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Home My WebLink About2000-361 . , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 RESOLUTION NO. 2000-361 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING SERVICES AGREEMENTS WITH WILLDAN, CALTROP ENGINEERING CORPORATION, AND LIM AND NASCIMENTO ENGINEERING CORPORATION FOR CONSULTANT INSPECTION SERVICES FOR CAPITAL IMPROVEMENT PROJECTS (CIP). BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Willdan, Caltrop Engineering Corporation, and Lim And Nascimento Engineering Corporation are finns competent, experienced and able to perfonn requested services and have provided the rnost advantageous and responsible proposals for provision of Consultant Inspection Services for Capital Improvement Projects (CIP) per Specification No. RFP F-01-44. Pursuant to this detennination, the Purchasing Manager is hereby authorized and directed to issue Purchase Orders for said services to said finns in arnounts totaling $90,000 in aggregate, with and option for two one year extensions; 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 said agreernents on behalf of the City; a copy of each agreement is attached hereto and incorporated herein (Exhibits A, B, and C). SECTION 2. The authorization to execute the above referenced Purchase Orders is rescinded if they are not issued within sixty (60) days of the passage of this resolution. 23 III 24 III 25 III 26 27 28 - I - 2000-361 1 RESOLUTION...APPROVING SERVICES AGREEMENTS WITH WILLDAN, CALTROP ENGINEERING CORPORATION, AND LIM AND NASCIMENTO 2 ENGINEERING CORPORATION FOR CONSULTANT INSPECTION SERVICES FOR 3 CAPITAL IMPROVEMENT PROJECTS (CIP). 4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 5 6 Cornrnon Council of the City of San Bernardino at a Joint Regular meeting thereof, held 7 on the 18th 8 9 10 11 12 13 day of December , 2000, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x LIEN x MC GINNIS x SCHNETZ x 14 SUAREZ 15 ANDERSON 16 MC CAMMACK 17 18 19 ---1L- x x ,b.~ 20 21 22 The foregoing resolution is hereby approved this.20.1i day of ~ .~.. dy McCarnrnack ayor Pro Tern City of San Bernardino " . 23 Approved as to 24 form and legal content: 25 26 27 28 JAMES F. PENMAN, City Attorney T~ - 2- 2000-361 EXHIBIT "A" SERVICES AGREEMENT THIS AGREEMENT is entered into this 18th day of December , 2000, between Willdan ("CONTRACTOR") and the CITY OF SAN BERNARDINO ("CITY"). WITNESSETH: A. WHEREAS, CITY has need for professional construction inspection services and, B. WHEREAS, CONTRACTOR is cornpetent, experienced and able to perform said services: and, C. WHEREAS, CONTRACTOR has provided the most advantageous and responsible proposal for the provision of such services; NOW THEREFORE, the parties hereto agree as follows: 1. CONTRACTOR shall furnish professional construction inspection services in accordance with Proposal Specification No. RFP F 01-44. 2. Over the term of this Agreement, CONTRACTOR shall be paid through an Annual Purchase Order for such services in an amount in accordance with Proposal Specification No. RFP F 01-44 and Offeror's Proposal and Staternent; CONTRACTOR agrees that said Annual Purchase Order in addition to other Annual Purchase Orders issued to other contractors for this work shall not exceed $90,000 per year. 3. CONTRACTOR shall provide the Development Services Departrnent with a monthly invoice in arrears and shall bc 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 frorn 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 hannless from any claim, demand, liability, suit, judgrnent or expense (including, without 2000-361 Services Agreement - Willdan Page 2 of3 limitation, reasonable costs and attorneys' fees) 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 "attorneys' fees" for the purposes of this paragraph. 6. While not restricting or limiting the foregoing, during the term of this Agreement, CONTRACTOR shall rnaintain in effect policies of cornprehensive public, general, and automobile liability insurance, in the amount of $1,000,000 combined single lirnit, 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 rnaterially 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, promotion, 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 Developrnent Services Department 300 North 'D' Street San Bernardino CA 92418 2000-361 Services Agreement - Willdan Page 3 00 TO THE CONTRACTOR Willdan 650 Hospitality Lane, Suite 400 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: 130/0/ r by: WILLDAN ROl\ J L. c Name/Title 'Sr. V~(>(_.. Date: 10/,;).0/00 I by: . c// Wendy rrunack Mayor Pro Tern City of San Bernardino ATTEST: ~Ci~le~ Approved as to form and legal content: James F. Penman City Attorney 2000-361 , EXHIBIT "B" SERVICES AGREEMENT THIS AGREEMENT is entered into this 18th day of December , 2000, between Caltrop Engineering Corporation ("CONTRACTOR") and the CITY OF SAN BERNARDINO ("CITY"). WITNESSETH: A. WHEREAS, CITY has need for professional construction inspection services and, B. WHEREAS, CONTRACTOR is competent, experienced and able to perform said services: and, C. WHEREAS, CONTRACTOR has provided the most advantageous and responsible proposal for the provision of such services; NOW THEREFORE, the parties hereto agree as follows: I. CONTRACTOR shall furnish professional construction inspection services in accordance with Proposal Specification RFP F-01-44. 2. Over the term of this Agreement, CONTRACTOR shall be paid through an Annual Purchase Order for such services in an amount in accordance with Proposal Specification No. RFP F 01-44 and Offeror's Proposal and Statement; CONTRACTOR agrees that said Annual Purchase Order in addition to other Annual Purchase Orders issued to other contractors for this work shall not exceed $90,000 per year. 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 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 2000-361 Services Agreement - Ca!trop Page 2 of3 limitation, reasonable costs and attorneys' fees) 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 "attorneys' 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 perfonnance of this Agreemenc and in the hiring, promotion, 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 c. r Services Agreement - Caltrop Page 3 00 TO THE CONTRACTOR 2000-361 Caltrop Engineering Corporation 1037 W. Ninth Street Upland, CA 91786 (909) 931-9331 FAX (909) 931-0061 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: Januarv 10. 2001 Date: ;.:z;;o /00 I ATTEST: ~ /;1. (ILJ~ Rac Clark, City Clerk Approved as to form and legal content: James F. Penman City Attorney By: ~~~ "?~ o by: by: C/ CAL TROP ENGINEERING CORPORA nON MiEhael Tahan. Vice President Nlmr~itlp ~1 \~)~ Signature Wendy arrunack Mayor Pro Tern City of San Bernardino 2000-361 EXHIBIT "c" SERVICES AGREEMENT THIS AGREEMENT is entered into this 18th day of De~~mt~'; ~ i66if,bdween Lim & Nascimento Engineering Corporation. ("CONTRACTOR") and the CITY OF SAN BERNARDINO ("CITY"). ',"1 .,>,.... '" WITNESSETH: A. WHEREAS, CITY has need for professional construction inspection services and, B. WHEREAS, CONTRACTOR lS competent, experienced and able to perform said services: and, C. WHEREAS, CONTRACTOR has provided the most advantageous and responsible proposal for the provision of such services; NOW THEREFORE, the parties hereto agree as follows: I. CONTRACTOR shall furnish professional construction inspection services in accordance with Proposal Specification RFP F-01-44. 2. Over the term of this Agreement, CONTRACTOR shall be paid through an Annual Purchase Order for such services in an amount in accordance with Proposal Specification No. RFP F 01-44 and Offeror's Proposal and Statement; CONTRACTOR agrees that said Annual Purchase Order in addition to other Annual Purchase Orders issued to other contractors for this work shall not exceed $90,000 per year. 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 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 2000-361 Services Agreement - LAN Page 2 00 limitation, reasonable costs and attorneys' fees) 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 "attorneys' 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 $1,000,000 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the CITY's Risk Manager prior to undertaking any work under this Agreement. The policies shall name the CITY as an additional insured and shall provide for ten (10) day notification to the CITY if said policies are terminated or materially altered. 7. CONTRACTOR shall perform work tasks as directed by the City Engineer, but for all intents and purposes, CONTRACTOR shall be an independent contractor and not an agent or employee of the CITY. 8. In the performance of this Agreement and in the hiring, promotion, and recruitment of employees, CONTRACTOR shall not discriminate on the basis of race, creed, color, religion, sex, physical handicap, ethnic background or country of origin. 9. Any notice to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: TO THE CITY: Raymond A. Casey, City Engineer City of San Bernardino Development Services Department 300 North 'D' Street San Bernardino CA 92418 Services Agreement - LAN Page 3 00 TO THE CONTRACTOR 2000-361 Lim & Nascimento Engineering Corporation l836-L Commercenter Circle San Bernardino, CA 92408 (909) 890-0477 FAX (909) 890-0467 Nothing in this paragraph shall be construed to prevent the giving of notice by personal service. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above shown. Date: I/p/OI ( I Date: /d.k.frJO I ATTEST: ~~L h. CwJ___ Rach Clark, City Clerk Approved as to form and legal content: James F. Penman City Attorney By: Jh,~ J.~ o by: LIM & NASCIMENTO ENGINEERING CORPORATION GI/'L-+fif-fZ..M€ J. !1I/t$U4ll~rJ'-O ?tZ€SI.otE,....; I