 Cost for software for portable laser scanner 1 $0.00 $0.00 5 Cost of related training 1 $2,603.70 $2,603.70
6 Taxes 1 $4,847.51 $4,847.51
7 Warrantee Yes / No 2 # 2 and 1 Year Warrantee
8 Additional Fees (if any) Shipping 1 $50.16 $50.16
9 Additional Fees (if any) extra battery /tripod 1 $1,629 $1,629 TOTAL VENDOR QUOTE $93,541.37
Total Number of Additional Pages:
Authorization Signature on next page
DocuSign Envelope ID: BE595F88-AEE1-4E87-B96A-B10C66FCA6A9
Packet Pg. 385
RFQ F-23-05B
Purchase of Laser Scanning Devices
22 OF 22
I hereby declare under penalty of perjury that the foregoing is true and correct.
Submitted By: Title: Director of Sales
(Authorized Representative Signature)
Print Name: Craig Cupach
Contractor’s License Number and Classification:
DIR Registration Number (if applicable): ____________________________
DocuSign Envelope ID: BE595F88-AEE1-4E87-B96A-B10C66FCA6A9 8/10/2022
Packet Pg. 386
FARO Technologies, Inc.’s List of Exceptions to City of San Bernardino’s Goods Purchase Agreement – RFQ F-23-05B - August 2022
FARO Technologies, Inc. (“FARO” or “Supplier”) submits the following exceptions related to the City of San Bernardino’s (the “City”) Goods Purchase Agreement referenced in the City’s Request for Vendor Price Quotes, RFQ F-23-05B, Purchase of Laser Scanning Devices.
Terms Issue Requested Amendments
Acceptance
(Section 3)
FARO’s products are highly
standardized, off the shelf, boxed
metrology products and supporting
standard software and service
products. No special acceptance
procedures offered. The FARO
warranty starts upon shipment of the
products; thus, acceptance is covered
by the warranty.
No special acceptance procedures apply. For the
avoidance of doubt, the City’s inspection and
warranty rights are unaffected.
Warranty
(Section 4)
Supplier sells highly standardized,
commercial, off the shelf, boxed
metrology products and standardized
supporting services with
standardized manufacturer’s
warranty and available service plans.
Goods are as advertised in Supplier’s
technical specifications (see:
https://knowledge.faro.com).
The terms of the purchased warranty are solely
the Supplier‘s terms for the applicable warranty
product. FARO’s default warranty term is one
(1) year (and ninety (90) days for accessories)
and starts at shipment. FARO warrants against
defects in material and workmanship and that all
products will meet Supplier’s specifications. The
warranty remedy is repair at a FARO location or
replacement and is express, excluding
merchantability and fitness for particular purpose.
For the avoidance of doubt, the warranty term for
the Laser Scanner Focus Premium quoted in
FARO Quote No. 20473206 is a total of two (2)
years and starts at shipment.
Time is of the
Essence (Section
8)
FARO agrees that time is of the
essence. FARO requests a 10%
Purchase Order value cap on delay
penalties.
Liquidated damages for time is of the essence are
capped at ten percent (10%) of the value of the
applicable Purchase Order.
Indemnification
(Section 13)
Although Supplier is only selling
commercial off the shelf products in
this sale, we are happy to offer an
indemnification. Supplier’s standard
indemnification added as Supplier’s
full indemnifications.
Supplier shall indemnify the City for direct
damages suffered by a third party for (i)
Supplier’s violation of the intellectual property
rights of another, or (ii) for death, injury, or
property damage caused by Supplier’s gross
negligence or reckless acts or omissions, with
contributory negligence.
Limitation of
Liability and
Waiver of
Consequential
Damages
Supplier proposes a mutual waiver of
consequential damages and
limitation of liability.
Except where prohibited by law, (a) the
maximum aggregate liability of either party,
including relating to any product, from any cause,
shall not exceed 100% of the Purchase Order
value, and (b) in no case or under any theory shall
either party be liable for any indirect, special,
punitive, or consequential damages.
Packet Pg. 387
FARO Technologies, Inc.
250 Technology Park
Lake Mary FL 32746-7115
Phone No: 407-333-9911
Fax No: 407-333-4181
Email: [email protected]
Bill To:
San Bernardino Police
Department
(CA)
PO Box 1559
92402-1559 San Bernardino,
CA
USA
Ship To:
San Bernardino Police
Department
(CA)
Michele Mahan
PO Box 1559
92402-1559 San Bernardino,
CA
USA
Quotation No: 20473206
Quotation Date: 08/05/2022
Expiration Date: 09/04/2022
Regional Manager:
Account Manager:Christopher Taylor
Sales Support: Cynthia Clarke
Ship: Standard/Ground
Payment Terms: Net due in 30 days
Delivery Terms: EXW Origin
Lead Time: 2-6 Weeks
Tracker Lead Time:10-12 Weeks
PO Number:
Contact Person:Michele Mahan
Item No. Description Qty Amount
LS9-HU FARO Focus Premium USA 1 35,541.00
Laser Scanner Focus Premium ships
with: 1x Focus Premium scanner
head, 1x Status Indicator, 1x Quick
Release, 1x Power Block Battery, 1x
Battery Power Dock , 1x Power
Supply, 1x 64GB High-Speed SD
Card and reader, 1x rugged transport
case, 1x calibration certificate, 1x
quick start guide, manufacturer
warranty
FW-SCN-0020 Focus Premium Range Extension
350m, POS
1 18,711.00
Focus Premium Range Extension
350m, Point of Sale
ACCSS8032 3D_AC_LS_Standard Carbon Fiber
Tripod
1 1,080.00
Confidential
Remit to:
FARO Technologies, Inc.
P.O. Box 116908
Atlanta, GA 30368-6908
Packet Pg. 388
Quote no. 20473206
Item No. Description Qty Amount
Carbon fiber tripod, super lightweight,
highly stable, low-vibration,
customized for Focus scanners for
perfect performance and increased
durability.
SOFTD0900 SCENE 1 5,499.00
SCENE. New license. Includes
1-year of standard maintenance.
License container sold separately.
SOFTL0001 Single User Soft Lock 1 0.00
Soft lock for one single user license.
Software licenses purchased
separately. Can be used together
with FARO SCENE, CAM2, FARO
Zone, As-Built, and RevEng Software
products.
SOFTD51002 FARO Zone 3D Advanced Digital
Download
1 6,480.00
Advanced version of FARO Zone 3D
with the added ability to open SCENE
projects and import other point
clouds. Includes one (1) year of
maintenance. Digital Download
SOFTL0001 Single User Soft Lock 1 0.00
Soft lock for one single user license.
Software licenses purchased
separately. Can be used together
with FARO SCENE, CAM2, FARO
Zone, As-Built, and RevEng Software
products.
Confidential
Packet Pg. 389
Quote no. 20473206
Item No. Description Qty Amount
SB_900091 Freestyle 2 Kit 1 0.00
900-000099-000 Freestyle2_Sensor_FARO 1 12,753.00
FARO Freestyle 2 Core Kit. Includes
the Freestyle 2 Sensor and One (1)
year of manufacturer warranty. A
compatible Android smartphone is
required.
810-000138-000 dS_AccessoryKit_FARO 1 1,890.00
Freestyle 2 accessories Kit. Includes,
On-site Calibration plate, Magnetic
Kit for Mobile Phone, USB cable,
One (1) Battery, Power Charger,
High Speed USB stick, Targets Kit,
Optical cleaning cloth, Quick start
guide a rugged transport case.
FA0215 MobilePC_Faro 1 2,799.00
ACCS-PWR-0014 3D_AC_LS_FocusS Battery Power
Block
1 549.00
Power Block battery for Focus laser
scanner and Freestyle.
ACCSS8039 3D_AC_FS2_Mobile_Phone 1 738.00
High-end Smartphone compatible
with FARO® Cobalt Detail 3D.
Confidential
Packet Pg. 390
Quote no. 20473206
Item No. Description Qty Amount
TR-AS-SCN-O Scanner Tr. AS-Customer Site. 1 2,603.70
One day hands-on Scanner training
session to help solve customer
specific applications. Customer site
trainings are designed for up to four
people to ensure proper transfer of
knowledge and understanding. Price
per class.
TR-SCN-POS Laser Scanner Tr. - FARO Fac. - Inc 1 0.00
"Available only at point of FARO
system sale. Includes training for 2
Trainees. #Three day course at a
training facility provided by FARO
that discusses FARO Laser Scanner
with FARO Software, setup, and
basic measurements. Classroom
trainings are scheduled on a first
come, first served basis. Classes can
be cancelled within two weeks of the
scheduled date if sufficient
enrollment is not met. Training days
must be taken together on
consecutive days, and cannot be split
into individual days."
TR-FZ3-COR FZ Core 1 0.00
Two consecutive day, consisting of
four-hour virtual classroom training.
The FARO Zone 3D Core training is
specifically designed to assist new
users.
Confidential
Packet Pg. 391
Quote no. 20473206
---------------------------------------
Total Unit Price 98,493.00
Total Discount 9,849.30-
Shipping & Handling 50.16
Total Taxes 4,847.51
---------------------------------------
Total USD 93,541.37
**Note: Taxes on this quote are budgetary estimates and are not binding. Taxes charged will be based on applicable tax rates assessed at the time of final invoice.
Signature:______________________________ Print:______________________________ Title:_______________ Date:_________ Accounts Payable Name:________________________________________ Email:________________________________________ Can we send your future invoice(s) to the email address provided (__) No (__) Yes Do you require a PO to process this order (__) No (__) Yes - PO #:_________________________________________ Signature:______________________________ Print:______________________________ Title:_______________ Date:_________ *Any order over $150,000 will need a secondary signature to process your order.
Confidential
Packet Pg. 392
Quote no. 20473206
COVID-19
FARO does not assume any risk for (i) late deliveries of goods, (ii) customers' inability or impracticability to receive or use our devices or software, and for (iii) delivery disruptions, that are due to the COVID-19 pandemic and ensuing government measures (shut downs, lock-downs, quarantines).
PURCHASE AGREEMENT AND CONDITIONS OF SALE:As a condition of this agreement, the applicable contract terms are FARO's Standard Terms and Conditions of Sale, or, if the Parties have entered into current master sales terms, such negotiated master terms.
The FARO Standard Terms and Conditions can be found at the following Web link (if such is not an active link, please copy and paste the Web address into a Web browser):
https://www.faro.com/en/Terms
The following article contains all our calibration information under their respective product headings https://knowledge.faro.com/Essentials/Hardware/Compensation_Calibration_and_Certification_Standards_for_FARO_Devices
Packet Pg. 393
www.faro.com
The Most Intuitive and Efficient Software for
Scan Data Processing and Registration
FARO® SCENE Software
FARO SCENE software is specifically designed for all FARO scanning solutions and third-party laser scanners. Process and manage scan data efficiently and easily by using automatic target recognition, scan registration and validation. Generate high-quality data in full color quickly and conveniently by incorporating images from automated targetless and target- based scan positioning.
Users can begin the evaluation and processing immediately by performing simple measurements, creating stunning 3D visualizations or exporting to various point cloud and CAD formats once SCENE has prepared the scan data. In addition, SCENE features an impressive Virtual Reality (VR) View, allowing users to experience and evaluate captured data in the VR environment.
Tools for Managing High-Quality 3D Data
for Informed Project Decisions
Benefits
y Minimize project costs by utilizing automated data
processing / registration workflows, fast / versatile scan data export, and a simplified software user interface
y Recreate project results using advanced workflow driven validation tools
y Intuitive and easy to understand reality representation providing immersive viewing capabilities to explore and evaluate scan data
y Leave the project site with confidence through the
power of real time, on-site registration and the ability to retake photos
y Best user experience with FARO scanning devices and FARO application specific software tools
y Share and collaborate worldwide anytime, anywhere with SCENE WebShare Cloud – a hosted web-based service from
FARO for easy and secure sharing of scan project data
Explore Scan Data in 2D, 3D and Virtual Reality (VR)
Explore scan data in unmatched clarity and visual quality due to solid surface rendering and HDR colorization.
Visualization of data in 2D, 3D and VR gives an immersive experience in viewing project point clouds in full detail in the 3D Virtual Reality.
Efficient Data Processing
Various tools for scan data filtering improve the cleanliness and color balancing of each scan data set. The automatic filter for moving objects significantly reduces the need for manual cleaning. Batch-Processing allows automated marker detection, scan optimization and scan registration with minimized effort.
Easy Data Registration
SCENE features professional and automatic workflows for target based and targetless (Cloud2Cloud) scan registration.
The powerful on-site registration functionality allows complete scan project processing and registration directly on the measurement site in real time.
Intuitive Data Organization
SCENE features a very intuitive and easy to learn user
interface. Features such as hierarchical data structure or project history management allow efficient handling of large projects. A seamless integration of scan data is secured through the support of various import and export formats.
Plug-Ins and Apps for Extended Functionality
Extend the SCENE functionality with various plug-ins and apps to obtain added value for special workflows and applications.
Packet Pg. 394
FARO Global Headquarters
250 Technology Park, Lake Mary, FL 32746, USA
US: 800 736 0234 MX: +52 81 4170 3542
BR: 11 3500 4600 / 0800 892 1192
FARO Europe Regional Headquarters
Lingwiesenstr. 11/2
70825 Korntal-Münchingen, Germany
00 800 3276 7253
FARO Asia Regional Headquarters
No. 3 Changi South Street 2, #01-01 Xilin
Districentre Building B Singapore, 486548
+65 65111350
Local offices in over 25 countries around the world. Go to www.faro.com to learn more. © 2021 FARO | FARO is a registered trademark of FARO Technologies, Inc. in the United States and other countries.
Autodesk is a registered trademark of Autodesk, Inc., in the USA and other countries.
SFDC_04MKT_506 Revised: 05/6/2021
Processing Scan Data
y Automatic search for artificial (spheres, checkerboards, coded markers) or natural references (corner points,
planes etc.)
y Diverse registration methods to place the scans
automatically by detected targets, cloud-to-cloud or top view based
y Improved registration results through intelligent fine registration and additive verification
y Automatic coloring of the scans with the high-resolution color photographs or Laser-HDR color option
y Filters (including “dark points”, and “stray points”), optional Edge Artifact filter for additional noise reduction
y Supports creation of fully textured meshes that can be brought into other applications as color, 3D models
y On-site compensation: verification and adjustment of the scanner’s compensation, available for the new FocusS devices y On-site registration: processing and registration of scans during scanning on site, function applies only to FARO FocusS Series Laser Scanners
y Moving Objects Filter automatically removes unwanted
objects from registered scan data that moved through a
scene while it was being scanned, such as people or vehicles y Fast and versatile exporting of scan data as a project, cluster, single scan, or sections of scans into Autodesk® RCP/RCS point cloud format
Data Management of Extensive Projects
y Project database with project history
y Graphical project view to manage all existing scan projects y Bundling of an unlimited number of scans to one project y Printable registration reports (PDF)
Data Sharing
y Fully integrates with the SCENE WebShare Cloud service y Utilize the SCENE 2go App from a USB flash drive to share projects with clients for data exploration
Import & Export
y Optimized to work with FARO
Focus, Freestyle and
Swift data
y Control points for geo-
referencing (.cor, .csv)
y Scan points (FARO Scan, FARO
Cloud, ASTM E57, .txt, .xyz,
.xyb, .pts, .ptx, .ptz, .pod)
y Import digital photos (.jpg,
.png, .bmp, .tif)
y Export panoramic images (.jpg), export orthophotos (.tiff, .png, .jpg, .bmp and .dxf)
y Export meshes in standard formats (.stl, .obj, .ply and .wrl (VRML)
For on-site registration (with scan resolution of 1/5, Quality 3, colorization and ~ 40 scans in a row) the following system specifications are sufficient: Processor: I7 8665U, Graphics: Intel UHD 620 Graphics, RAM: 16GB, Hard drive: SSD 500GB, Screen: 12” Full HD anti glare, OS: Windows ® 10 Pro 64-Bit Project Exploration
y The ability to take measurements
y Documentation objects to add notes and attach external documents via hyperlink technology
y Extended capabilities using FARO or 3rd party app
Views
y Closed 3D surfaces rendering with full-color detail
y 3D View, Planar View & Quick View
y Virtual Reality View with exploration tools
y Stereoscopic visualization with suitable graphics board and 3D capable device
y Correspondence view to control scan placement on
the screen
y Multiple clipping boxes to control the visible parts of point clouds in 3D View
y Overview Map
Technical Requirements (Recommended)
Hardware Intel Core i7/i9/Xeon, 8 physical cores, 64 GB RAM , OpenGL 4.3, 1 TB Solid State Drive + Regular HDD, screen resolution 1920 x 1080 px Graphics Card
Dedicated graphics card, OpenGL 4.3, DirectX 11 Feature Level 11.0 or higher, at least 8 GB Memory; For Stereo Rendering and Viewing: NVIDIA Quadro; For VR Rendering and Viewing: NVIDIA 1080GTX or similar, Supported VR 3D Headsets: Oculus Rift S or HTC Vive with Touch Controllers, StreamVR Operating System 64-bit Windows® 10
Accessories 3D Connexion Space Mouse with latest drivers (settings described in the User Manual), Network card is required for licensing SCENE
Packet Pg. 395
FARO
® Zone
Software
Packet Pg. 396
y Crime scene investigators
can reconstruct the details
of a crime by applying the
validated blood spatter
analysis and bullet
trajectory tools.
y Crash reconstructionists
use FARO Zone 3D to
complete precise diagrams
and realistic animations
from scene measurements
captured by laser scanners,
total stations, drones
and data from Event Data
Recorder (EDR) data. Analysis
tools provide the ability to
estimate vehicle speeds with
calculations for momentum,
crush, skid marks, and more.
y Use FARO Zone 2D to quickly
create simple, yet accurate,
crash scene diagrams like
those commonly attached
to law enforcement crash
reports.
y Start with an aerial map
of the crash location, add
vehicle symbols, signs, and
notes, save the diagram (pdf,
jpg, or png) and attach it to
your report in as little as
five minutes.
y Administrative tools are
included to set up FARO
Zone for all users in the
agency to save the diagram
to the desired format, size,
and location for your
reporting system.
y With FARO Zone 2D or 3D,
it is fast and easy to use an
aerial map from Pictometry ®,
Google, or Bing to create
easy-to-read pre-incident
and threat assessment
diagrams.
y Add a comprehensive 2D
floorplan with data captured
by FARO ScanPlan ™ or an
architectural diagram. Show
doors, stairs, elevators,
control panels, hazardous
materials, and more, with
the pre-drawn symbols
that are included.
y Export diagrams to pdf and
attach them to your dispatch
or pre-planning system so
the plans are available to
First Responders.
FARO Zone Software makes scene
documentation easy so you can
get on with the rest of your job.
As a Public Safety professional, measuring and documenting a scene is a critical aspect of your job and one that your team relies on for complete and accurate documentation. FARO Zone enables the creation of factual diagrams and detailed analyses, results that can be presented and shared in a compellingly visual and easy-to-comprehend way.
Forensic Scene
Investigation
Crash Report
Diagramming
Pre-Incident
Planning
Packet Pg. 397
For forensic investigators, FARO Zone 3D provides
the ability to accurately reconstruct any crash, crime, or fire scene. Apply manual measurements, aerial
maps, drone photos, or total station data to quickly
create 2D and 3D scene diagrams. Analyze the scene
with crash reconstruction, bullet trajectory, and blood spatter analysis tools. Create compelling walk-throughs, reports, and animations to present the case.
y Precise, Fast Drawings
Extensive drawing tools, paired with object grips and
automatic snaps, make it easy to create accurate, 2D
and 3D diagrams to exact measurements.
y Save Time
Complete diagrams quickly with the huge library
of models, or import new ones. Use EDR data to
reduce the time needed to create accurate crash
animations.
y Powerful Analysis Tools
Perform comprehensive analysis for bullet
trajectory, blood spatter, vehicle momentum,
critical speed yaw, speed from skids, road
profile, vehicle crush, and more.
y Compelling 3D Results
Create realistic flythroughs, vehicle and human
animations with shadows, rain, snow, fog, animated
vehicle headlights, brake lights, and traffic lights.
y Easy to Use
Features an intuitive user interface with constant
feedback, helpful how-to videos, comprehensive
documentation, and free instructor-led, online
training.
y Compatibility
Open diagrams from CAD Zone, ARAS, and other
standard CAD formats. Bring in measurements from
manual methods, drone photos, satellite maps, and
data from total stations.
y Share with Anyone
Free viewing software and the Zone 2go
presentation tool makes it easy to share projects
with anyone. No internet required.
Includes the features of FARO Zone 3D plus the ability
to use point clouds from laser scanners and drones.
Preserve any forensic scene digitally as a 3D point
cloud, then analyze the evidence in the safety of
the office. Determine witness perspectives, create
extremely realistic animations, and share the results – even in a virtual reality environment. Being prepared
for court was never this easy!
y Compatible with Point Clouds
Open multiple point cloud formats, from laser
scanners in .pts and .E57 formats, directly from
FARO SCENE projects 1, and from drones in .las file
format.
y Ensure Accuracy
Take all your measurements from the point cloud
captured at the scene. Snap to specific data points
to create diagrams, export chosen points with
“virtual surveyor” mode, and use point clouds to
create stunning animations and VR scenes.
y One Software Does It All
Register scanned data captured with FARO Focus
Laser Scanners 2 so all your work is done in one
software application.
y Easy Workflow
Merge and align point clouds, or use point cloud
models, to place vehicles that were removed back
into the scene of the crash.
y Photo-Realistic Results
Create incredible 3D environments with multiple
light sources, grass that grows, car doors and hoods
that open, and enhanced material textures for
stone, brick, wood, metal, water, and more.
y Custom VR Training Scenarios
Turn any scanned scene into an exciting VR training
scenario, take photos and measurements, pick
up evidence, and swab for DNA samples, all while
completely immersed in the VR forensic scene.
1Feature available with SCENE version 6 and higher
2Feature available with FocusS and FocusM laser scanners FARO Zone 3D FARO Zone 3D Advanced
Packet Pg. 398
© 2021 FARO | FARO is a registered trademark of FARO Technologies, Inc. in the United States and other countries. Revised: 10/5/2021 FARO Global Headquarters
250 Technology Park, Lake Mary, FL 32746, USA
US: 800 736 0234 MX: +52 81 4170 3542
BR: 11 3500 4600 / 0800 892 1192
FARO Europe Regional Headquarters
Lingwiesenstr. 11/2
70825 Korntal-Münchingen, Germany
00 800 3276 7253
FARO Asia Regional Headquarters
No. 3 Changi South Street 2, #01-01 Xilin
Districentre Building B Singapore, 486548
+65 65111350
FARO Zone System Requirements
Recommended FARO Zone 2D FARO Zone 3D FARO Zone 3D Advanced Operating System Microsoft Windows 10 Microsoft Windows 10 Microsoft Windows 10 Processor Intel i5 or equivalent Intel i7 or equivalent Intel i7 or equivalent RAM 4 GB 8 GB 16 GB
Hard Drive 8 GB free 12 GB free 12 GB free
Graphics Card
DirectX 11 compatible card,
such as an Nvidia® Quadro 2000,
GeForce 400+
DirectX 11 compatible card;
If tiling large images 4GB video
RAM minimum
GeForce GTX 1060 or better;
If tiling large images 4GB video
RAM minimum
VR Requirements Oculus Rift or HTC Vive plus ports
required by headset
Oculus Rift or HTC Vive plus ports
required by headset
Local Offices in over 25 countries around the world. Go to www.faro.com to learn more. "Crash reconstruction isn’t
about creating Hollywood
theatrics, it’s about
finding truth through
science. FARO Zone 3D
is what I use to show the
science of a crash "
Carl Lakowicz,
Northpoint Collision Consultants
FARO Zone 2D
This inexpensive software can be easily
deployed throughout the entire department
and helps law enforcement officers create
2D crash report diagrams in as little as five
minutes. FARO Zone 2D is also the ideal
software to quickly create detailed, pre-
incident plan diagrams. Firefighters and other
first responders value these clear, consistent
diagrams to help them make critical decisions
at the scene when every second counts.
Packet Pg. 399
Focus
Premium
On-Scene Digital
Documentation
with Global Reach
Packet Pg. 400
A ‘Focused’ Look
The Focus Premium provides exceptional capturing efficiency, data quality and accuracy for public safety professionals while offering data quality at faster scan speeds. It is capable of reducing on-scene scanning time by up to 50% using your regular settings. Meanwhile, faster loading and system response yields greater data management efficiency when paired with the new FARO Stream mobile app, a solution Focus Premium operators can use on-scene to take pre-registration scans.
Up to 50% Faster
Scan Times
Complete scans faster using your
regular settings, even in color.
Super-High Color
Resolution
The latest color camera technology
enables the Focus Premium to
capture scans with up to 266
megapixel color information.
Premium Preview:
The Ultimate in
3D Data Capture
Building on our history of accuracy and reliability,
the new FARO ® Focus Premium Laser Scanner is
the fastest, most accurate and connected scanner
on the market to date, featuring entirely new
components with a proven design.
Two-Year Warranty
An extended standard service
window means maximizing
the life of this product while
reducing the total cost of
ownership throughout the
device’s lifespan. Two years
allows for maximum flexibility
and the peace of mind knowing
that any repairs or defective
parts will be replaced.
Focus Premium Features:
y Up to 350m scanning range, leading to superior
area coverage per scan position
y Smartphone-enabled remote control
capabilities, limited only by the range
of a Wi-Fi network
y Improved wireless workflow with more stable
and faster Wi-Fi operation
y On-site registration, the process of combining
multiple scans using common overlap, means
faster project completion and real-time
awareness of scan errors or missing data —
know before leaving the scene if there
are data gaps
y Scanner control can be executed on either the
app or on the on-board user interface
y Users have easy access to create projects,
change scanner settings, manage image
resolution, opt for color or black and white
scans, group scans through clustering,
and add annotations
y Rugged construction and housing can withstand
tough day-to-day work
y Integrated high-speed SSD data storage for
maximum scan capacity and lighting fast
scan processing, plus reliable standard SD
card storage
Packet Pg. 401
1. White 90% Reflectivity, Dark-gray 10% Reflectivity, Black 2% Reflectivity, for a Lambertian scatterer | 2. Ranging noise is defined as the variation of distance samples from repeated measurements of a single point at 122k Pts/sec |
3. Some surfaces can lead to additional noise | 4. For distances larger 25 m add 0.1 mm/m of uncertainty | 5. Ranging error is defined as a systematic measurement error at around 10 m and 25 m | 6. It is recommended to perform on-site compensation in the event the unit is exposed to exceptional temperature or mechanical stress| 7. Low temperature operation: scanner has to be powered on while internal temperature is at or above 15° C. High temperature operation:
additional accessory Thermal Cover required | 8. Accelerated Profile with PanoCam | 9. 2x150°, homogeneous point spacing is not guaranteed | 10. Ferromagnetic objects can disturb the earth magnetic field and lead to inaccurate measurements
All accuracy specifications are standard deviations, after warm-up and within operating temperature range; unless otherwise noted. Subject to change without prior notice.
CLASS 1
LASER PRODUCT
Performance Specifications
Unambiguity Interval 614 m for up to 0.5 MPts/sec 307 m at 1 MPts/sec 153 m at 2 MPts/sec Range1 White:
0.5 – up to 350 m
Dark-grey:
0.5 – up to 150 m
Black:
0.5 – 50 m
Max Speed Up to 2 MPts/sec
Range Noise1,2,3
White: Dark-grey: Black:
0.1 mm @10 m 0.3 mm @10 m 0.7 mm @10 m
0.2 mm @25 m 0.4 mm @25 m 1.2 mm @25 m
3D Accuracy4 2 mm @10 m 3.5 mm @25 m
Ranging Error5 ±1 mm
Angular Accuracy6 19 arcsec
LaserHDR Yes
Temperature Range7 Operating:
+5 ° to +40 °C
Extended Operating:
-20 ° to +55 °C
Storage:
-10 ° to +60 °C
Additional Features
Dual Axis Compensator Performs a leveling of each scan with an accuracy of 19 arcsec valid within ±2°
Height Sensor Via an electronic barometer, the height relative to a fixed point can be detected and added to a scan
Compass10 The electronic compass gives the scan an orientation GNSS Integrated GPS & GLONASS
On-Site Compensation Creates current quality report and improves compensation automatically
Accessory Bay The accessory bay connects versatile accessories to the scanner
Inverse Mounting Yes
Real-time, On-site Registration Stream App real-time scan streaming, registration, overview map and Sphere cloud upload
Electronic Automation Interface Available as option, only at point of sale Digital Hash Function Scans are cryptographically hashed and signed by the scanner
Rescanning of Distant Targets Defined areas recaptured in higher resolution at a greater distance
Retake Photos Select individual photographs with unwanted objects and retake them
Tripod Safety It is recommended that only one tripod segment is used to maximize scanner stability
General Specifications
Power Supply 19 V (external supply), 14.4 V (internal battery) Typical Power Consumption 19 W idle, 32 W scanning, 72 W charging Typical Battery Operation Time About 4 hours
Typical Scan Time8 About 1 min
Ingress Protection (IP)
Rating Class 54
Humidity Non-condensing
Weight 4.4 kg (including battery)
Size/Dimensions 230 x 183 x 103 mm
Calibration Recommended annually
Manufacturer Warranty 2 years
Additional Performance
Specifications
Color Unit
Color Resolution Up to 266 MPx color
Raw Color
Resolution 867 MPx
HDR Camera 13 MPx - 2x, 3x, 5x brackets
Parallax Minimized due to co-axial design
Deflection Unit
Field of View 300° vertical9 / 360° horizontal
Step Size
0.009° (40,960 Pts on 360°)
vertical / 0.009° (40,960 Pts
on 360°) horizontal
Max. Scan Speed 97 Hz (vertical)
Laser (Optical Transmitter)
Laser Class Laser Class 1
Wavelength 1553.5 nm
Beam Divergence 0.3 mrad (1/e)
Beam Diameter
at Exit 2.12 mm (1/e)
Data Handling and Control
Data Storage
SATA 3.0 SSD 128 GB
and SDXC™ V30 64 GB SD Card;
SD3.0, UHS-I / SDXC™ / SDHC™,
max. 512 GB
Scanner Control
Via touch screen display and
WLAN connection, Control
by FARO Stream App (iOS &
Android) or mobile devices
with HTML5
Interface Connection
WLAN
IEEE 802.11 ac/a/b/g/n 2x2
MIMO, as access point or client in
existing networks (2.4 and 5 GHz)
USB USB 3 port
Focus Premium Specifications
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© 2022 FARO | FARO is a registered trademark of FARO Technologies, Inc. in the United States and other countries.
Revised: 3/18/2022
FARO Global Headquarters
250 Technology Park, Lake Mary, FL 32746, USA
US: 800 736 0234 MX: +52 81 4170 3542
BR: 11 3500 4600 / 0800 892 1192
FARO Europe Regional Headquarters
Lingwiesenstr. 11/2
70825 Korntal-Münchingen, Germany
00 800 3276 7253
FARO Asia Regional Headquarters
No. 3 Changi South Street 2, #01-01 Xilin
Districentre Building B Singapore, 486548
+65 65111350
Local Offices in over 25 countries around the world. Go to www.faro.com to learn more.
A Productivity Workflow Solution
The new FARO Stream mobile app makes the amount of time law enforcement must remain on-scene more productive and safer for everyone. This app gives public safety professionals a new unique capability: the ability to pre-register scans on-site. Once they’ve taken the scan, they can see the scan outlines in real-time and make positional adjustments to ensure all the evidence is accurately captured the first time. It also eliminates the need for an on-scene laptop or return trips. Investigators can also include complementary data like field annotations and photographic images after a scan is complete.
With the Focus Premium and Stream, users can gather data faster and be more confident in the on-scene data evidence they collect.
Contact your local sales representative or visit FARO.com to learn more.
Snap-In Success
The new Focus Premium is also designed to
work seamlessly with the FARO Freestyle 2
Handheld Scanner, thanks to its “Snap-In”
feature. Save the time that is required for
multiple scanner positions when it comes to
scanning complex scenes with multiple pieces
of evidence. Snap-In enables the user to
seamlessly add data starting from a Focus Laser
Scanner point cloud by using it as a reference
for missing data from such hard-to-scan
locations, including areas in shadow and
objects with irregular shapes and sizes.
The two point clouds are then pre-registered in
the same project. Together Focus Premium and
Freestyle 2 achieve what neither tool can do
alone — provide both the speed and granularity
of data capture to ensure that no on-scene
detail is missed.
Streamline Digital Workflows
Whether it’s for crime scene analysts, crash reconstructionists, forensic investigators, or for courtroom testimony and 3D photorealistic visual representations, the new Focus Premium Laser Scanner, paired with Stream, enables enhanced workflow efficiencies that will help public safety professionals provide the closure and answers all parties seek.
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www.faro.com
FARO® Freestyle 2 Handheld Scanner
The Most Portable 3D Scanner for
Fast, Photorealistic 3D Reality Capture
The FARO Freestyle 2 is a superior handheld 3D
scanner designed for professionals who require
quick and easy complete scene documentation.
Delivering fast, photorealistic 3D reality capture
with unparalleled real-time display results,
Freestyle 2 offers total mobility to scan even the
most confined spaces and difficult objects.
Features
Real-Time Visualization
y Display lets you view what you capture as you scan
Wide-Range of Scanning Distances
y Captured 3D Points starts at 0.4 m
y Can be set to a maximum of 10 m
Capture in Variety of Lighting Conditions
y Designed for normally illuminated interiors and outdoors, including in overcast conditions
y Even provides usable data in complete darkness
One-Hand Operation
y Lightweight with no bulky tablet or long cables
Guided Scanning
y Haptic feedback alerts operator when adjustmentsneed to be made to the users scanning technique
y Proprietary tracking engine enables users to make natural movements while scanning
On-Site Compensation
y White-balancing, post-processing can be done at the scene y No annual calibration required
Integrated Training
y Live display of data quality with integrated training videos, and tutorials
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FARO Global Headquarters
250 Technology Park, Lake Mary, FL 32746, USA
US: 800 736 0234 MX: +52 81 4170 3542
BR: 11 3500 4600 / 0800 892 1192
FARO Europe Regional Headquarters
Lingwiesenstr. 11/2
70825 Korntal-Münchingen, Germany
00 800 3276 7253
FARO Asia Regional Headquarters
No. 3 Changi South Street 2, #01-01 Xilin
Districentre Building B Singapore, 486548
+65 65111350
Local offices in over 25 countries around the world. Go to www.faro.com to learn more. © 2021 FARO | FARO is a registered trademark of FARO Technologies, Inc. in the United States and other countries. SFDC_04MKT_380 Revised: 03/18/2021 Benefits
Ultimate Flexibility
y Freestyle 2 is portable, without the need for bulky computers y Self-contained unit gives the freedom to scan around objects or inside spaces
Save Time
y Scan scenes and objects without data voids in minutes y Captures data easily and in more detail in less time
Photorealistic Results
y Get high-quality, colored, 3D data with up to 0.5 mm
accuracy
Confidence in What You Capture
y See a display of data as you capture to ensure you are getting what you need
Easy-to-Learn & Easy-to-Use
y Modern user interface, proprietary tracking algorithms, integrated video tutorials
Performance Specifications
Range 0.4 - 5 m (up to 10 m with limited data quality)
Identifiable feature Up to 0.2 mm
3D point accuracy1 ≤0.5 mm
Long range accuracy2
0.5 mm at 1 m distance
5 mm at 5 m distance
15 mm at 10 m distance
Single image point density Up to 45,000 points/m² in 0.5 m distance Up to 10,500 points/m² in 1 m distance
Acquisition Rate3 Up to 220,000 points/s, point cloud density increases with time Typical Noise4
• 0.3 mm @ 0.4 m distance • 35 mm @ 5 m distance
• 0.75 mm @ 1 m distance • 100 mm @ 10 m distance
• 10 mm @ 3 m distance
Lighting conditions5 Full daylight, 10,000-45,000 lux (reduced performance in direct sunlight) Light source Integrated LED flash
Scan volume 39.5 m³ @ max range 5 m
Typical field of view (HxW)
• 420 mm x 550 mm @ 0.5 m • 2740 mm x 3160 mm @ 3 m
• 930 mm x 1170 mm @ 1 m • 3600 mm x 4160 mm @ 4 m
• 1800 mm x 2160 mm @ 2 m • 4470 mm x 5150 mm @ 5 m
Exposure time 0.1 ms - 7 ms (autoexposure)
Texture color 24 bit
Dimensions 285 mm x 256 mm x 130 mm
Connectivity HDMI, USB 3.0, WiFi
Weight 1.48 kg
IP rating IP 52
Compensation Onsite - with supplied compensation plate
Op temperature range 0 - 40° C
Op humidity range Non-condensing
Eye Safety Class 1 Laser
Wavelength 798-816 nm
1 1 sigma standard deviation measured on reference scales of lengths between 0.3 m and 1 m, in 1 m distance, for a lateral scanner movement of 1 m, using targets for distance measurement | 2 Typical error at measured distances | 3 Point density depends on scanned surface and lighting conditions | 4 RMS | 5 Limited range and point density in sunlight
* Dust protection 5. Water protection 2: Protection against dripping water whilst device in standard idle position with sensor side facing downward.
Mobile PC Specifications
Microsoft Windows 10 pro, 64-Bit Intel ® Core™ i7
256 GB hard disc with 16 GB RAM
HDMI; USB 3.0 ports; WiFi
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1 CITY OF SAN BERNARDINO
GOODS PURCHASE AGREEMENT
This Goods Purchase Agreement (“Agreement”) is entered into this _____ day of __________, 2022, by and between the City of San Bernardino, a charter city and municipal corporation organized under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401, County of San Bernardino, State of California (“City”), and FARO Technologies Incorporated, a Florida corporation with its principal place of business at 125 Technology Park Drive, Lake Mary, Florida, 32746 (“Supplier”). City and Supplier are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
Section 1. DEFINITIONS.
A. “Goods” means all machinery, equipment, supplies, items, parts, materials, labor or other services, including design, engineering and installation services, provided by Supplier as specified in Exhibit “A,” attached hereto and incorporated herein by reference.
B. “Delivery Date(s)” means that date or dates upon which the Goods is to be delivered to City, ready for approval, testing and/or use as specified in Exhibit “B.” Section 2. MATERIALS AND WORKMANSHIP.
When Exhibit “A” specifies machinery, equipment or material by manufacturer, model or trade name, no substitution will be made without City’s written approval.
Machinery, equipment or material installed in the Goods without the approval required by this Section 2 will be deemed to be defective material for purposes of Section 4. Where machinery, equipment or materials are referred to in Exhibit “A” as equal to any particular standard, City will decide the question of equality. When requested by City, Supplier will furnish City with the name of the manufacturer, the performance capabilities and other pertinent information necessary to properly determine the quality and suitability of any machines, equipment and material to be incorporated in the Goods. Material samples will be submitted at City’s request.
Section 3. INSPECTIONS AND TESTS.
City shall have the right to inspect and/or test the Goods prior to acceptance. If upon inspection or testing the Goods or any portion thereof are found to be nonconforming, unsatisfactory, defective, of inferior quality or workmanship, or fail to meet any requirements or specifications contained in Exhibit “A,” then without prejudice to any other rights or remedies, City may reject the Goods or exercise any of its rights under Section 4.C. The inspection, failure to make inspection, acceptance of goods, or payment for goods shall not impair City’s right to reject nonconforming goods, irrespective of City’s failure to notify Supplier of a rejection of nonconforming goods or revocation of acceptance thereof or to specify with particularity any defect in nonconforming goods after
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2 rejection or acceptance thereof.
Section 4. WARRANTY.
A. Supplier warrants that the Goods will be of merchantable quality and free from defects in design, engineering, material, and workmanship for a period of two (2) years, or such longer period as provided by a manufacturer’s vehicle warranty or as agreed to by Supplier and City, from the date of final written acceptance of the Goods by City as required for final payment under Section 7. Supplier further warrants that any services provided in connection with the Goods will be performed in a professional and workmanlike manner and in accordance with the highest industry standards.
B. Supplier further warrants that all machinery, equipment, or process included in the Goods will meet the performance requirements and specifications specified in Exhibit “A” and shall be fit for the purpose intended. City’s inspection, testing, approval, or acceptance of any such machinery, equipment, or process will not relieve Supplier of its obligations under this Section 4.B.
C. For any breach of the warranties contained in Section 4.A and Section 4.B, Supplier will, immediately after receiving notice from City, at the option of City, and at Supplier’s own expense and without cost to City:
1. Repair the defective Goods;
2. Replace the defective Goods with conforming Goods, F.O.B. City’s plant, office or other location of City where the Goods was originally performed or delivered; or
3. Repay to City the purchase price of the defective Goods.
If City selects repair or replacement, any defects will be remedied without cost to City, including but not limited to, the costs of removal, repair, and replacement of the defective Goods, and reinstallation of new Goods. All such defective Goods that is so remedied will be similarly warranted as stated above. In addition, Supplier will repair or replace other items of the Goods which may have been damaged by such defects or the repairing of the same, all at its own expense and without cost to City.
D. Supplier also warrants that the Goods is free and clear of all liens and encumbrances whatsoever, that Supplier has a good and marketable title to same, and that Supplier owns or has a valid license for all of the proprietary technology and intellectual property incorporated within the Goods. Supplier agrees to indemnify, defend, and hold City harmless against any and all third party claims resulting from the breach or inaccuracy of any of the foregoing warranties.
E. In the event of a breach by Supplier of its obligations under this Section 4, City will not be limited to the remedies set forth in this Section 4, but will have all the rights
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3 and remedies permitted by applicable law, including without limitation, all of the rights and remedies afforded to City under the California Commercial Code.
Section 5. PRICES.
Unless expressly provided otherwise, all prices and fees specified in Exhibit “C,” attached hereto and incorporated herein by reference, are firm and shall not be subject to change without the written approval of City. No extra charges of any kind will be allowed unless specifically agreed to in writing by City’s authorized representative. The total price shall include (i) all federal, state and local sales, use, excise, privilege, payroll, occupational and other taxes applicable to the Goods furnished to City hereunder; and (ii) all charges for packing, freight and transportation to destination.
Section 6. CHANGES.
City, at any time, by a written order, and without notice to any surety, may make changes in the Goods, including but not limited to, City’s requirements and specifications.
If such changes affect the cost of the Goods or time required for its performance, an equitable adjustment will be made in the price or time for performance or both. Any change in the price necessitated by such change will be agreed upon between City and Supplier and such change will be authorized by a change order document signed by City and accepted by Supplier.
Section 7. PAYMENTS.
A. Terms of payment, are net thirty (30) days, less any applicable retention, after receipt of invoice, or completion of applicable Progress Milestones. Final payment shall be made by City after Supplier has satisfied all contractual requirements. Payment of invoices shall not constitute acceptance of Goods.
B. If Progress Milestones have been specified in Exhibit “B,” then payments for the Goods will be made as the requirements of such Progress Milestones are met.
Progress payments for the Goods will be made by City upon proper application by Supplier during the progress of the Goods and according to the terms of payment as specified in Exhibit “B.” Supplier’s progress billing invoice will include progress payments due for the original scope of work and changes. Each “Item for Payment” shown in Exhibit “B” and each change order will be itemized on the invoice. Invoices for cost plus work, whether part of Exhibit “B” or a change order, must have subcontractor and/or supplier invoices attached to Supplier’s invoice. Other format and support documents for invoices will be determined by City in advance of the first invoice cycle.
C. Payments otherwise due may be withheld by City on account of defective Goods not remedied, liens or other claims filed, reasonable evidence indicating probable filing of liens or other claims, failure of Supplier to make payments properly to its subcontractors or for material or labor, the failure of Supplier to perform any of its other obligations under the Agreement, or to protect City against any liability arising out of Supplier’s failure to pay or discharge taxes or other obligations. If the causes for which
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4 payment is withheld are removed, the withheld payments will be made promptly. If the said causes are not removed within a reasonable period after written notice, City may remove them at Supplier’s expense.
D. Payment of the final Progress Milestone payment or any retention will be made by City upon:
1. Submission of an invoice for satisfactory completion of the requirements of a Progress Milestone as defined in Exhibit “B” and in the amount associated with the Progress Milestone;
2. Written acceptance of the Goods by City;
3. Delivery of all drawings and specifications, if required by City;
4. Delivery of executed full releases of any and all liens arising out of this Agreement; and
5. Delivery of an affidavit listing all persons who might otherwise be entitled to file, claim, or maintain a lien of any kind or character, and containing an averment that all of the said persons have been paid in full.
If any person refuses to furnish an actual release or receipt in full, Supplier may furnish a bond satisfactory to City to indemnify City against any claim or lien at no cost to City.
E. Acceptance by Supplier of payment of the final Progress Milestone payment pursuant to Section 7.D will constitute a waiver, release and discharge of any and all claims and demands of any kind or character which Supplier then has, or can subsequently acquire against City, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement. However, payment for the final Progress Milestone by City will not constitute a waiver, release or discharge of any claims or demands which City then has, or can subsequently acquire, against Supplier, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement.
Section 8. SCHEDULE FOR DELIVERY.
A. The time of Supplier’s performance is of the essence for this Agreement.
The Goods will be delivered in accordance with the schedule set forth in Exhibit “B.” Supplier must immediately notify City in writing any time delivery is behind schedule or may not be completed on schedule.
B. In the event that the Goods is part of a larger project or projects that require the coordination of multiple contractors or suppliers, then Supplier will fully cooperate in
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5 scheduling the delivery so that City can maximize the efficient completion of such project(s).
Section 9. TAXES.
A. Supplier agrees to timely pay all sales and use tax (including any value added or gross receipts tax imposed similar to a sales and use tax) imposed by any federal, state or local taxing authority on the ultimate purchase price of the Goods provided under this Agreement.
B. Supplier will withhold, and require its subcontractors, where applicable, to withhold all required taxes and contributions of any federal, state or local taxing authority which is measured by wages, salaries or other remuneration of its employees or the employees of its subcontractors. Supplier will deposit, or cause to be deposited, in a timely manner with the appropriate taxing authorities all amounts required to be withheld.
C. All other taxes, however denominated or measured, imposed upon the price of the Goods provided hereunder, will be the responsibility of Supplier. In addition, all taxes assessed by any taxing jurisdiction based on Supplier property used or consumed in the provision of the Goods such as and including ad valorem, use, personal property and inventory taxes will be the responsibility of Supplier.
D. Supplier will, upon written request, submit to City written evidence of any filings or payments of all taxes required to be paid by Supplier hereunder.
Section 10. INDEPENDENT CONTRACTOR.
Supplier enters into this Agreement as an independent contractor and not as an employee of City. Supplier shall have no power or authority by this Agreement to bind City in any respect. Nothing in this Agreement shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Supplier are employees, agents, contractors or subcontractors of the Supplier and not of City. City shall not be obligated in any way to pay any wage claims or other claims made against Supplier by any such employees, agents, contractors or subcontractors or any other person resulting from performance of this Agreement.
Section 11. SUBCONTRACTS.
Unless otherwise specified, Supplier must obtain City’s written permission before subcontracting any portion of the Goods. Except for the insurance requirements in Section 13.A, all subcontracts and orders for the purchase or rental of supplies, materials or equipment, or any other part of the Goods, will require that the subcontractor be bound by and subject to all of the terms and conditions of the Agreement. No subcontract or order will relieve Supplier from its obligations to City, including, but not limited to Supplier’s insurance and indemnification obligations. No subcontract or order will bind City.
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6 Section 12. TITLE AND RISK OF LOSS.
Unless otherwise agreed, City will have title to, and risk of loss of, all completed and partially completed portions of the Goods upon delivery, as well as materials delivered to and stored on City property which are intended to become a part of the Goods. However, Supplier will be liable for any loss or damage to the Goods and/or the materials caused by Supplier or its subcontractors, their agents or employees, and Supplier will replace or repair said Goods or materials at its own cost to the complete satisfaction of City. Notwithstanding the foregoing, in the event that the City has paid Supplier for all or a portion of the Goods which remains in the possession of Supplier, then City shall have title to, and the right to take possession of, such Goods at any time following payment therefor. Risk of loss for any Goods which remains in the possession of Supplier shall remain with Supplier until such Goods has been delivered or City has taken possession thereof. Supplier will have risk of loss or damage to Supplier’s property used in the construction of the Goods but which does not become a part of the Goods.
Section 13. INDEMNIFICATION.
A. Supplier shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence or willful misconduct of Supplier, its officials, officers, employees, agents, subcontractors and subconsultants arising out of or in connection with the Goods or the performance of this Agreement, including without limitation the payment of all consequential damages and attorneys’ fees and other related costs and expenses except such loss or damage which was caused by the sole negligence or willful misconduct of the City.
B. Supplier’s defense obligation for any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, employees, agents, or volunteers shall be at Supplier’s own cost, expense, and risk. Supplier shall pay and satisfy any judgment, award, or decree that may be rendered against City or its officials, officers, employees, agents, or volunteers, in any such suit, action, or other legal proceeding. Supplier shall reimburse City and its officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.
C. Supplier’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers.
Section 14. INSURANCE.
A. General. Supplier shall take out and maintain:
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7 1. Commercial General Liability Insurance, of at least $2,000,000 per occurrence/ $4,000,000 aggregate for bodily injury, personal injury and property damage, at least as broad as Insurance Services Office Commercial General Liability most recent Occurrence Form CG 00 01;
2. Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, of at least $1,000,000 per accident for bodily injury and property damage, at least as broad as most recent Insurance Services Office Form Number CA 00 01 covering automobile liability, Code 1 (any auto);
3. Workers’ Compensation in compliance with applicable statutory requirements and Employer's Liability Coverage of at least $1,000,000 per occurrence; and
4. Pollution Liability Insurance of at least $1,000,000 per occurrence and $2,000,000 aggregate shall be provided by the Supplier if transporting hazardous materials.
5. If Supplier is also the manufacturer of any equipment included in the Goods, Supplier shall carry Product Liability and/or Errors and Omissions Insurance which covers said equipment with limits of not less than $1,000,000.
6. Privacy/Network Security (Cyber Liability), of at least $1,000,000 per occurrence and aggregate for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and (4) the introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City.
B. Additional Insured; Primary; Waiver of Subrogation; No Limitation on Coverage. The policies required under this Section shall give City, its officials, officers, employees, agents or volunteers additional insured status. Such policies shall contain a provision stating that Supplier’s policy is primary insurance and that any insurance, self- insurance or other coverage maintained by the City or any additional insureds shall not be called upon to contribute to any loss, and shall contain or be endorsed with a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers. The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.
Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as additional insured pursuant to this Agreement.
C. Insurance Carrier. All insurance required under this Section is to be placed with insurers with a current A.M. Best’s rating no less than A-:VII, licensed to do business in California, and satisfactory to the City.
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8 D. Evidence of Insurance. Supplier shall furnish City with original certificates of insurance and endorsements effecting coverage required by the Agreement. 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 supplied or approved by the City. All certificates and endorsements must be received and approved by the City before delivery commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
E. Subcontractors. All subcontractors shall meet the requirements of this Section before commencing work. In addition, Supplier shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
F. Freight. Supplier shall ensure that third party shippers contracted by Supplier have adequate insurance coverage for the shipped Goods.
Section 15. LIENS.
A. Supplier, subcontractors and suppliers will not make, file or maintain a mechanic’s or other lien or claim of any kind or character against the Goods, for or on account of any labor, materials, fixtures, tools, machinery, equipment, or any other things furnished, or any other work done or performance given under, arising out of, or in any manner connected with the Agreement (such liens or claims referred to as “Claims”); and Supplier, subcontractor and suppliers expressly waive and relinquish any and all rights which they now have, or may subsequently acquire, to file or maintain any Claim and Supplier, subcontractor and suppliers agree that this provision waiving the right of Claims will be an independent covenant.
B. Supplier will save and hold City harmless from and against any and all Claims that may be filed by a subcontractor, supplier or any other person or entity and Supplier will, at its own expense, defend any and all actions based upon such Claims and will pay all charges of attorneys and all costs and other expenses arising from such Claims.
Section 16. TERMINATION OF AGREEMENT BY CITY.
A. Should Supplier at any time refuse or fail to deliver the Goods with promptness and diligence, or to perform any of its other obligations under the Agreement, City may terminate Supplier’s right to proceed with the delivery of the Goods by written notice to Supplier. In such event City may obtain the Goods by whatever method it may deem expedient, including the hiring of another contractor or other contractors and, for that purpose, may take possession of all materials, machinery, equipment, tools and appliances and exercise all rights, options and privileges of Supplier. In such case Supplier will not be entitled to receive any further payments until the Goods is delivered.
If City’s cost of obtaining the Goods, including compensation for additional managerial
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9 and administrative services, will exceed the unpaid balance of the Agreement, Supplier will be liable for and will pay the difference to City.
B. City may, for its own convenience, terminate Supplier’s right to proceed with the delivery of any portion or all of the Goods by written notice to Supplier. Such termination will be effective in the manner specified in such notice, will be without prejudice to any claims which City may have against Supplier, and will not affect the obligations and duties of Supplier under the Agreement with respect to portions of the Goods not terminated.
C. On receipt of notice under Section 16.B, Supplier will, with respect to the portion of the Goods terminated, unless the notice states otherwise,
1. Immediately discontinue such portion of the Goods and the placing of orders for materials, facilities, and supplies in connection with the Goods,
2. Unless otherwise directed by City, make every reasonable effort to procure cancellation of all existing orders or contracts upon terms satisfactory to City; and
3. Deliver only such portions of the Goods which City deems necessary to preserve and protect those portions of the Goods already in progress and to protect material, plant and equipment at the Goods site or in transit to the Goods site.
D. Upon termination pursuant to Section 16.B, Supplier will be paid a pro rata portion of the compensation in the Agreement for any portion of the terminated Goods already delivered, including material and services for which it has made firm contracts which are not canceled, it being understood that City will be entitled to such material and services. Upon determination of the amount of said pro rata compensation, City will promptly pay such amount to Supplier upon delivery by Supplier of the releases of liens and affidavit, pursuant to Section 7.C.
Section 17. FORCE MAJEURE
A. Supplier shall not be held responsible for failure or delay in shipping nor City for failure or delay in accepting goods described herein if such failure or delay is due to a Force Majeure Event.
B. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of Supplier and its subcontractors, of every tier, and to the extent the effects
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10 thereof cannot be avoided by use of replacement workers. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority.
C. In the event of any such excused interference with shipments, City shall have the option either to reduce the quantity provided for in the order accordingly or to exercise its right of cancellation as set forth in this Agreement.
Section 18. MISCELLANEOUS PROVISIONS.
A. Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address or at such other address as the respective parties may provide in writing for this purpose:
CITY:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: Lieutenant Michele Mahan
With Copy To:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
SUPPLIER:
FARO Technologies Incorporated
125 Technology Park Drive
Lake Mary, Florida, 32745
Attn: Christopher Taylor
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
B. Assignment or Transfer. Supplier shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of the City, which will not be unreasonably withheld. Provided, however, that claims for money due or to become due Supplier from the City under this Agreement may be assigned to a financial institution or to a trustee in bankruptcy, without such approval.
Notice of any assignment or transfer, whether voluntary or involuntary, shall be furnished promptly to the City.
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11 C. Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties.
D. Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
E. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.
F. Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County.
G. Attorneys’ Fees and Costs. If any action in law or equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, each Party shall pay its own attorneys’ fees.
H. Interpretation. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party.
I. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
J. Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement and bind each respective Party.
K. Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
L. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
M. City’s Right to Employ Other Suppliers. City reserves its right to employ other contractors in connection with the Goods.
N. Entire Agreement. This Agreement constitutes the entire agreement between the Parties relative to the Goods specified herein. There are no understandings, agreements, conditions, representations, warranties or promises with respect to this Agreement, except those contained in or referred to in the writing.
O. Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered
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12 as an original signature for all purposes and shall have the same force and effect as an original signature.
[SIGNATURES ON FOLLOWING PAGE]
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13 SIGNATURE PAGE TO GOODS PURCHASE AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND UAG CERRITOS I, LLC
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first above written.
CITY OF SAN BERNARDINO
APPROVED BY:
Robert D. Field
City Manager
ATTESTED BY:
Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
SUPPLIER
FARO TECHNOLOGIES INC.
Signature
Name
Title
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14 Exhibit A
Goods Specifications
LASER SCANNING STATION with the below listed features or capabilities:
•350 meter scan radius
•Combines multiple scaned images into one completed diagram or 3D representation of the location or item scanned
•Adjustable image resolution settings
•Capable of scanning in black and white or full color
•Sufficient data storage to allow for all scan data from a project to be stored on the device or in a memory card located in the device.
•Includes a USB port for data transfer
•Includes a separate control module, a control screen mounted on the scanning device, or is capable of remote control through a smart device •Includes a tripod to mount the base station onto
•Weight of 5 kg or less
•Water resistant
•Capable of operation in high heat weather conditions
•Includes a height sensor and internal compass
•Rechargable battery that will power the device for a minimum of four hours •Warranty for a minimum of one year
PORTABLE LASER SCANNER with the below listed features or capabilities:
•5 meter scaning range
•Combines multiple scaned images into one completed diagram or 3D representation of the location or item scanned
•Images scanned with portable laser scanner can be incoporated with full sized laser scanning station referenced in above section
•Adjustable image resolution settings
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15 •Capable of scanning in black and white or full color •Sufficient data storage to allow for all scan data from a project to be stored on the device or in a memory card located in the device.
•Includes a control screen mounted on the scanning device •Weighs 2kg or less
•Water resistant
•Capable of operation in high heat weather conditions
•Includes a height sensor and internal compass
•Rechargable battery that will power the device for a minimum of four hours •Warranty for a minimum of one year
SOFTWARE related to the devices should support the following activities:
•Includes access to software necessary to process recorded data and convert it into images into diagrams and/or 3D representations.
•Software allows diagrams and 3D images to be downloaded and saved on a separate device
TRAINING related to the devices should include the following:
•Training in the use of both devices
•Training in the use of software and creation diagrams and 3D images
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16 Exhibit B
Delivery Schedule
Equipment shall be delivered to the San Bernardino Police Department at 710 N. D Street, San Bernardino, CA 92401 within 30 days of issuance of a purchase order.
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17 Exhibit C
Fee Schedule
[ATTACHED]
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8 CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: August 17, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager;
Daniel Hernandez, Agency Director of Public Works, Operations, and Maintenance
Department: Public Works
Subject: Construction Contract Award for Various Improvements (All Wards)
Recommendation
Adopt Resolution No. 2022-182 of the Mayor and City Council of the City of San Bernardino, California:
1. Approving the award of a construction contract with Tryco General Engineering in the amount of $238,780 to provide City Wide Bus Stop Improvements; and
2. Authorizing the Agency Director of Administrative Services to record an amendment from the Measure I Fund to allocate an additional $94,500 to fund the project; and
3. Authorizing construction, contingencies, and inspection costs in the total amount of $271,500 for City Wide Bus Stop Improvements; and
4.Authorizing the City Manager or designee to execute all documents for the construction of the bus stops, the Blair Park fitness pad and the Mobile Veterinary Vehicle parking pad; and
5. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the projects.
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8 Background
The Public Works Department is responsible for maintaining several bus stops located throughout the city. The locations include Kendall Drive at Brookfield Street, Kendall Drive at Lakewood Drive, E Street at 36th Street, and Rialto Avenue at Macy Street.
These bus stops have deteriorated and require ADA access improvements.
On November 3, 2021, the SBCTA Board of Directors approved funding from the Transportation Development Act (TDA), Article 3 Transit Stop Access Program, for Accessibility Improvements for the City of San Bernardino Bus Stops Project in an amount of $50,800 with a local match required from the City in the amount of $10,200.
On May 4, 2022, the Mayor and City Council of the City of San Bernardino accepted Article 3 Grant Funds, for the Transit Stop Access Program in the amount of $50,800 with a local match of $10,200 from the Measure I fund for a total project budget of $61,000.
During the preparation of the bid documents, Engineering staff was approached by the Parks and Recreation Department to request the addition of a concrete pad for the fitness center at Blair Park. Parks and Recreation received grant funding in the amount of $130,000 to complete the requested concrete pad. The City Council accepted the grant funding on February 16, 2022.
Additionally, the Animal Services Department requested that the Engineering Department include a parking pad for the Animal Services Mobile Veterinary Vehicle that is expected to be completed by mid-2023. Animal Services received grant funding in the amount of $825,000 from the San Manuel Band of Mission Indians, part of which will fund the purchase of the unit and build the pad, as well as provide other services for the community. The City Council accepted the grant funding on February 16, 2022.
To summarize, the initial scope of work was to improve bus pads at the following locations:
Rialto and Macy – WB (Ward 3)
Kendall and Lakewood – EB (Ward 5)
Kendall and Brookfield – EB (Ward 5)
E Street and 36th Street - NB (Ward 7)
Project Additions include the following:
Animal Shelter Veterinary Mobile Vehicle Pad (All Wards) Blair Park National Fitness Campaign Pad (Ward 5)
Staff prepared plans and specifications for the Citywide Bus Stop Improvements Project. The proposed expanded scope of work takes advantage of economies of scale, allowing the City to contract once for similar work in several departments.
Overall, the work consists of various improvements, including clearing and grubbing,
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8 removal and construction of various concrete improvements such as concrete slabs, curb and gutter, sidewalk, curb ramps, and bus door landing areas, and all related work as specified on the plans and specifications.
Discussion
Project 13507 was advertised for public bidding on June 7, 2022, and June 14, 2022, in the San Bernardino County Sun Newspaper and on May 25, 2022, in the Construction Bid Board and Bid America Online.
Sealed bids were received and opened on June 30, 2022. The City received two bids as follows:
Bidder City Base Bid
Tryco General Engineering Rimforest $238,780
DM Engineering Colton $754,795
The City reviewed the bid packages and confirmed that Tryco General Engineering, of Rimforest, California, is the lowest responsible and responsive bidder, with a total bid amount of $238,780.
2021-2025 Key Strategic Targets and Goals
This project is consistent with Key Target No. 1e: Improve Operational & Financial Capacity – Minimize risk and litigation exposure. approval of this resolution will result in public improvements being constructed that minimize risk and litigation exposure by improving travel surfaces and bringing bus stops into ADA compliance.
Fiscal Impact
The project costs and associated funding are outlined in the table below.
Estimated Project Cost
Total Bid Amount $ 238,780
Construction Contingency $ 23,720
Engineering and Inspections $ 9,000
Total Contract Work $ 271,500
The lowest bid, with project contingency and engineering inspections, reflect a total project cost of $282,680.
Funding
Citywide Bus Stop Improvements (Grant Funds) $ 50,800 Citywide Bus Stop Improvements (Measure I Local Match) $ 10,200 Animal Shelter Veterinary Mobile (San Manuel Grant) $ 66,000 Blair Park Fitness Court (Parks and Recreation Grant) $ 50,000
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8 Budget Amendment Needed $ 94,500
Total Available Project Funding $ 271,500
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Approving the award of a construction contract with Tryco General Engineering in the amount of $238,780 to provide City Wide Bus Stop Improvements; and
2. Authorizing the Agency Director of Administrative Services to record an amendment from the Measure I Fund to allocate an additional $94,500 to fund the project; and
3. Authorizing construction, contingencies, and inspection costs in the total amount of $271,500 for the City-Wide Bus Stop Improvements; and
4. Authorizing the City Manager or designee to execute all documents for the construction of the bus stops, the Blair Park fitness pad and the Mobile Veterinary Vehicle parking pad; and
5. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the projects.
Attachments
Attachment 1 Resolution No. 2022-182
Attachment 2 Resolution No. 2022-182; Exhibit A – Contract Agreement Attachment 3 Bid Tabulation
Attachment 4 Tryco General Engineering Bid
Attachment 5 Location Map
Ward
All Wards
Synopsis of Previous Council Actions
June 16, 2021 Mayor and City Council adopted Resolution No. 2021-138 approving Capital Improvement Program FY 2021/22
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Resolution No. 2022-182
Resolution 2022-182
August 17, 2022
5 3
6 RESOLUTION NO. 2022-182
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE AWARD OF A CONSTRUCTION
CONTRACT WITH TRYCO GENERAL ENGINEERING, IN
THE AMOUNT OF $238,780 TO PROVIDE CITY WIDE BUS
STOP IMPROVEMENTS; AUTHORIZING THE AGENCY
DIRECTOR OF ADMINISTRATIVE SERVICES TO
RECORD AN AMENDMENT FROM THE MEASURE I
FUND TO ALLOCATE AN ADDITIONAL $89,500 TO FUND
THE PROJECT; AUTHORIZING CONSTRUCTION,
CONTINGENCIES AND INSPECTION COSTS IN THE
TOTAL AMOUNT OF $271,500 FOR THE CITY WIDE BUS
STOPS IMPROVEMENTS; AUTHORIZING THE CITY
MANAGER OR DESIGNEE TO EXECUTE ALL
DOCUMENTS FOR THE CONSTRUCTION OF THE CITY
WIDE BUS STOP IMPROVEMENTS; AND AUTHORIZING
THE CITY MANAGER OR DESIGNEE TO EXPEND THE
CONTINGENCY FUND, IF NECESSARY, TO COMPLETE
THE PROJECT
WHEREAS, the City is responsible for maintaining bus stops to Kendall Drive at Brookfield Street, Kendall Drive at Lakewood Drive, E Street at 36th Street, Rialto Avenue at Macy Street,
WHEREAS, the Parks and Recreation Department desired to include the concrete pad for the fitness center at Blair Park, and Animal Control desired to include a parking pad for the Animal Veterinary Mobile Vehicle.
WHEREAS, on June 16, 2021, the Mayor and City Council adopted Resolution No. 2021- 138 approving the FY 2021/2022 Capital Improvement Plan (CIP), establishing the funding for the construction of Kendall Drive at Brookfield Street, Kendall Drive at Lakewood Drive, E Street at 36th Street, Rialto Avenue at Macy Street, Animal Shelter Veterinary Mobile Vehicle Pad and Blair Park National Fitness Campaign Pad Improvements project; and WHEREAS, on June 9, 2022, staff administered a competitive process for Construction of Kendall Drive at Brookfield Street, Kendall Drive at Lakewood Drive, E Street at 36th Street, Rialto Avenue at Macy Street, Animal Shelter Veterinary Mobile Vehicle Pad and Blair Park National Fitness Campaign Pad Improvements Project No.13507 (“Project”) resulting in two bids submittals; and
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Resolution No. 2022-182
Resolution 2022-182
August 17, 2022
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6 WHEREAS, Tryco General Engineering, California, has been determined to be the lowest responsible and responsive bidder; and
WHEREAS, the City now wishes to enter into a Construction Agreement with Tryco General Engineering of Rimforest, California, in the amount of $238,780 to complete the Project.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2.The Mayor and City Council hereby authorize the City Manager, or designee, to execute all documents for the construction of Kendall Drive at Brookfield Street, Kendall Drive at Lakewood Drive, E Street at 36th Street, Rialto Avenue at Macy Street, Animal Shelter Veterinary Mobile Vehicle Pad and Blair Park National Fitness Campaign Pad Improvements Project No.13507on behalf of the City and to expend contingency funds, if necessary, to complete the Project.
SECTION 3.The Mayor and City Council hereby authorize the Agency Director of Administrative Services to appropriate funds in the amount of $89,500 from Measure I Fund saving to fund the Project.
SECTION 4. The Mayor and City Council hereby authorize the Agency Director of Administrative Services to issue a purchase order in the amount of $238,780 to Tryco General Engineering (not including contingencies or Inspection and testing), of Rimforest, California, in support of the Construction Agreement.
SECTION 5. As the decision-making body for the project, the City Council has reviewed and considered the information contained in the administrative record for the proposed project.
Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the City Council, the City Council finds, as follows:
(1) The administrative record has been completed in compliance with CEQA, the State CEQA Guidelines, and the City’s Local CEQA Guidelines;
(2) The proposed project is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15301 (Class 1 – Existing Facilities) of the CEQA Guidelines because it involves parking lots improvements . Additionally, the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
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Resolution No. 2022-182
Resolution 2022-182
August 17, 2022
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6 (3) The application of the Class 1 categorical exemption is not barred by one of the exceptions set forth in the CEQA Guidelines Section 15300.2 renovation of parking lots does not present any unusual circumstances; would not damage scenic resources, including any resources in the area of a Scenic Highway; would not be utilized on a hazardous waste site; and would not impact historic resources of any kind; and
(4) The determination of CEQA exemption reflects the independent judgment of the City Council.
SECTION 6.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 7. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 17th day of August 2022.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2022-182
Resolution 2022-182
August 17, 2022
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6 CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-182, adopted at a regular meeting held on the 17th day of August 2022 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2022.
Genoveva Rocha, CMC, City Clerk
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Improvement Boundaries
Kendall Dr @ Brookfield St, Eastbound Bus Stop
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Improvement Boundaries
Kendall Dr @ Lakewood Dr, Eastbound Bus Stop
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Improvement Boundaries
N E St @ W 36th St, Northbound Bus Stop
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Improvement Boundaries
W Rialto Ave @ S Macy St, Westbound Bus Stop
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Improvement Boundaries
San Bernardino City Animal Shelter, 333 Chandler Pl
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Improvement Boundaries
Blair Park, 1466 W Marshall Blvd
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6 1
6 Consent Calendar
City of San Bernardino
Request for Council Action
Date: August 17, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
Daniel Hernandez, Agency Director of Public Works,
Operations and Maintenance
Subject: Professional Services Agreements - On-Call Inspection Services
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the award of a one-year Professional Services Agreements with the firms of Z&K Consultants, GK & Associates, and Infrastructure Engineers, to provide as- needed, on-call Inspection Services and authorize the City Manager, or designee, to sign and execute the agreements.
Background
The Engineering Division of the Public Works Department is responsible for planning and implementing the City’s Capital Improvement Program (CIP), which is adopted annually by the Mayor and Council. This program, in general, consists of design and construction of roads, bridges, buildings, grading, drainage, landscaping, handicap ramps, and other public improvements.
In an effort to continue responsive customer service to the public and development community, increasing inspections services will lead to better customer service to the public and development community. Occasionally for construction of a project, additional inspection expertise is needed to ensure Capital Improvement Project contractors are in compliance with specifications and techniques.
Discussion
On May 10, 2022, Public Works requested proposals to provide on-call Inspection Services for Capital Improvement Program projects. Eight (8) responses to the RFP were received on June 2, 2022. The following are the firms that responded to the RFP:
1- Z&K Consultants
2- Infrastructure Engineers
3- G&K Associates
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6 1
6 4- South Star Engineering
5- FCG Consultants
6- RMA Groupe
7- Khoury Engineering
8- Hilltop Geotechnical
The proposals from the firms were evaluated by staff based on several criteria including:
•Understanding of the work to be performed
•Experience with similar kinds of work (including experience with the City) •Qualifications of key personnel
•Rates
•Familiarity with state and federal procedures
•Financial responsibility
•Demonstrated technical ability
A selection committee consisting of management level staff reviewed the eight proposals and three firms were selected to advance to the next phase.
The top three firms (Z&K Consultants, GK & Associates and Infrastructure Engineers) were interviewed and chosen to provide the services. All three firms received superior ratings in the areas of related experience, adequacy of staff, and completion schedule.
To provide for the needed on-call Inspection Services, it is recommended that multiple agreements be awarded to maintain efficient service to the City; if the demand for Inspection Services increases and the availability of one firm is hindered, staff can defer to one of the approved firms without delays. Each firm charges an hourly rate of $115.00, which is all inclusive.
The agreements as proposed will expire on August 17, 2023, unless earlier terminated.
Subject to agreement of the parties in writing, the agreements may be administratively extended by the City Manager, or designee, for a maximum of four additional one-year terms, unless terminated early by cause. All work will only be authorized on an as-needed basis.
2021-2025 Key Strategic Targets and Goals
This project is consistent with Key Target No. 4: Ensure Development of a Well-Planned Balanced and Sustainable City since it will contribute to well-maintained streets for sustained economic growth.
Fiscal Impact
Z&K Consultants, GK & Associates, and Infrastructure Inspection Services will be paid through various CIP projects budget. Each firm shall receive compensation, including authorized reimbursements, for all services rendered under their respective agreement.
Task Orders will comply with the City’s procurement guidelines.
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6 Conclusion
It is recommended the Mayor and City Council of the City of San Bernardino, California, approve the award of a one-year Professional Services Agreements with the firms of Z&K Consultants, GK & Associates, and Infrastructure Engineers, to provide as-needed, on- call Inspection Services and authorize the City Manager, or designee, to sign and execute the agreements.
Attachments
Attachment 1 Agreement with Z&K Consultants
Attachment 2 Agreement with GK & Associates
Attachment 3 Agreement with Infrastructure Engineers
Ward: All
Synopsis of Previous Council Actions: None
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1 ON-CALL PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND Z&K CONSULTANTS, INC.
This Agreement is made and entered into as of August 17, 2022 by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and Z&K Consultants, Inc., a California Corporation with its principal place of business at 473 E Carnegie Drive, San Bernardino, CA 92408 (hereinafter referred to as “Consultant”).
City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.”
RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:
As-Needed On-Call Inspection Services (hereinafter referred to as “the Project”).
B. Consultant is duly licensed and has the necessary qualifications to provide such services.
C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
AGREEMENT
1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated herein by this reference.
2. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.” The services shall be more particularly described in the individual Task Order issued by the City or its designee. No services shall be performed unless authorized by a fully executed Task Order in the form attached hereto as Exhibit “B”.
3. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel identified in their proposal. Consultant warrants that Consultant is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant further represents that no City employee will provide any services under this Agreement.
4. Compensation.
a. Consultant shall receive compensation, including authorized reimbursements, for all services rendered under this Agreement at the rates set forth in
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2 the Schedule of Charges attached hereto as Exhibit “A” and incorporated herein by this reference. The maximum compensation for services to be provided pursuant to each Task Order shall be set forth in the relevant Task Order. b. The City will not pay any additional fees for printing expenses.
Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction.
City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.
5. Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
6. Term. The term of this Agreement shall be from August 17, 2022 to August 17, 2023, unless earlier terminated as provided herein. Consultant shall complete the services within the term of this Agreement and shall meet any other established schedules and deadlines set forth in each individual Task Order issued by the City. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement.
a. Extension Options. The term of this Agreement may be administratively extended by the City Manager or his designee, for a maximum of four additional one-year terms.
7. Maintenance of Records; Audits.
a. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times for a period of four (4) years from the Effective Date.
b. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.
8. Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of a Task Order from the City to proceed.
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3 9. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay.
c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.
10. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements.
b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies.
c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.
11. Standard of Care. Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.
12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the City.
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4 13. City Business Certificate. Consultant shall, prior to execution of this Agreement, obtain and maintain during the term of this Agreement a valid business registration certificate from the City pursuant to Title 5 of the City’s Municipal Code and any and all other licenses, permits, qualifications, insurance, and approvals of whatever nature that are legally required of Consultant to practice his/her profession, skill, or business.
14. Assignment and Subconsultant. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.
15. Independent Consultant. Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. Any personnel performing the work governed by this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.
16. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Additional Insured
The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. b. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall
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5 be at least as broad as the following:
Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX)
exclusion deleted
(7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its elected and appointed officials, officers, employees, agents, and City-designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured.
c. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status.
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6 (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. d. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend.
f. Privacy/Network Security (Cyber)
At all times during the performance of work under this Agreement, the Designer shall maintain privacy/network security insurance, in a form and with insurance companies acceptable to the City, for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and (4) the introduction, implantation or spread of malicious software code.
g. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single Limit
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7 Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal
injury, and property damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
Cyber Liability $1,000,000 per occurrence and
aggregate
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.
h. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
i. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary
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8 insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims- made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. j. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or
companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. k. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance
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9 it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. l. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.
17. Indemnification .
a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers.
Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement.
b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability
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10 for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
18. California Labor Code Requirements. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).
If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements.
19. Verification of Employment Eligibility. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.
20. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California.
21. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days’ written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned.
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11 City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.
22. 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’s Office in enforcing this Agreement on behalf of the City shall be considered as “attorneys’ fees” for the purposes of this Agreement.
23. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant’s professional services occurs, Consultant shall, at no cost to City, provide all other services necessary to rectify and correct the matter to the sole satisfaction of the City and to participate in any meeting required with regard to the correction.
24. Prohibited Employment. Consultant shall not employ any current employee of City to perform the work under this Agreement while this Agreement is in effect.
25. Costs. Each Party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.
26. Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.
27. Organization. Consultant shall assign Crystal Fraire as Project Manager.
The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.
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12 28. Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above.
29. Notice. Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the following addresses and shall be effective upon receipt thereof:
CITY:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Manager
With Copy To:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
CONSULTANT:
Z&K Consultants
473 E Carnegie Drive
San Bernardino, CA 92408
Attn: Crystal Fraire, President
30. Third Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.
31. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non- discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
32. Entire Agreement. This Agreement, including Exhibit “A,” represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises, or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement.
33. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, 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.
34. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns
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13 of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.
35. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
36. Time of Essence. Time is of the essence for each and every provision of this Agreement.
37. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain, or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.
38. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement.
39. City’s Right to Employ Other Consultants. City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.
40. Prohibited Interests. Consultant maintains and warrants that it has neither employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
41. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single Agreement.
42. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement.
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14 43. Order of Precedence.
The following order and succession of the referenced documents shall govern in the event of conflict between documents:
1. Amendment(s)
2. This Agreement
3. Task Orders
44. Electronic Signatures. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature
[SIGNATURES ON FOLLOWING PAGE]
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15 SIGNATURE PAGE FOR ON-CALL PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND Z&K CONSULTANTS, INC.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
CITY OF SAN BERNARDINO
APPROVED BY:
Robert D. Field
City Manager
ATTESTED BY:
Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
CONSULTANT
Z&K CONSULTANTS, INC.
Signature
Name
Title
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16 EXHIBIT A
Scope of Services / Schedule of Charges and Payments / Activity Schedule
[ATTACHED]
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Z&K Consultants, Inc | 473 E Carnegie Drive, San Bernardino, CA 92408 | www.zandkconsultants.com COST PROPOSAL June 2, 2022 Issa Saed, PE, Principal Civil Engineer City of San Bernardino Public Works Department, Engineering Division 201 North “E” Street, 2nd Floor San Bernardino, CA 92418 SUBJECT: REQUEST FOR PROPOSALS FOR CITY OF SAN BERNARDINO TO PROVIDE STAFF AUGMENTATION FOR CAPITAL IMPROVEMENT PROJECTS INSPECTION SERVICES Mr. Saed, Z&K Consultants based our proposal on the scope of work provided in the Request for Proposals. The below hourly rates are all-inclusive rates for regular hours. The hourly rates include costs and expenses related to mileage, transportation, cell phone, laptop, tablets, etc. Below is a table with the hourly rate schedule. A – Hourly Rates* - Construction Inspector (Reg) .................................................................................................................................. $115 *Hourly rates are subject to a 3% per annum. Hourly rate increases will take place on the first day of each year. Hourly Rates are fully burdened, including all overhead and profit. All prevailing wage requirements will be followed by the team. All team members are in conformance with the State of California Labor compliance requirements. This offer shall remain firm for 90 days from the RFP close date. The payment terms shall be net thirty (30) days. Hourly Rates are fully burdened, including all overhead and profit. Z&K Consultants, Inc. does not have any subconsultants for the requested services. All insurance will be in force at time of contract execution. We understand that the City is seeking services of an experienced consultant to provide adequate staff on short term or long-term basis to provide construction inspection services for CIP Projects. We understand that the City will not pay or compensate separately for travel time, courier services, mileage or reimbursement for travel to the City of San Bernardino to attend meetings or conduct the activities necessary to complete tasks required to be performed as part of the consultant services. I will serve as the contact person for the full duration on the contract and I am authorized to bind the firm to the terms of the proposal. By signing below, I attest that all information submitted is true and accurate. This proposal shall remain valid for a period of not less than 90 days from the date of submittal. The payment terms shall be net thirty (30) days. We are excited about this opportunity to serve the City of San Bernardino and are committed to the successful completion the City’s important projects. Sincerely, Crystal Fraire, PE, QSD/P |President, Z&K Consultants Inc. 473 E. Carnegie Drive | Suite 200 | San Bernardino, CA 92400 951.310.7470 | [email protected]
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17 EXHIBIT B
Sample Task Order Form
TASK ORDER
Task Order No. _______
Agreement: ON-CALL PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND Z&K CONSULTANTS, INC.
Consultant: Z&K Consultants, Inc.
The Consultant is hereby authorized to perform the following services subject to the provisions of the Agreement identified above:
List any attachments: (Please provide if any.)
Dollar Amount of Task Order: Not to exceed $_____,_____.00 Completion Date: _____________
The undersigned Consultant hereby agrees that it will provide all equipment, furnish all materials, except as may be otherwise noted above, and perform all services for the work above specified in accordance with the Agreement identified above and will accept as full payment therefore the amount shown above.
CITY OF SAN BERNARDINO Z&K CONSULTANTS, INC.
Dated: Dated:
By: By:
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1 ON-CALL PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND EC&AM ASSOCIATES, INC. D/B/A GK & ASSOCIATES
This Agreement is made and entered into as of August 17, 2022 by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and EC&AM Associates, Inc., a California corporation d/b/a GK & Associates with its principal place of business at 3333 Brea Canyon Road, #120, Diamond Bar, CA 91765 (hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.”
RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:
As-Needed On-Call Inspection Services (hereinafter referred to as “the Project”).
B. Consultant is duly licensed and has the necessary qualifications to provide such services.
C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
AGREEMENT
1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated herein by this reference.
2. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.” The services shall be more particularly described in the individual Task Order issued by the City or its designee. No services shall be performed unless authorized by a fully executed Task Order in the form attached hereto as Exhibit “B”.
3. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel identified in their proposal. Consultant warrants that Consultant is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant further represents that no City employee will provide any services under this Agreement.
4. Compensation.
a. Consultant shall receive compensation, including authorized reimbursements, for all services rendered under this Agreement at the rates set forth in
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2 the Schedule of Charges attached hereto as Exhibit “A” and incorporated herein by this reference. The maximum compensation for services to be provided pursuant to each Task Order shall be set forth in the relevant Task Order. b. The City will not pay any additional fees for printing expenses.
Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction.
City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.
5. Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
6. Term. The term of this Agreement shall be from August 17, 2022 to August 17, 2023, unless earlier terminated as provided herein. Consultant shall complete the services within the term of this Agreement and shall meet any other established schedules and deadlines set forth in each individual Task Order issued by the City. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement.
a. Extension Options. The term of this Agreement may be administratively extended by the City Manager or his designee, for a maximum of four additional one-year terms.
7. Maintenance of Records; Audits.
a. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times for a period of four (4) years from the Effective Date.
b. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.
8. Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of a Task Order from the City to proceed.
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3 9. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay.
c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.
10. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements.
b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies.
c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.
11. Standard of Care. Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.
12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the City.
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4 13. City Business Certificate. Consultant shall, prior to execution of this Agreement, obtain and maintain during the term of this Agreement a valid business registration certificate from the City pursuant to Title 5 of the City’s Municipal Code and any and all other licenses, permits, qualifications, insurance, and approvals of whatever nature that are legally required of Consultant to practice his/her profession, skill, or business.
14. Assignment and Subconsultant. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.
15. Independent Consultant. Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. Any personnel performing the work governed by this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.
16. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Additional Insured
The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. b. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall
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5 be at least as broad as the following:
Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX)
exclusion deleted
(7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its elected and appointed officials, officers, employees, agents, and City-designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured.
c. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status.
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6 (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. d. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend.
f. Privacy/Network Security (Cyber)
At all times during the performance of work under this Agreement, the Designer shall maintain privacy/network security insurance, in a form and with insurance companies acceptable to the City, for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and (4) the introduction, implantation or spread of malicious software code.
g. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single Limit
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7 Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal
injury, and property damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
Cyber Liability $1,000,000 per occurrence and
aggregate
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.
h. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
i. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary
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8 insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims- made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. j. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or
companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. k. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance
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9 it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. l. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.
17. Indemnification .
a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers.
Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement.
b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability
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10 for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
18. California Labor Code Requirements. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).
If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements.
19. Verification of Employment Eligibility. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.
20. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California.
21. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days’ written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned.
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11 City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.
22. 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’s Office in enforcing this Agreement on behalf of the City shall be considered as “attorneys’ fees” for the purposes of this Agreement.
23. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant’s professional services occurs, Consultant shall, at no cost to City, provide all other services necessary to rectify and correct the matter to the sole satisfaction of the City and to participate in any meeting required with regard to the correction.
24. Prohibited Employment. Consultant shall not employ any current employee of City to perform the work under this Agreement while this Agreement is in effect.
25. Costs. Each Party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.
26. Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.
27. Organization. Consultant shall assign Ghazala Khan as Project Manager.
The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.
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12 28. Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above.
29. Notice. Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the following addresses and shall be effective upon receipt thereof:
CITY:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Manager
With Copy To:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
CONSULTANT:
GK & Associates
3333 Brea Canyon Road, #120
Diamond Bar, CA 91765
Attn: Ghazala Khan, President
30. Third Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.
31. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non- discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
32. Entire Agreement. This Agreement, including Exhibit “A,” represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises, or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement.
33. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, 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.
34. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns
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13 of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.
35. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
36. Time of Essence. Time is of the essence for each and every provision of this Agreement.
37. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain, or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.
38. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement.
39. City’s Right to Employ Other Consultants. City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.
40. Prohibited Interests. Consultant maintains and warrants that it has neither employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
41. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single Agreement.
42. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement.
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14 43. Order of Precedence.
The following order and succession of the referenced documents shall govern in the event of conflict between documents:
1. Amendment(s)
2. This Agreement
3. Task Orders
44. Electronic Signatures. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature
[SIGNATURES ON FOLLOWING PAGE]
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15 SIGNATURE PAGE FOR ON-CALL PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO AND
EC&AM ASSOCIATES, INC. D/B/A GK & ASSOCIATES
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
CITY OF SAN BERNARDINO
APPROVED BY:
Robert D. Field
City Manager
ATTESTED BY:
Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
CONSULTANT
EC&AM ASSOCIATES, INC. D/B/A GK
& ASSOCIATES
Signature
Name
Title
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16 EXHIBIT A
Scope of Services / Schedule of Charges and Payments / Activity Schedule
[ATTACHED]
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Proposal for
Capital Improvement Projects Inspection Services
Prepared for:
3333 Brea Canyon Rd, #120
Diamond Bar, CA 91765
909-595-1940
www.gkandassociates.com
June 2, 2022
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Fax: 909-595-1314 Email: [email protected] Tel: 909-595-1940
3333 Brea Canyon Road, 120
Diamond Bar, CA 91765
www.gkandassociates.com
June 2, 2022
City of San Bernardino
Public Works/ Engineering Division
Attn: Issa Saed, P.E. Principal Civil Engineer
290 North D Street
San Bernardino, CA 92401
Subject: Proposal to Provide Staff Augmentation for Capital Improvement Projects Inspection Services
Dear Mr. Saed,
GK & Associates is pleased to submit our proposal to provide Capital Improvement Inspection Services to the City of San Bernardino. GK & Associates is uniquely qualified to provide inspection services to meet the needs of the City as we have previously provided many cities, including City of San Bernardino, with similar exceptional services.
We have assembled a t eam of outstanding Inspectors who are ready and willing to assist the City of Sa n Bernardino with its upcoming projects. Our Inspectors have over 20 years of experience in handling similar projects for over a dozen cities. The staff is very familiar with all the requirements and conditions of approval for several municipalities. We understand that the City is looking to provide a cost effective and an efficient service to the public and we believe and know that our team is ideal and the best fit for your needs.
I, Ghazala Khan, will be actively involved in all projects pertaining to this contract if awarded to GK & Associates. I will serve as client representative and point of contact as well as participate in the over -all project management to assure good quality control. I also acknowledge that GK & Associates is financially stable, as we have been since inception. I will also make it imperative to fulfill the requirements of assigned projects.
We look forward to the opportunity to assisting the City with its various Capital Improvement Project Inspection needs. If you have any questions, please contact me directly at 909-595-1940 (office), or 909-964- 9932 (cell). Thank you for the opportunity to serve you.
Sincerely,
EC&AM Associates, Inc.
dba GK & Associates
Ghazala Khan
President
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Table of Contents
Section 1 | Cover Letter
Section 2 | Qualifications & Experience……………………………………………….1 Section 3 | Scope of Services……………………………………………………………….3 Section 4 | Key Personnel…………………………………………………………………….4
Section 5 | References….……………………………………………………………………18
Section 6 | Fee Schedule.……………………………………………Separately Sealed
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City of San Bernardino Capital Improvement
Projects Inspection Services -
Company Background
EC & AM Associates, dba GK & Associates, a privately held corporation established in 2002 and located in Diamond Bar, CA, is a civil engineering, construction management and asset management firm focused on providing Construction Ma nagement and Inspection Services exclusively to cities and agencies across in Southern California. GK & Associates is an organization of highly skilled and professional staff that has the collective experience of working with municipalities for over thirty years. Our team consists of Civil Engineers, Traffic Engineers, Construction Managers, and Infrastructure Asset Managers. We deliver excellent services and serving the specialized needs of our clients in a very efficient manner.
Experience
Our Construct ion Inspectors are experienced in providing these services for over 30 years to different agencies and municipalities and they will make sure that the inspections are thorough, in accordance with the City codes and complete from all aspects of engineering and construction aspects.
We have very diverse and resourceful team members, who have excellent experience skills in Design, Construction, related to Municipal Engineering/Public Works projects in design, and construction of Streets and Highways, Flood Control and Storm Drain. Our group offers ethical, professional solutions with excellent communication skills while offering great management capabilities.
Capabilities
We provide excellent project management services based on our client’s needs. We wo rk with the most recognized and accepted instruments and codes, such as the Public Contract Code, the Standard Specification for Public Works Construction, “the green book”, CALTRANS Standard Specifications, Uniform Building Code, American with Disabilitie s Act, and local standards to complete and manage all project phases form preliminary design through construction.
Constructability Review
GK&A provides a comprehensive review of the design documents including the specifications and drawings to identify potential conflicts with regard to biddability and constructability issues. Change Order Estimating and Negotiation Independent change order estimating throughout the project.
When changes are initiated and scope is defined, our change order estimator ca n provide an independent change order estimate to allow you to forecast and budget the cost of potential changes as well as provide a sound starting point for negotiations with the contractor. We can then help you in negotiating fair change order pricing.
Schedule Review
GK&A also provides an i nitial review and recommendation and acceptance of the c ontractor’s Critical Path Method Schedule (CPM). The schedule can then be used to monitor the contractor’s progress and link to the construction progress payments.
Qualifications & Experience
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City of San Bernardino Capital Improvement
Projects Inspection Services -