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RESOLUTION NO. 2001-208
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A
SERVICE AGREEMENT WITH ENGINEERING RESOURCES OF SOUTHERN
CALIFORNIA, INC. FOR ENGINEERING PLAN CHECKING SERVICES FOR
VARIOUS LAND DEVELOPMENT PROJECTS.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION I, Engineering Resources of Southern California, Inc. is a firm that is
competent, experienced and able to perform requested services and has provided the most
advantageous and responsible proposal for provision of Engineering Plan Checking Services for
an amount totaling $25.000.00 in aggregate. Pursuant to this determination, the Mayor is hereby
12 authorized and directed to execute the Agreement for Services on behalf of the City; a copy of
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the Agreement is attached hereto and incorporated herein (Exhibit A).
15 SECTION 2. The authorization to execute the above referenced Agreement is rescinded
16 ifit is not signed by the parties within sixty (60) days of the passage of this resolution,
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2001-208
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RESOLUTION...APPROVING A SERVICE AGREEMENT WITH
ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC. FOR
ENGINEERING PLAN CHECKING SERVICES FOR VARIOUS LAND
DEVELOPMENT PROJECTS.
5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
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10 ESTRADA
Common Council of the City of San Bernardino at a i oint regular
meeting thereof, held
on the 18th day of
June
,2001, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
x
LIEN
x
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12 MC GlNNIS
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13 SCHNETZ
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SUAREZ
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ANDERSON
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MC CAMMACK
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City Clerk /
Approved as to
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June ,2001.
The foregoing resolution is hereby approved this
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ith alles, Mayor
C ty of San Bernardino
JAMES F. PENMAN,
City Attorney
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III()
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2001-208
EXHIBIT A
AGREEMENT FOR SERVICES
This AGREEMENT is made and entered into this 18th
by and between Engineering Resources of Southern California,
CITY OF SAN BERNARDINO ("CITY").
day of June , 2001,
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:
I, 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 begin June 18. 200 I but 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 expenses (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,
2001-208
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 glVlng 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. Comorehensive 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 Comoensation Insurance - The Contractor shall maintain
worker's compensation insurance in accordance with the laws of
the State of Cali fomi a for all workers employed by the Contractor.
S IPublic Workslrfca's\200] AI!\06-lll-OI\Salary Savings to Fund Temporary andContractuul Services\Agreement - Engineering Resources OfSoUl1hern California, [Ill' .doc
2001-208
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day
oed d",:::' 'b:;:~:"1 By ~ ~
John , Brudin, President
Engineering Resources
Southern California, Inc,
CITY OF S~N BERNARDINO
ATTEST:
Rac~l~
Approved as to form
And legal content:
James F. Penman,
City Attorney
Bytf-lf~
S.\Public Worb\rfca's\2001 All\06-IS-OI\5alary Savings (0 fund Temporal)' and Contractual ScrviccslAglcemcnl - Engineering Resources ofSQUlthclll California, Incdoc
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2001-208
Services Agreement
ATTACHMENT A
Scone 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 Al!reement
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.
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2001-208
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Services Agreement
ATTACHMENT B
Richard Righetti Senior Engineer., . ".$90.00IHR
Richard McMahon Associate Engineer.".. ,$65.00IHR