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HomeMy WebLinkAbout2002-325 , " . - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2002-325 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE EXTENSION OF THE PROFESSIONAL SERVICES AGREEMENTS WITH WILLDAN AND ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC. FOR ENGINEERING PLAN CHECKING SERVICES AND DEVELOPMENT REVIEW, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Willdan and Engineering Resources of Southern California, Inc. are firms competent, experienced and able to perform requested services and have provided the most advantageous and responsible proposals for provision of Consultant Engineering Plan Checking Services. Pursuant to this determination, the Purchasing Manager is hereby authorized and directed to extend for one additional year the Purchase Orders for said services to said firms for purchase order amounts totaling $75,000 ($50,000 with the primary engineering firm, Engineering Resources and $25,000 with Willdan) in aggregate; but such award shall only be effective upon the issuance of a Purchase Order by the Purchasing Manager; and all other proposals are hereby rejected. The Mayor is hereby authorized and directed to execute an Agreement for services with Willdan and with Engineering Resources of Southern California, Inc. on behalf of the City; a copy of each agreement is attached hereto and incorporated herein (Exhibits A and B). SECTION 2. The above-referenced Purchase Orders shall incorporate by reference this Resolution and the attached Agreements. SECTION 3. The authorization to execute the above-referenced Agreements and Purchase Orders is rescinded if they are not executed and issued within sixty (60) days of the passage of this resolution. /// - 1 - " ',- 2002-325 1 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE 2 EXTENSION OF THE PROFESSIONAL SERVICES AGREEMENTS WITH WILLDAN AND ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC. FOR 3 ENGINEERING PLAN CHECKING SERVICES AND DEVELOPMENT REVIEW, 4 5 6 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a j oint regular meeting thereof, held 7 8 9 Council Members: 10 11 on the 7th October , 2002.,by the following vote, to wit: day of AYES NAYS ABSTAIN ABSENT ESTRADA x x LIEN 12 MC GINNIS 13 x DERRY x 14 SUAREZ x 15 16 ANDERSON 17 MC CAMMACK 18 19 20 x ~ f!!;~ 11, C~ 21 The foregoing resolution is hereby approved this /~.f October ,2002. ?~ Esther Estrada, Mayor Pro Tern City of San Bernardino 22 23 24 Approved as to form and legal content: 25 26 27 28 JAMES F. PENMAN, City Attorney - 2 - 2002-325 Exhibit "A" ... AGREEMENT FOR SERVICES This AGREEMENT is made and entered into this 7 th day of Oc tober, 2002, by and between Willdan. ("Contractor") and the CITY OF SAN BERNARDINO ("CITY"), WITNESSETH: A. WHEREAS, CITY has need for plan checking services within the City and, B, WHEREAS, CONTRACTOR is competent and able to perform said services, and, c. NOW, THEREFORE, the parties hereto agree as foliows: 1. CONTRACTOR shall furnish plan checking-related services to CITY in accordance with Attachment A. 2, Over the term of this Agreement, CONTRACTOR shall be paid for such services an amount not to exceed $25,000, in accordance with Attachment A. This Agreement may be canceled by two weeks written notice by either party, 3. CONTRACTOR shall provide the Director of Development Services with a weekly 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 commence on the above-referenced date and shall not exceed one year. 5. CONTRACTOR shall indemnify, defend and hold CITY, its officers, employees and agents harmless from any claim, demand, liability, suit, judgement or expense (including, without limitation, reasonable costs of defense) arising out of or related to CONTRACTOR'S performance of this agreement, except that such duty to indemnify, defend and hold harmless shall not apply where injury to person or property is caused by CITY'S willful or sole negligence. 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. 2002-325 .- 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: Willdan 650 Hospitality Lane, Suite 400 San Bernardino, CA 92408 Nothing in this paragraph shall be construed to prevent the glvmg of notices 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. Comprehensive 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, B. Worker's Comoensation 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. \\CASTORIDS\]ublic WorkslRFCA's\2002 All\IO-07-02\Consultant Plan Check ServiceslAgrmt - Plan Check Service Agreement - WilIdandoc 2002-325 .' IN WITNESS WHEREOF, the parties hereto have executed this agreernent on the day '0' ,,,, fiffi' ,bo" "'"~. . ./ ~ d , Date: ):...-fa/{'r /8, :JOt)) B~.4 C/ 7'-7 .~~ / Willdan N=,i("fi"IA l, C5fAI'~J F: E Title: Scnlc/ V,<,-~- Prl'$/d<1'1 CITY OF SAN BERNARDINO By: '~~,/Y Esther Estrada, Mayor Pro Tem ATTEST: Ra~~~C~k ~ Approved as to form And legal content: James F. Penman, City Attorney By: ~~h ,- 7 (; /) ( {...,<,~~ , \\CASTOR\DSI]ublic WorksIRFCA's\2002 Al1\IO-07-02\Consultant Plan Check ServiceslAgrmt - Plan Check Service Agreement - WiIldan,doc 2002-325 Services Agreement ATTACHMENT A Scope of Services Contractor shall perform services including, but not limited to the following: . Review development applications for compliance with the City's Policies, Procedures, General Plan and Development Code . Review and prepare final engineering drawings, studies, site plans, contract specifications, and bid documents for both Land Development and Capital Improvement Projects . Meet with Public Works staff and other City departments as needed . Meet with project applicants as determined by Public Works staff . Attend Development/Environmental Review Committee, Planning Commission, and/or Mayor and Common Council meetings as needed . Review of permit applications for completeness . Compile and route permit applications . Other similar duties Contractor shall perform work tasks under the general supervision of the Director of Development Services or his designee, 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. Compensation Compensation shall be pursuant to the hourly rate sheet provided in Attachment B and according to terms in paragraph C.3. of this Agreement. Terms of A2reement This agreement shall expire one year after the date of the Agreement and compensation shall not exceed a total of$25,000. Hours worked, work schedule, and specified projects shall be established by mutual agreement between Contractor and City, \\CASTOR\DSI]ublic Works\RFCA's\2002 Am 10-07-02\Consultant Plan Check Services\Agrmt - Plan Check Service Agreement - WiIldan,doc ,.. 2002-325 Services Agreement With Willdan ATTACHEMENT B Ronald L. Espalin Senior Vice President/Office Manager .,...,., ..$95,OO/HR Anne Schneider Plan Check EngineerIDivision Manager....,.. ..$95,OO/HR \\CASTOR\DS\~Public Works\RFCA's\2002 A1I\IO-07-02\CollSulta:nt Plan Check Ser;iceslAgrrnt - Plan Check Service Agreement - Wil1dan.doc Exhibit.' '.'B" 2002-325 AGREEMENT FOR SERVICES This AGREEMENT is made and entered into this 7th by and between Engineering Resources of Southern California, CITY OF SAN BERNARDINO ("CITY"). day of Oc tober , 2002, Inc. ("Contractor") and the WITNESSETH: A. WHEREAS, CITY has need for plan checking services within the City 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 plan checking-related services to CITY in accordance with Attachment A. 2, Over the term of this Agreement, CONTRACTOR shall be paid for such services an amount not to exceed $50,000, in accordance with Attachment A. This Agreement may be canceled by two weeks written notice by either party. 3, CONTRACTOR shall provide the Director of Development Services with a weekly 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 commence on the above-referenced date and shall not exceed one year. 5. CONTRACTOR shall indemnify, defend and hold CITY, its officers, employees and agents harmless from any claim, demand, liability, suit, judgement or expense (including, without limitation, reasonable costs of defense) arising out of or related to CONTRACTOR'S performance of this agreement, except that such duty to indemnify, defend and hold harmless shall not apply where injury to person or property is caused by CITY'S willful or sole negligence. 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. -' 2002-325 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: Engineering Resources of So. Cat., Inc. 3550 E. Florida Ave" #B Hemet, CA 92544 Nothing in this paragraph shall be construed to prevent the giving of notices 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. Comprehensive General Liabilitv 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. 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, \\CASTOR\DS\]ublic Works\RFCA's\2002 All\IO~07-02\Consu1tant Plan Check Services\Agreement. Plan Checking Service Agreements doc 2002-325 IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and date first above shown, Date: /??~c,,/& ~ / / BY:~...J Engineering Resources of Southern California, Inc. Name: ~ ~~~ Title: ~\Q!...I7 CITY OF SAN BERNARDINO B~~ Esther Estrada, Mayor Pro Tem ~, ATTEST: R~C~'~ Approved as to form And legal content: James F. Penman, City Attorney By: L 7. rJ /) r~~- \\CASTORIDSI_Public Work!;IRFCA's\2002 AllIIQ.07-02\CollSultant Plan Check ServiceslAgreemenl - Plan Checking Service Agreemenlsdoc 2002-325 Services Agreement ATTACHMENT A Scope of Services Contractor shall perform services including, but not limited to the following: . Review development applications for compliance with the City's Policies, Procedures, General Plan and Development Code . Review and prepare final engineering drawings, studies, site plans, contract specifications, and bid documents for both Land Development and Capital Improvement Projects . Meet with Public Works staff and other City departments as needed . Meet with project applicants as determined by Public Works staff . Attend Development/Environmental Review Committee, Planning Commission, and/or Mayor and Common Council meetings as needed . Review of permit applications for completeness . Compile and route permit applications . Other similar duties Contractor shall perform work tasks under the general superviSIOn of Youn Kim, Associate Engineer (for Land Development). 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. Compensation Compensation shall be pursuant to the hourly rate sheet provided in Attachment B and according to terms in paragraph C.3. of this Agreement. Terms of Al!reement This agreement shall expire one year after the date of the Agreement and compensation shall not exceed a total of $50,000. Hours worked, work schedule, and specified projects shall be established by mutual agreement between Contractor and City. \\CASTORIDSI]ublic Works\RFCA's\2002 Al1\IO-07-02\Consultant Plan Check Services\Agreement - Plan Checking Service Agreements_doc ._,1 2002-325 Services Agreement With Engineering Resources of Southern California, Inc. ATTACHMENTB Richard Reghetti Senior Engineer, .,.." ...", ..,$90.00/HR Richard McMahon Associate Engineer ,....",.., .$65.00/HR \\CASTOR\DS\]ublic WorksIRFCA's\2002 A!1\IO-01-02IConsultanl Plan Check Services\Agreemenl - Plan Checking Service Agreements,doc