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Home My WebLink About2000-362 '.\ 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. 2000-362 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING SERVICES AGREEMENTS WITH NOLTE ASSOCIATES, INC., NORRIS-REPKE, INC., AND HERNANDEZ, KROONE & ASSOCIATES FOR PROVISION OF CONSTRUCTION SURVEY SERVICES BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION I. NOLTE ASSOCIATES, INC., NORRIS-REPKE, INC., and HERNANDEZ, KROONE & ASSOCIATES are firms competent, experienced and able to perform requested services and have provided the most advantageous and responsible proposals for provision of professional of construction survey services per Specification No. RFP F-01-43. Pursuant to this determination, the Purchasing Manager is hereby authorized and directed to issue Purchase Orders for said services to said firms in amounts totaling $90,000 in aggregate, with an 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 agreements 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 The authorization to execute the above referenced Purchase Orders is rescinded if they are not issued within sixty (60) days of the passage of this resolution. III III III - I - 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 2000-362 RESOLUTION...APPROVING SERVICES AGREEMENTS WITH NOLTE ASSOCIATES, INC., NORRIS-REPKE, INC., AND HERNANDEZ, KROONE & ASSOCIATES FOR PROVISION OF CONSTRUCTION SURVEY SERVICES. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a Joint Regular meeting thereof, held on the 18th day of December , 2000, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x LIEN x MC GlNNIS x SCHNETZ x SUAREZ ~ ANDERSON x MC CAMMACK x ~ /J. Ch,..J ----"~- Cit, lerk The foregoing resolution is hereby approved this ;;;r;J:)v day of December ~ VVen McCanunack Mayor Pro Tern City of San Bernardino ,2000. ~/ Approved as to form and legal content: JAMES F. PENMAN, City Attorney By: III - 2 - 2000-362 Exhibit A SERVICES AGREEMENT THIS AGREEMENT is entered into this 18th day of December , 2000, between NOLTE ASSOCIATES, INC. ("CONTRACTOR") and the CITY OF SAN BERNARDINO ("CITY"). WITNESSETH: A. WHEREAS, CITY has need for professional construction surveymg 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 constmction survey services in accordance with Proposal Specification No. RFP F-01-43. 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- 01-43 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. 2000-362 Services Agreement - Nolte Associates, Inc. Page 2 00 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 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 $1,000,000 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the CITY's Risk Manager prior to undertaking any work under this Agreement. The policies shall name the CITY as an additional insured and shall provide for ten (10) day notification to the CITY if said policies are terminated or materially altered. 7. CONTRACTOR shall perform work tasks as directed by the City Engineer, but for all intents and purposes, CONTRACTOR shall be an independent contractor and not an agent or employee of the CITY. 8. In the performance of this Agreement and in the hiring, promotion, and recruitment of employees, CONTRACTOR shall not discriminate on the basis ofrace, creed, color, religion, sex, physical handicap, ethnic background or country of origin. 9. Any notice to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: 2000-362 Services Agreement - Nolte Associates, Inc. Page 3 00 TO THE CITY: Raymond A. Casey, City Engineer City of San Bernardino Development Services Department 300 North 'D' Street San Bernardino CA 92418 TO THE CONTRACTOR: Nolte Associates, Inc. 710 Rimpau Avenue, Suite 208 Corona, CA 91719 (909) 372-2760 FAX (909) 279-6210 Nothing in this paragraph shall be construed to prevent the giving of notice by personal service. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above shown. Date:! / '3/D I I / by: Date: /c2L~/()o f f CITY OF S;:\~/~~ARDINO b~$~-4L VVend~4JcCarrunack Mayor Pro Tern City of San Bernardino ATTEST: ~Ci~Cle~ Approved as to form and legal content: James F. Penman City Attorney By: t~-,~ ;. ~ o 2000-362 Exhibit B , SERVICES AGREEMENT THIS AGREEMENT is entered into this ~ day of f'W(Il..U~_' 2001. between NORRIS-REPKE, INC., ("CONTRACTOR") and the CITY OF SA BERNARDINO ("CITY"). WITNESSETH: A. WHEREAS, CITY has need for professional construction surveymg 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 survey services in accordance with Proposal Specification No. RFP F-01-43. 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- 01-43 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. 2000-362 Services Agreement - Norris-Repke, Inc. ; Page 2 of3 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 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: " 2000-362 Services Agreement - Norris-Repke, Inc. Page 3 00 TO THE CITY: Raymond A. Casey, City Engineer City of San Bernardino Development Services Department 300 North 'D' Street San Bernardino CA 92418 TO THE CONTRACTOR: Norris-Repke, Inc. 600 North Tustin Avenue, Suite 250 Santa Ana, CA 92706-3736 (714) 973-2230 FAX (714) 973-2263 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. NORRIS-REPKE, INC. by: Nam~e Signature Date: Date: ) ;;./;;UJ JIJ() r r by.....;/ '/ CitjT of S2n Be~~nrJir..0 ATTEST: ~it~l~r~ Approved as to form and legal content: James F. Penman City Attorney By: L 7-.~ o 2000-362 . Exhibit C SERVICES AGREEMENT THIS AGREEMENT is entered into this ~ day of F'e.lU(Aa.<"'j , 200'1, between HERNANDEZ, KROONE & ASSOCIATES. ("CONTRACTOR") and the CITY OF SAN BERNARDINO ("CITY"). WITNESSETH: A. WHEREAS, CITY has need for professional construction surveymg 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 survey services in accordance with Proposal Specification No. RFP F-01-43. 2. Over the term ofthis Agreement, CONTRACTOR shall be paid through an Annual Purchase Order for such services in an amount in accordance with Proposal Specification No. RFP F- 01-43 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 ofthis 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. t 2000-362 Services Agreement - Hernandez, Kroone & Associates. Page 2 of3 5. CONTRACTOR shall indemnify, defend and hold CITY, its officers, employees and agents harnlless from any claim, demand, liability, suit, judgment or expense (including, without 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 purposcs, 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: 2000-362 Services Agreement - Hernandez, Kroone & Associates. Page 3 of3 TO THE CITY: Raymond A. Casey, City Engineer City of San Bernardino Development Services Department 300 North 'D' Street San Bernardino CA 92418 TO THE CONTRACTOR: Hernandez, Kroone & Associates 234 E. Drake Drive San Bernardino, CA 92408 (909) 884-3222 FAX (909) 383-1577 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: 1/1710/ , I by: iNC. Date: I ,~Jd-O 100 RN~~ by: ~ /.-/ Wen -IcCam:nack Mayor Pro Tem City of San Bernardino ATTEST: ~b.~ Rac I Clark, CIty Clerk Approved as to form and legal content: James F. Penman City Attorney By: ?~