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Home My WebLink About2000-263 1 2 3 4 5 6 7 8 RESOLUTION NO. 2000-263 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING SERVICES GREEMENTS WITH BERRYMAN & HENIGAR, ESGIL CORPORATION, AND ILLDAN FOR PROVISION OF PROFESSIONAL PLAN CHECK SERVICES. 9 dvantageous and best responsible proposals for provision of PROFESSIONAL PLAN CHECK 10 11 12 13 14 15 16 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY F SAN BERNARDINO AS FOLLOWS: SECTION 1. BERRYMAN & HENIGAR, ESGIL CORPORATION, AND WILLDAN e firms competent, experienced and able to perform said services and have provided the most ERVICES, per Specification No. F-Ol-02 for purchase order amounts totaling $92,000 in ggregate, with two single year renewal options. Pursuant to this determination, the Purchasing anager is hereby authorized and directed to issue Purchase Orders for said services to said lrms; but such award shall only be effective upon the issuance of a Purchase Order by the urchasing Manager; and all other proposals are hereby rej ected The Mayor is hereby uthorized and directed to execute said Agreements on behalf of the City; a copy of each 17 greement is attached hereto (Exhibits A, B, and C) and incorporated herein. 18 SECTION 2, The authorization to execute the above referenced Purchase Orders is 19 escinded if they are not issued within sixty (60) days of the passage of this resolution 20 II 21 II 22 23 II 24 25 26 27 28 - 1 - 2000-263 1 RESOLUTION...APPROVING SERVICES AGREEMENTS WITH BERRYMAN HENIGAR, ESGIL CORPORATION, AND WILLDAN FOR PROVISION OF 2 ROFESSIONAL PLAN CHECK SERVICES. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and ommon Council of the City of San Bernardino at a Joint Regular meeting thereof, held day of September , 2000, by the following vote, to wit: ABSTAIN ABSENT NAYS AYES x x x x x x C CAMMACK x The foregoing resolution is hereby approved this dav of September ,2000. -: ": " <, Ce....G..R..~. (' dith V,IIo<, M"m C ty of San Bernardino ~ Approved as to 22 form and legal content: 23 JAMES F. PENMAN, 24 City Attorney 25 ,/~ 26 27 28 - 2 - 2000-263 SERVICES AGREEMENT THIS AGREEMENT is entered into this ~ day of S:cPTe", b. \' , 2000, between BERRYMAN & HENIGAR ("CONTRACTOR") and the CITY OF SAN BERNARDINO ("CITY)" . WITNESSETH: A. WHEREAS, CITY has need for professional plan check services and, B. WHEREAS, CONTRACTOR is competent, experienced and able to perform said services: and, C. WHEREAS, CONTRACTOR has provided one of the most advantageous and best responsible proposals for the provision of such services; NOW THEREFORE, the parties hereto agree as follows: I . CONTRACTOR shall furnish professional plan check services in accordance with Proposal Specification No. F-OI-02. 2. Over the term of this Agreement, CONTRACTOR shall be paid for such services an amount in accordance with Proposal Specification No F-OI-02 and Offeror's Proposal and Statement on file in the Development Services Department. 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 (I) 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 single 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 .' . 2000-263 Services Agreement - Berryman & Henigar Page 2 on 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 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: TO THE CITY Joseph Lease Development & Inspection Svcs. Mgr. City of San Bernardino Development Services Department 300 North 'D' Street San Bernardino CA 92418 . _ 1. 2000-263 Services Agreement - Berryman & Henigar Page 3 of3 TO THE CONTRACTOR Berryman & Henigar 2001 East First Street Santa Ana, CA 92705-4020 (714) 568-7300 FAX (714) 836-5906 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-&- eL) . by R4imor WOo <;;'~t.I/IE'f,Seh/i:r~1' lIes/elen! Berryman & Henigar c-?::;/.P.r/~ /Signature Date: q. ~-(f) by: an Bernardino ATTEST: ~RckiClaJu R/chel Clark,,~i~nClerk ~'~' ~ y9Q/YV:!UVI y ~dJ".1'J (.c;.lJjI.-fU U Approved as to form ) and legal content: James F. Penman City Attorney By t~ J.f~ () '0 ~ ;.::: r<' c.:J 2000-263 ~ -0 .... CP y CP ,:"") ~ -. -.-. -' C2 %, , THIS AGREEMENT is entered into this ~h day of $;Mmb2, , 2000, between ESGIL CORPORATION ("CONTRACTOR") and the CITY OF SAN BERNARDINO ("CITY)" . SERVICES AGREEMENT WITNESSETH: A. WHEREAS, CITY has need for professional plan check services and, B. WHEREAS, CONTRACTOR is competent, experienced and able to perform said services: and, C. WHEREAS, CONTRACTOR has provided one of the most advantageous and best responsible proposals for the provision of such services; NOW THEREFORE, the parties hereto agree as follows: 1, CONTRACTOR shall furnish professional plan check services in accordance with Proposal Specification No. F-OI-02. 2. Over the term of this Agreement, CONTRACTOR shall be paid for such services an amount in accordance with Proposal Specification No. F-01-02 and Offeror's Proposal and Statement on file in the Development Services Department. 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 single 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 2000-263 . . . 'Services Agreement - EsGil Corporation 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 materiall y altered. 7. CONTRACTOR shall perform work tasks as directed by the City 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: TO THE CITY. Joseph Lease Development & Inspection Svcs. Mgr. City of San Bernardino Development Services Department 300 North 'D' Street San Bernardino CA 92418 .. . Services Agreement - EsGil Corporation Page 3 of3 TO THE CONTRACTOR 2000-263 EsGil Corporation 9320 Chesapeake Drive, Ste. 208 San Diego, CA 92123 (858) 560-1468 FAX (858) 560-1576 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 9 - l'l-OCJ Date: 9.j-oo ATTEST 1) tt~jut CJ;;u!G ~ _l)achel C. lark, City Clerk '^ . ~. yJlY)rJ VJ,Jf11;f !i.l;l!J.J /.Xfli Approved as to form "' and legal content: James F. Penman City Attorney by: by: BERNARDINO , '. ~ 2000-263 SERVICES AGREEMENT THIS AGREEMENT is entered into this '2/" day of ~13d. , 2000, between WILLDAN ("CONTRACTOR") and the CITY OF SAN BERNARDINO ("CITY)". WITNESSETH: A. WHEREAS, CITY has need for professional plan check services and, B. WHEREAS, CONTRACTOR is competent, experienced and able to perform said services: and, C. WHEREAS, CONTRACTOR has provided one of the most advantageous and best responsible proposals for the provision of such services; NOW THEREFORE, the parties hereto agree as follows: 1. CONTRACTOR shall furnish professional plan check services in accordance with Proposal Specification No. F-01-02. 2. Over the term of this Agreement, CONTRACTOR shall be paid for such services an amount in accordance with Proposal Specification No. F-01-02 and Offeror's Proposal and Statement on file in the Development Services Department. 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 single 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 , . ' ~ 2000-263 Services Agreement - Willdan Page 2 00 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 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: TO THE CITY. Joseph Lease Development & Inspection Svcs. Mgr. City of San Bernardino Development Services Department 300 North 'D' Street San Bernardino CA 92418 2000-263 . - - Services Agreement - Witldan Page 3 of3 TO THE CONTRACTOR Willdan 650 Hospitality Lane San Bernardino, CA 92408 (909) 386-0200 FAX (909) 888-5107 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: IO/-z..s ~~ I I by R(),,~IJ L. E.sPOt,L~ Willdan I ~ -~ ~. Signatl!re 51V71br" Date: 9'6-00 by: BERNARDINO ATTEST ~aeJz1l ~i!JJliu Rachel Clark, <:;ity. Cl~rk ).,. 'j)' /JJ( 01YJriAfurlJ.t tLmaJ /Y-/JlJ o~pproved as to furm and legal content: James F. Penman City ttorney