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Home My WebLink About2000-138 1 2 3 4 5 6 7 8 RESOLUTION NO. 2000-138 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING SERVICES AGREEMENTS WITH CHJ INCORPORATED, CAL-WEST CONSULTANTS, AND, LOR GEOTECHNICAL GROUP, INC. FOR PROVISION OF PROFESSIONAL SOILS ENGINEERING SERVICES. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. CHJ INCORPORATED, CAL-WEST CONSULTANTS, AND LOR 9 GEOTECHNICAL GROUP, INC. are firms competent, experienced and able to perform said 10 services and have provided the most advantageous and best responsible proposals for provision 11 of PROFESSIONAL SOILS ENGINEERING SERVICES, per Specification No. F-OO-27 for 12 purchase order amounts totaling $90,000 in aggregate, with single year renewal options. 13 14 15 Pursuant to this determination, the Purchasing Manager is hereby authorized and directed to issue Purchase Orders for said services to said firms; but such award shall only be effective upon 16 the issuance of a Purchase Order by the Purchasing Manager; and all other proposals are hereby 17 rejected. The Mayor is hereby authorized and directed to execute said agreements on behalf of 18 the City; a copy of each agreement is attached hereto (Exhibits A, B, and C). 19 SECTION 2. The authorization to execute the above referenced Purchase Orders is 20 rescinded if they are not issued within sixty (60) days of the passage of this resolution. 2000-138 1 2 3 4 5 6 7 8 RESOLUTION...APPROVING SERVICES AGREEMENTS WITH CHJ INCORPORATED, CAL-WEST CONSULTANTS, AND LOR GEOTECHNICAL GROUP, INC. FOR PROVISION OF PROFESSIONAL SOILS ENGINEERING SERVICES. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and C C'l f h C' f S B d' Joint: Regular ommon ounCl 0 t e Ity 0 an ernar IllO at a meeting thereof, held on the 19t:h June , 2000, by the following vote, to wit: day of AYES NAYS ABSTAIN ABSENT Council Members: ESTRADA x 9 10 LIEN 11 MC GINNIS 12 SCHNETZ 13 SUAREZ 14 x x x x x ANDERSON 15 16 17 18 19 20 21 22 MC CAMMACK x ~~~ City lerk The foregoing resolution is hereby approved this ;;J 3 day of ~, 2000. ~527t Z~ Esther Estrada Mayor Pro Tem Approved as to 23 form and legal content: 24 JAMES F. PENMAN, 25 City Attorney 26 27 28 - 2- , 2000-138 EXHIBIT A SERVICES AGREEMENT THIS AGREEMENT is entered into this _ day of , 2000, between LOR Geotechnical Group, Inc. ("CONTRACTOR") and the CITY OF SAN BERNARDINO ("CITY)". WITNESSETH: A. WHEREAS, CITY has need for professional soils engineering 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 soils engineering services in accordance with Proposal Specification No. F 00-27. 2. Over the term of this Agreement, CONTRACTOR shall be paid for such services an amount in accordance with Proposal Specification No. F 00-27 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. 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 2000-138 Services Agreement - LOR Geotechnical Group, Inc. Page 2 of3 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 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 ofthis 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 ten (10) day notification to the CITY if said policies are terminated or materially altered. 7. CONTRACTOR shall perform work tasks as directed by the City Engineer, 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: TO THE CITY. Raymond A. Casey, City Engineer City of San Bernardino Development Services Department 300 North 'D' Street San Bernardino CA 92418 2000-138 Services Agreement - LOR Geotechnical Group, Inc. Page 3 of 3 TO THE CONTRACTOR LOR Geotechnical Group, Inc 6121 Quail Valley Court Riverside, CA 92507 (909) 653-1760 FAX (909) 653-1741 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. Date: l - \ I - 00 by: Date: ~(30Jo() by: ATTEST: ~aej11f (J~ h Rafhel Clark, .c;:}ty ~letk ~ ,;) U"y)MlaNUYL{J{Un OJ.; (j Approved as to form and legal content: James F. Penman City Attorney "'" ,)cAvJ \) l_C:ld,' LOR Geotech' Group, Inc. .P --(-"\..- -------- F SAN BERNARDINO 2000-138 EXHIBIT B SERVICES AGREEMENT THIS AGREEMENT is entered into this _ day of CAL-WEST Consultants ("CONTRACTOR") and the CITY ("CITY)". , 2000, between OF SAN BERNARDINO WITNESSETH: A. WHEREAS, CITY has need for professional soils engineering 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 soils engineering services in accordance with Proposal Specification No. F 00-27. 2. Over the term of this Agreement, CONTRACTOR shall be paid for such services an amount in accordance with Proposal Specification No. F 00-27 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. 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 2000-138 Services Agreement - CAL-WEST Consultants Page 2 of3 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 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 ten (10) day notification to the CITY if said policies are terminated or materially altered. 7. CONTRACTOR shall perform work tasks as directed by the City Engineer, but for all intents and purposes, CONTRACTOR shall be an independent contractor and not an agent or employee ofthe 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: TO THE CITY: Raymond A Casey, City Engineer City of San Bernardino Development Services Department 300 North 'D' Street San Bernardino CA 92418 2000-138 Services Agreement - CAL-WEST Consultants Page 3 of3 TO THE CONTRACTOR CAL-WEST Consultants 12210 Michigan Avenue, Suite 26 Grand Terrace, CA 92313-5476 (909) 824-1777 FAX (909) 783-3608 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. Date: ~ ID/ DD by: Ronald F. Carducci, P.E./President -WEST Consultants '\ ignature Date: &/30/00 . OF SAN BERNARDINO by: Qdi Viilles Ma or Cit of San Bernardino ATTEST ~rJhhi ~ Rachel Clark, City Clerk ~. 'J J<j2fdikf;:sljt/~ OJ) and legal content: James F. Penman City Attorney By L 'l ~ o 2000-138 EXHIBIT C SERVICES AGREEMENT THIS AGREEMENT is entered into this _ day of , 2000, between CHJ Incorporated ("CONTRACTOR") and the CITY OF SAN BERNARDINO ("CITY)". WITNESSETH: A. WHEREAS, CITY has need for professional soils engineering 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 soils engineering services in accordance with Proposal Specification No. F 00-27. 2. Over the term of this Agreement, CONTRACTOR shall be paid for such services an amount in accordance with Proposal Specification No. F 00-27 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. 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 of this agreement, except that such duty to indemnify, defend and hold harmless 2000-138 Services Agreement - CHJ Incorporated Page 2 of3 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 ten (10) day notification to the CITY if said policies are terminated or materially altered. 7. CONTRACTOR shall perform work tasks as directed by the City Engineer, 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: TO THE CITY: Raymond A. Casey, City Engineer City of San Bernardino Development Services Department 300 North 'D' Street San Bernardino CA 92418 , 2000-138 Services Agreement - CHJ Incorporated Page 3 00 TO THE CONTRACTOR CHJ Incorporated 1355 Cooley Drive P.O. Box 231 Colton, CA 92324-3954 (909) 824-7210 FAX (909) 824-7209 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. Date: 7 liD / o~ I by: Date: rr f Zf-iJcxl by: ATTEST: .~aclul CiJ)/~ Rachel Clark, City Clerk bY )CUUJ~frtRdirLtu Jj{JU' . (J Approved as to form ) r and legal content: James F. Penman City Attorney By k 1J-~ (} .~. JUd~.th ales May Cit of S n Bernardino