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HomeMy WebLinkAbout2004-1201 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 RESOLUTION NO. 2004-120 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING SERVICES AGREEMENTS WITH WILLDAN ASSOCIATES, ESGIL CORPORATION, AND CALIFORNIA CODE CHECK FOR PROVISION OF PROFESSIONAL PLAN CHECK SERVICES. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. WILLDAN ASSOCIATES, ESGIL CORPORATION, AND CALIFORNIA CODE CHECK are firms competent, experienced and able to perform said services and have provided the most advantageous and best responsible proposals for provision of PROFESSIONAL PLAN CHECK SERVICES, per Specification No. F-04-042 for purchase order amounts totaling $350,000 in aggregate, with single year renewal options. Pursuant to this determination, the Purchasing Manager is hereby authorized and directed to issue Purchase Orders for said services to said firms; and all other proposals are hereby rejected. The Mayor is hereby authorized and directed to execute Services Agreements on behalf of the City; a copy of each agreement is attached hereto and incorporated herein (Exhibits A, B, and Q. SECTION 2. The authorization to execute the above referenced agreements is rescinded if they are not executed within sixty (60) days of the passage of this resolution. 20 21 22 26 27 28 -I- 2004-120 1 2 3 4 di 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 26 27 28 RESOLUTION... APPROVING SERVICES AGREEMENTS WITH WILLDAN ASSOCIATES, ESGIL CORPORATION, AND CALIFORNIA CODE CHECK FOR PROVISION OF PROFESSIONAL PLAN CHECK SERVICES. 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 x MC GINNIS x DERRY x KELLEY _x JOHNSON X MC CAMMACK x City Jerk The foregoing resolution is hereby approved this d of May 2004 Approved as to form and legal content: JAMES F. PENMAN, City Att y , b Valles, Mayor of San Bernardino -2- 0r 2004-120 Exhibit "A" SERVICES AGREEMENT THIS AGREEMENT is entered into this 3rd day of May , 2004, between WILLDAN ASSOCIATES ("CONTRACTOR") and the CITY OF SAN BERNARDINO ("CITY)". WITNESSETH: A. WHEREAS, CITY has need for professional building plan review services and, B. WHEREAS, CONTRACTOR is competent, experienced and able to perform said services: and, C. WHEREAS, CONTRACTOR has provided the most advantageous and best responsible proposal for the provision of such services; NOW THEREFORE, the parties hereto agree as follows: 1. CONTRACTOR shall furnish professional building plan review services in accordance with Proposal Specification No. F-04-042. The standard turn -around time for assigned plan checks shall be 10 (ten) working days for the initial check and 5 (five) working days for rechecks. If these standard turn -around times are not met, a penalty of 10 (ten) percent 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 in accordance with Proposal Specification No. F-04-042 and Offeror's Proposal and Statement. 3. CONTRACTOR shall provide the Development Services Department with a monthly invoice in arrears and shall be provided payment within thirty (30) days therefrom. CITY retains the right to challenge all or any part of an invoice. 4. The initial term of this Agreement shall be one (1) year from the date first shown above and is subject to termination by either party upon thirty (30) days written notice to the other. There may be two one-year extensions. 2004-120 Services Agreement— Willdan Associates Page 2 of 3 5. CONTRACTOR shall indemnify, defend and hold CITY, its officers, employees and agents harmless from any claim, demand, liability, suit, judgment or expense (including, without limitation, reasonable costs of defense) arising out of or related to CONTRACTOR's performance 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 misconduct or sole negligence. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the City shall be considered as "attorney's fees" for the purposes of this paragraph. 6. While not restricting or limiting the foregoing, during the term of this Agreement, CONTRACTOR shall maintain in effect policies of comprehensive public, general, and automobile liability insurance, in the amount of $1,000,000 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the CITY's Risk Manager prior to undertaking any work under this Agreement. The policies shall name the CITY as an additional insured and shall provide for thirty (30) days notification to the CITY if said policies are terminated or materially altered. 7. CONTRACTOR shall perform work tasks as directed by the Building Official, but for all intents and purposes, CONTRACTOR shall be an independent contractor and not an agent or employee of the CITY. 8. In the performance of this Agreement and in the hiring and recruitment of employees, CONTRACTOR shall not discriminate on the basis of race, creed, color, religion, sex, physical handicap, ethnic background or country of origin. 9. Any notice to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: . �. 2004-120 Services Agreement— Willdan Associates Page 3 of 3 TO THE CITY: James Funk, Development Services Director City of San Bernardino 300 North `D' Street San Bernardino, CA 92418 TO THE CONTRACTOR: Willdan Associates 650 Hospitality Lane San Bernardino, CA 92408 (909)386-0200 (909) 888-5107 www.willdan.com Nothing in this paragraph shall be construed to prevent the giving of notice by personal service. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above shown. CITY OF7SANRNARDINO WILLDAN ASSOCIATES by: by: Judi alles Ronald L. Espalin, PE IvI o Senior Vice President C' v f San Bernardino ATTEST: Rac� City Clerk � Approved as to form and legal content: 2004-120 Exhibit `B" SERVICES AGREEMENT THIS AGREEMENT is entered into this 3rd day of May , 2004, between ESGIL CORPORATION ("CONTRACTOR") and the CITY OF SAN BERNARDINO ("CITY)". WITNESSETH: A. WHEREAS, CITY has need for professional building plan review services and, B. WHEREAS, CONTRACTOR is competent, experienced and able to perform said services: and, C. WHEREAS, CONTRACTOR has provided the most advantageous and best responsible proposal for the provision of such services; NOW THEREFORE, the parties hereto agree as follows: 1. CONTRACTOR shall furnish professional building plan review services in accordance with Proposal Specification No. F-04-042. The standard turn -around time for assigned plan checks shall be 10 (ten) working days for the initial check and 5 (five) working days for rechecks. If these standard turn -around times are not met, a penalty of 10 (ten) percent 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 in accordance with Proposal Specification No. F-04-042 and Offeror's Proposal and Statement. 3. CONTRACTOR shall provide the Development Services Department with a monthly invoice in arrears and shall be provided payment within thirty (30) days therefrom. CITY retains the right to challenge all or any part of an invoice. 4. The initial term of this Agreement shall be one (1) year from the date first shown above and is subject to termination by either party upon thirty (30) days written notice to the other. There may be two one-year extensions. 2004-120 Services Agreement- Esgil Corporation Page 2 of 3 5. CONTRACTOR shall indemnify, defend and hold CITY, its officers, employees and agents harmless from any claim, demand, liability, suit, judgment or expense (including, without limitation, reasonable costs of defense) arising out of or related to CONTRACTOR's performance 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 misconduct or sole negligence. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the City shall be considered as "attorney's fees" for the purposes of this paragraph. 6. While not restricting or limiting the foregoing, during the term of this Agreement, CONTRACTOR shall maintain in effect policies of comprehensive public, general, and automobile liability insurance, in the amount of $1,000,000 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the CITY's Risk Manager prior to undertaking any work under this Agreement. The policies shall name the CITY as an additional insured and shall provide for thirty (30) days notification to the CITY if said policies are terminated or materially altered. 7. CONTRACTOR shall perform work tasks as directed by the Building Official, but for all intents and purposes, CONTRACTOR shall be an independent contractor and not an agent or employee of the CITY. 8. In the performance of this Agreement and in the hiring and recruitment of employees, CONTRACTOR shall not discriminate on the basis of race, creed, color, religion, sex, physical handicap, ethnic background or country of origin. 9. Any notice to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: 2004-120 Services Agreement— Esgil Corporation Page 3 of 3 TO THE CITY: James Funk, Development Services Director City of San Bernardino 300 North `D' Street San Bernardino, CA 92418 TO THE CONTRACTOR: Esgil Corporation 9320 Chesapeake Drive, Suite 208 San Diego, Ca 92123 (858) 560-1468 FAX (858) 560-1576 tivww.esPi l.com Nothing in this paragraph shall be construed to prevenT If e giving of notice by personal service. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above shown. CI1 by: ATTEST: Rachel Clark, City Clerk Approved as to form and legal content: Jan Cit 0 2004-120 Exhibit "C SERVICES AGREEMENT THIS AGREEMENT is entered into this 3rd day of May , 2004, between CALIFORNIA CODE CHECK ("CONTRACTOR") and the CITY OF SAN BERNARDINO ("CITY)". WITNESSETH: A. WHEREAS, CITY has need for professional building plan review services and, B. WHEREAS, CONTRACTOR is competent, experienced and able to perform said services: and, C. WHEREAS, CONTRACTOR has provided the most advantageous and best responsible proposal for the provision of such services; NOW THEREFORE, the parties hereto agree as follows: 1. CONTRACTOR shall furnish professional building plan review services in accordance with Proposal Specification No. F-04-042. The standard turn -around time for assigned plan checks shall be 10 (ten) working days for the initial check and 5 (five) working days for rechecks. If these standard turn -around times are not met, a penalty of 10 (ten) percent 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 in accordance with Proposal Specification No. F-04-042 and Offeror's Proposal and Statement. 3. CONTRACTOR shall provide the Development Services Department with a monthly invoice in arrears and shall be provided payment within thirty (30) days therefrom. CITY retains the right to challenge all or any part of an invoice. 4. The initial term of this Agreement shall be one (1) year from the date first shown above and is subject to termination by either party upon thirty (30) days written notice to the other. There may be two one-year extensions. 2004-120 Services Agreement — California Code Check Page 2 of 3 5. CONTRACTOR shall indemnify, defend and hold CITY, its officers, employees and agents harmless from any claim, demand, liability, suit, judgment or expense (including, without limitation, reasonable costs of defense) arising out of or related to CONTRACTOR's performance 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 misconduct or sole negligence. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the City shall be considered as "attorney's fees" for the purposes of this paragraph. 6. While not restricting or limiting the foregoing, during the term of this Agreement, CONTRACTOR shall maintain in effect policies of comprehensive public, general, and automobile liability insurance, in the amount of $1,000,000 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the CITY's Risk Manager prior to undertaking any work under this Agreement. The policies shall name the CITY as an additional insured and shall provide for thirty (30) days notification to the CITY if said policies are terminated or materially altered. 7. CONTRACTOR shall perform work tasks as directed by the Building Official, but for all intents and purposes, CONTRACTOR shall be an independent contractor and not an agent or employee of the CITY. 8. In the performance of this Agreement and in the hiring and recruitment of employees, CONTRACTOR shall not discriminate on the basis of race, creed, color, religion, sex, physical handicap, ethnic background or country of origin. 9. Any notice to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: 2004-120 Services Agreement— California Code Check Page 3 of 3 TO THE CITY: James Funk, Development Services Director City of San Bernardino 300 North `D' Street San Bernardino, CA 92418 TO THE CONTRACTOR: California Code Check 2393 Teller Road, Suite 108 Newbury Park, CA 91320 (805)499-4584 FAX (805) 499-4489 CACodeCheck(caaol.com Nothing in this paragraph shall be construed to prevent the giving of notice by personal service. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above shown. CI1 by: ATTEST: Rach'M Clark, City Clerk Approved as to form and legal content: CALIFORNIA CODE CHECK bv: . Thomas Ha is President