Loading...
HomeMy WebLinkAbout2004-1191 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 Pill PR RESOLUTION NO. 2004-119 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING SERVICES AGREEMENT WITH WILLDAN ASSOCIATES FOR PROVISION OF PROFESSIONAL BUILDING PLAN REVIEW SERVICES FOR REBUILD OF RESIDENCES/STRUCTURES DAMAGED OR DESTROYED IN THE "OLD FIRE." BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. WILLDAN ASSOCIATES is a firm competent, experienced and able to perform said services. Pursuant to this determination, the Purchasing Manager is hereby authorized and directed to increase Purchase Order No. 100971 for said services to said firm by $105,000 for a total purchase order amount of $129,500. The Mayor is hereby authorized and directed to execute an Agreement for Services on behalf of the City; a copy of the agreement is attached and incorporated herein (Exhibit A). SECTION 2. The authorization to execute the above referenced agreement is rescinded if it is not executed within sixty (60) days of the passage of this resolution. -1- 2004-119 1 2 3 4 5 6 7 9 10 11 12 13 14 15 17 18 19 211 25 26 27 28 RESOLUTION... APPROVING SERVICES AGREEMENT WITH WILLDAN ASSOCIATES FOR PROVISION OF PROFESSIONAL BUILDING PLAN REVIEW SERVICES FOR REBUILD... I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the 3rd day of May 2004, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x LONGVILLE MC GINNIS x DERRY x KELLEY x JOHNSON x MCCAMMACK x The foregoing resolution is hereby approved this Approved as to form and legal content: JA Cit By W City Jerk May 2004 h Valles, Mayor of San Bernardino -2- r 2004-119 EXHIBIT A AGREEMENT FOR SERVICES This AGREEMENT is made and entered into this 3rd day of may , by and between Wilidan Associates ("Contractor") and the CITY OF SAN BERNARDINO ("CITY"). WITNESSETH: A. WHEREAS, CITY has need for professional building plan review services for rebuild of residences/structures damaged or destroyed in the "Old Fire," and B. WHEREAS, CONTRACTOR is competent and able to perform said services and, C. NOW, THEREFORE, the parties hereto agree as follows: 1. CONTRACTOR shall furnish professional building plan review services as needed to CITY in accordance with letter dated November 5, 2003 attached hereto and incorporated as Exhibit `B." The standard turn- around time for assigned plan checks shall be five (5) working days for the initial check and three (3) working days for rechecks. If these standard turn -around times are not met, a penalty of ten percent (10%) of the contractor's plan check fee will be assessed for the assigned plan check. 2. Over the term of this Agreement, CONTRACTOR shall be paid for such services an amount not to exceed $129,500. This Agreement may be canceled by two weeks written notice by either party. 3. CONTRACTOR shall provide the Director of Development Services with a monthly statement of hours worked in arrears and shall be provided payment within thirty (30) days therefrom. CITY retains the right to challenge all or any part of the statement. 4. The term of this agreement shall begin May 3, 2004 and shall end June 30, 2005. 5. CONTRACTOR shall indemnify, defend and hold CITY, its officers, employees and agents harmless from any claim, demand, liability, suit, judgment or expenses (including, without limitation, reasonable costs of defense) arising out of or related to CONTRACTOR'S performance under this agreement, except that such duty to indemnify, defend and hold harmless shall not apply where injury to person or property is caused by CITY'S willful or sole negligence. 2004-119 Agreement for Services by and between Willdan Associates and the City of San Bernardino Professional Building Plan Review Services for Fire Rebuilds Page 2 of 3, 04/28/04 6. CONTRACTOR shall perform work tasks as directed by the Director of Development Services or his designee, but for all intents and purposes CONTRACTOR shall be an independent contractor and not an agent or employee of the CITY and, as such, shall not be entitled to any benefits, including but not limited to, medical insurance, retirement and workers' compensation. 7. In the performance of this Agreement contractor shall not discriminate on the basis of race, creed, color, religion, sex, physical handicap, ethnic background or country of origin. 8. Any notice to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: To the City: James Funk Director of Development Services 300 North "D" Street San Bernardino, CA 92418 To the Contractor: Ron Espalin, P.E. Senior Vice President Willdan Associates 650 Hospitality Lane, Suite 400 San Bernardino, CA 92408 Phone: 909-386-0200 Fax: 909-888-5107 Nothing in this paragraph shall be construed to prevent the giving of notice by personal service. 9. CONTRACTOR shall maintain insurance policies meeting the minimum requirements set forth herein. All insurance maintained by the Contractor shall be provided by insurers satisfactory to the City. Certificates evidencing all insurance coverage required herein shall be delivered to the City prior to the Contractor performing any of the services under this Agreement. All insurance certificates required herein shall name the City as an additional insured and provide for thirty (30) days written notice from the insurer to the City prior to cancellation of any insurance policy of the CONTRACTOR. A. Comkrehensive General Liability and Automobile Insurance — The Contractor shall maintain comprehensive general liability and automobile liability insurance with a combined single limit of not less than One Million Dollars ($1,000,000.00) per occurrence. . 'A 2004-119 Agreement for Services by and between Willdan Associates and the City of San Bernardino Professional Building Plan Review Services for Fire Rebuilds Page 3 of 3, 04/28/04 B. Worker's Compensation Insurance — The Contractor shall maintain worker's compensation insurance in accordance with the laws of the State of California for all workers employed by the Contractor. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and date first above shown. r_V6r91d Ra hel Clark, City Clerk Approved as to form and legal content: James F. Pen, City Attort},e im S2.A�cir, coy Willdan Associates By: Ron Espalin, P.E. Senior Vice President CITY OF SAN BERNARDINO M.