HomeMy WebLinkAbout2007-374
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RESOLUTION NO. 2007-374
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
CITY MANAGER TO EXECUTE SERVICES AGREEMENTS WIm WILLDAN
ASSOCIATES, INTERWEST CONSULTING GROUP AND ESGIL CORPORATION
FOR THE PROVISION OF PROFESSIONAL BUILDING PLAN CHECK SERVICES.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. WILLDAN ASSOCIATES, INTERWEST CONSULTING GROUP AND
ESGIL CORPORATION are firms competent, experienced and able to perform said services and
have provided the most advantageous and best responsible proposals for provision of
PROFESSIONAL PLAN CHECK SERVICES, per Specification No. F-07-48 for purchase
order amounts totaling $450,000 in aggregate, with two single year renewal options. Pursuant to
this determination, the Purchasing Manager is hereby authorized and directed to issue Purchase
Orders for said services to said firms; and all other proposals are hereby rejected. The City
Manager is hereby authorized and directed to execute Services 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 The authorization to execute the above referenced agreements is rescinded
if they are not executed within sixty (60) days of the passage of this resolution.
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1 RESOLUTION...AUTHORIZING THE CITY MANAGER TO EXECUTE
2 SERVICES AGREEMENTS WITH WILLDAN ASSOCIATES, INTERWEST
CONSULTING GROUP AND ESGIL CORPORATION FOR THE PROVISION OF
3 PROFESSIONAL PLAN CHECK SERVICES.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a i oint resular
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meeting thereof, held
on the
4th
,2007, by the following vote, to wit:
day of September
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Council Members: AYES NAYS ABSTAIN ABSENT
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ESTRADA x
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10 BAXTER x
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11 BRINKER x
12 x
DERRY
13 KELLEY
x
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JOHNSON x
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MCCAMMACK -L-
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~. rJ..o;Ju
b'i 0CW1~~tnCity ~\.t~.
The foregoing resolution is hereby approved'ihis J day of !;ePt~"r , 2007~
~4-.
Esther Estrada, Mayor Pro Tern
City of San Bernardino
Approved as to Form:
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2007-374
Exhibit A
AGREEMENT FOR PROFESSIONAL BUILDING PLAN CHECK SERVICES
TillS AGREEMENT is made and entered into this 4 th day of September ,
2007 ("Effective Date"), by and between the CITY OF SAN BERNARDINO, a charter
city ("City"), and Willdan Associates, a California corporation ("Consultant").
WITNESSETH:
A. WHEREAS, City proposes to have Consultant perform professional building plan
check services described herein; and
B. WHEREAS, Consultant represents that it has that degree of specialized expertise
contemplated within California Government Code, Section 37103, and holds all
necessary licenses to practice and perform the services herein contemplated; and
C. WHEREAS, City and Consultant desire to contract for professional building plan
check services and desire to set forth their rights, duties and liabilities in connection with
the services to be performed; and
D. WHEREAS, no official or employee of City has a financial interest, within the
provisions of California Government Code, Sections 1090-1092, in the subject matter of
this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and
conditions contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONSULTANT
1.1. Scope of Services. Consultant shall furnish professional building plan
check services to City in accordance with Specification No. F-07-48 on file with the
Director of Development Services and with Consultant's Proposal dated June 27. 2007.
attached and incorporated herein as Attachment 1.
1.2. Professional Practices. All professional services to be provided by
Consultant pursuant to this Agreement shall be provided by personnel experienced in
their respective fields and in a manner consistent with the standards of care, diligence and
skill ordinarily exercised by professional Consultants in similar fields and circumstances
in accordance with sound professional practices. Consultant also warrants that it is
familiar with all laws that may affect its performance of this Agreement and shall advise
City of any changes in any laws that may affect Consultant's performance of this
Agreement.
1.3. Warranty. Consultant warrants that it shall perform the services required
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by this Agreement in compliance with all applicable Federal and California employment
laws including, but not limited to, those laws related to minimum hours and wages;
occupational health and safety; fair employment and employment practices; workers'
compensation insurance and safety in employment; and all other Federal, State and local
laws and ordinances applicable to the services required under this Agreement.
Consultant shall indemnify, defend, and hold harmless City from and against all claims,
demands, payments, suits, actions, proceedings, and judgments of every nature and
description, including attorneys' fees and costs, presented, brought, or recovered against
City for, or on account of any liability under any of the above-mentioned laws, which
may be incurred by reason of Consultant's performance under this Agreement.
1.4. Non-discrimination. In performing this Agreement, Consultant shall not
engage in, nor permit its agents to engage in, discrimination in employment of persons
because of their race, religion, color, national origin, ancestry, age, physical handicap,
medical condition, marital status, sexual gender or sexual orientation, or any other
category protected by law, except as permitted pursuant to Section 12940 of the
Government Code. Violation of this provision may result in the imposition of penalties
referred to in Labor Code, Section 1735.
1.5 Non-Exclusive A!!reement. Consultant acknowledges that City may enter
into agreements with other Consultants for services similar to the services that are subject
to this Agreement or may have its own employees perform services similar to those
services contemplated by this Agreement.
1.6. Delegation and Assignment. This is a personal services contract, and the
duties set forth herein shall not be delegated or assigned to any person or entity without
the prior written consent of City.
I. 7. Business License: The Consultant shall obtain and maintain a valid City
Business Registration Certificate during the term of this Agreement.
1.8. Dutv of Lovaltv/Conflict of Interest: The Consultant understands and
agrees that in performing building plan check services for the City, Consultant shall
maintain a fiduciary duty and a duty of loyalty to the City in performing Consultant's
obligations under this Agreement. Consultant, in performing its obligations under this
Agreement, is governed by California's conflict of interest laws, Government Code
Section 87100 et seq., and Title 2, California Code of Regulations Section 18700 et seq.
2.0. COMPENSATION AND BILLING
2.1. Compensation. Over the term of this Agreement, Consultant shall be paid
for such services in accordance with Attachment I.
2.2. Additional Services. Consultant shall not receive compensation for any
services provided outside the Scope of Services specified in this Agreement unless the
City, prior to Consultant performing the additional services, approves such additional
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services in wntmg. It is specifically understood that oral requests and/or approvals of
such additional services or additional compensation shall be barred and are
unenforceable.
2.3. Method of Billing. Consultant may ~ubmit invoice~ to City's
Development Services Director for approval on a progress basis, but no more 'often than
monthly. Said invoice shall be based on the total of all of Consultant's services which
have been completed to City's sole satisfaction. City shall pay Consultant's invoice
within forty-five (45) days from the date City receives said invoice. Each invoice shall
describe in detail, the services performed and the associated time for completion. Any
additional services approved and performed pursuant to this Agreement shall be
designated as "Additional Services" and shall identify the number of the authorized
change order, where applicable, on all invoices.
2.4. Records and Audits. Records of Consultant's services relating to this
Agreement shall be maintained in accordance with generally recognized accounting
principles and shall be made available to City for inspection and/or audit at mutually
convenient times for a period of three (3) years from the Effective Date.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. The professional services to be
performed pursuant to this Agreement shall commence within five (5) days from the
Effective Date of this Agreement. Said services shall be performed in strict compliance
with the Schedule issued by the Development Services Director or her designee. Failure
to commence work in a timely manner and/or diligently pursue work to completion may
be grounds for termination of this Agreement. The standard turn-around time for
assigned plan checks shall be 10 (ten) working days for the initial check and 5 (five)
working days for rechecks. If these standard turn-around times are not met, a penalty of
10 (ten) percent of the Consultant's plan check fee will be assessed for the assigned plan
check.
3.2. Excusable Delavs. Neither party shall be responsible for delays or lack of
performance resulting from acts beyond the reasonable control of the party or parties.
Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages,
compliance with laws or regulations, riots, acts of war, or any other conditions beyond
the reasonable control of a party.
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and
continue for a period of one (1) year, ending one year after the Effective Date, unless
previously terminated as provided herein or as otherwise agreed to in writing by the
parties. There may be two one-year extensions of the Agreement upon mutual agreement
ofthe parties.
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4.2. Notice of Termination. The City reserves and has the right and privilege
of canceling, suspending or abandoning the execution of all or any part of the work
contemplated by this Agreement, with or without cause, at any time, by providing written
notice to Consultant. The termination of this Agreement shall be deemed effective upon
receipt of the notice of termination. In the event of such termination, Consultant shall
immediately stop rendering services under this Agreement unless directed otherwise by
the City.
4.3. Compensation. In the event of termination, City shall pay Consultant for
reasonable costs incurred and professional services satisfactorily performed up to and
including the date of City's written notice of termination. Compensation for work in
progress shall be prorated as to the percentage of work completed as of the effective date
of termination in accordance with the fees set forth herein. In ascertaining the
professional services actually rendered hereunder up to the effective date of termination
of this Agreement, consideration shall be given to both completed work and work in
progress, to complete and incomplete drawings, and to other documents pertaining to the
services contemplated herein whether delivered to the City or in the possession of the
Consultant.
4.4 Documents. In the event of termination of this Agreement, all documents
prepared by Consultant in its performance of this Agreement including, but not limited
to, finished or unfinished design, development and construction documents, data studies,
drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery
of termination notice to Consultant, at no cost to City. Any use of uncompleted
documents without specific written authorization from Consultant shall be at City's sole
risk and without liability or legal expense to Consultant.
5.0. INSURANCE
5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain and
maintain during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive general liability, including premises-operations,
products/completed operations, broad form property damage,
blanket contractual liability, independent Consultants, personal
injury with a policy limit of not less than One Million Dollars
($1,000,000.00), combined single limits, per occurrence and
aggregate.
(b) Automobile liability for owned vehicles, hired, and non-owned
vehicles, with a policy limit of not less than One Million Dollars
($1,000,000.00), combined single limits, per occurrence and
aggregate.
(c) Workers' compensation insurance as required by the State of
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California.
(d) Professional errors and omissions ("E&O") liability insurance with
policy limits of not less than One Million Dollars ($1,000,000.00),
combined single limits, per occurrence and aggregate. Consultant
shall obtain and maintain, said E&O liability insurance during the
life of this Agreement and for three years after completion of the
work hereunder.
5.2. Endorsements. The comprehensive general liability insurance policy shall
contain or be endorsed to contain the following provisions:
(a) Additional insureds: "The City of San Bernardino and its elected
and appointed boards, officers, agents, and employees are addition-
al insureds with respect to Consultant's performance under this
Agreement with City."
(b) Notice: "Said policy shall not terminate, nor shall it be cancelled,
nor the coverage reduced, until thirty (30) days after written notice
is given to City; ten (10) days notice if cancellation is due to non-
payment of premium."
(c) Other insurance: "Any other insurance maintained by the City of
San Bernardino shall be excess and not contributing with the
insurance provided by this policy."
5.3. Certificates of Insurance. Consultant shall provide to City certificates of
insurance showing the insurance coverages and required endorsements described above,
in a form and content approved by City, prior to performing any services under this
Agreement.
5.4. Non-limiting. Nothing in this Section shall be construed as limiting in any
way, the indemnification provision contained in this Agreement, or the extent to which
Consultant may be held responsible for payments of damages to persons or property.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement. This Agreement constitutes the entire Agreement
between the parties with respect to any matter referenced herein and supersedes any and
all other prior writings and oral negotiations. This Agreement may be modified only in
writing, and signed by the parties in interest at the time of such modification. The terms
of this Agreement shall prevail over any inconsistent provision in any other contract
document appurtenant hereto, including exhibits to this Agreement.
6.2. Representatives. The Director of Development Services or her designee
shall be the representative of City for purposes of this Agreement and may issue all
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consents, approvals, directives and agreements on behalf of the City, called for by this
Agreement, except as otherwise expressly provided in this Agreement.
Consultant shall designate a representative for purposes of this Agreement
who shall be authorized to issue all consents, approvals, directives and agreements on
behalf of Consultant called for by this Agreement, except as otherwise expressly
provided in this Agreement.
6.3. Notices. Any notices, documents, correspondence or other
communications concerning this Agreement or the work hereunder may be provided by
personal delivery, facsimile or mail and shall be addressed as set forth below. Such
communication shall be deemed served or delivered: a) at the time of delivery if such
communication is sent by personal delivery; b) at the time of transmission if such
communication is sent by facsimile; and c) 48 hours after deposit in the U.S. Mail as
reflected by the official U.S. postmark if such communication is sent through regular
United States mail.
IF TO CONSULTANT:
Ronald L. Espalin, PE
Willdan Associates
650 East Hospitality Lane, Ste. 400
San Bernardino, CA 92408
Fax: (909) 888-5107
Tel: (909) 386-0200
IF TO CITY:
Valerie C. Ross
Director of Development Services
300 North "D" Street
San Bernardino, CA 92418
Fax: 909-384-5080
Tel: 909-384-5357
6.4. Attornevs' Fees. In the event that litigation is brought by any party in
connection with this Agreement, the prevailing party shall be entitled to recover from the
opposing party all costs and expenses, including reasonable attorneys' fees, incurred by
the prevailing party in the exercise of any of its rights or remedies hereunder or the
enforcement of any of the terms, conditions, or provisions hereof. The costs, salary and
expenses of the City Attorney and members of his office in connection with that action
shall be considered as "attorneys' fees" for the purposes of this Agreement.
6.5. Governing Law. This Agreement shall be governed by and construed
under the laws of the State of California without giving effect to that body of laws
pertaining to conflict of laws. In the event of any legal action to enforce or interpret this
Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of
competent jurisdiction located in San Bernardino County, California.
6.6. Assignment. Consultant shall not voluntarily or by operation of law
assign, transfer, sublet or encumber all or any part of Consultant's interest in this
Agreement without City's prior written consent. Any attempted assignment, transfer,
subletting or encumbrance shall be void and shall constitute a breach of this Agreement
and cause for termination of this Agreement. Regardless of City's consent, no subletting
or assignment shall release Consultant of Consultant's obligation to perform all other
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obligations to be performed by Consultant hereunder for the term of this Agreement.
6.7 Indemnification and Hold Harmless. Consultant shall defend, indemnify,
and hold harmless City and its elected and appointed officials, officers, and employees
from any and all claims, lawsuits, liabilities, expenses, including attorney's fees, damage
to property or injuries to or death of any person or persons or damages of any nature
including, but not limited to, all civil claims or workers' compensation claims, to the
extent arising out of, pertaining to, or related to the negligence, recklessness, or willful
misconduct of Consultant, its employees, agents or subcontractors in the performance of
this Agreement, except that such duty to defend, indemnify, and hold harmless shall not
apply to the extent where injury to person or property is caused by City's negligence,
recklessness or willful misconduct.
6.8. Independent Consultant. Consultant is and shall be acting at all times as an
independent Consultant and not as an employee of City. Consultant shall secure, at his
expense, and be responsible for any and all payment of Income Tax, Social Security,
State Disability Insurance Compensation, Unemployment Compensation, and other
payroll deductions for Consultant and its officers, agents, and employees, and all business
licenses, if any are required, in connection with the services to be performed hereunder.
6.9. Ownership of Documents. All findings, reports, documents, information
and data including, but not limited to, computer tapes or discs, files and tapes furnished
or prepared by Consultant or any of its subcontractors in the course of performance of
this Agreement, shall be and remain the sole property of City. Consultant agrees that any
such documents or information shall not be made available to any individual or
organization without the prior consent of City. Any use of such documents for other
projects not contemplated by this Agreement, and any use of incomplete documents, shall
be at the sole risk of City and without liability or legal exposure to Consultant. City shall
indemnify and hold harmless Consultant from all claims, damages, losses, and expenses,
including attorneys' fees, arising out of or resulting from City's use of such documents
for other projects not contemplated by this Agreement or use of incomplete documents
furnished by Consultant. Consultant shall deliver to City any findings, reports,
documents, information, data, in any form, including but not limited to, computer tapes,
discs, files audio tapes or any other Project related items as requested by City or its
authorized representative, at no additional cost to the City.
6.10. Public Records Act Disclosure. Consultant has been advised and is aware
that all reports, documents, information and data including, but not limited to, computer
tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, and
provided to City may be subject to public disclosure as required by the California Public
Records Act (California Government Code Section 6250 et. seq.). Exceptions to public
disclosure may be those documents or information that qualify as trade secrets, as that
term is defined in the California Government Code Section 6254.7, and of which
Consultant informs City of such trade secret. The City will endeavor to maintain as
confidential all information obtained by it that is designated as a trade secret. The City
shall not, in any way, be liable or responsible for the disclosure of any trade secret
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including, without limitation, those records so marked if disclosure is deemed to be
required by law or by order of the Court.
6.11. Responsibilitv for Errors. Consultant shall be responsible for its work and
results under this Agreement. Consultant, when requested, shall furnish clarification
and/or explanation as may be required by the City's representative, regarding any
services rendered under this Agreement at no additional cost to City. In the event that an
error or omission attributable to Consultant occurs, then Consultant shall, at no cost to
City, provide all necessary data, documents, and other Consultant professional services
necessary to rectify and correct the matter to the sole satisfaction of City and to
participate in any meeting required with regard to the correction.
6.12. Prohibited Emplovrnent. Consultant will not employ any regular
employee of City while this Agreement is in effect.
6.13. Order of Precedence. In the event of an inconsistency or conflict in this
Agreement and any of the attached Exhibits or Attachments, the terms set forth in this
Agreement shall prevail.
6.14. Costs. Each party shall bear its own costs and fees incurred in the
preparation and negotiation of this Agreement and in the performance of its obligations
hereunder except as expressly provided herein.
6.15. No Third Partv Beneficiarv RilZhts. This Agreement is entered into for the
sole benefit of City and Consultant and no other parties are intended to be direct or
incidental beneficiaries of this Agreement and no third party shall have any right in,
under or to this Agreement.
6.16. Headings. Paragraphs and subparagraph headings contained in this
Agreement are included solely for convenience and are not intended to modify, explain or
to be a full or accurate description of the content thereof and shall not in any way affect
the meaning or interpretation of this Agreement.
6.17. Construction. The parties have participated jointly in the negotiation and
drafting of this Agreement. In the event an ambiguity or question of intent or
interpretation arises with respect to this Agreement, this Agreement shall be construed as
if drafted jointly by the parties and in accordance with its fair meaning. There shall be no
presumption or burden of proof favoring or disfavoring any party by virtue of the
authorship of any of the provisions of this Agreement.
6.18. Amendments. Only a writing executed by the parties hereto or their
respective successors and assigns may amend this Agreement.
6.19. Waiver. The delay or failure of either party at any time to require
performance or compliance by the other of any of its obligations or agreements shall in
no way be deemed a waiver of those rights to require such performance or compliance.
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No waiver of any provision of this Agreement shall be effective unless in writing and
signed by a duly authorized representative of the party against whom enforcement of a
waiver is sought. The waiver of any right or remedy with respect to any occurrence or
event shall not be deemed a waiver of any right or remedy with respect to any other
occurrence or event, nor shall any waiver constitute a continuing waiver.
6.20. Severabilitv. If any provision of this Agreement is determined by a court
of competent jurisdiction to be unenforceable in any circumstance, such determination
shall not affect the validity or enforceability of the remaining terms and provisions hereof
or of the offending provision in any other circumstance.
6.21. Counterparts. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original. All counterparts shall be
construed together and shall constitute one agreement.
6.22. Corporate Authoritv. The persons executing this Agreement on behalf of
the parties hereto warrant that they are duly authorized to execute this Agreement on
behalf of said parties and that by doing so, the parties hereto are formally bound to the
provisions of this Agreement.
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AGREEMENT FOR PROFESSIONAL PLAN CHECK SERVICES
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their respective authorized officers, as of the date first above
written.
CITY OF SAN BERNARDINO,
A Municipal Corporation,
CONSULTANT
WllLDAN ASSOCIATES
BY-~~~
Ronald L. Espali .E.
Senior Vice President
Fred
Approved as to form:
James F. Penman,
City Attorney
t .It
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2007-374
A'ITACHMENT 1
'\Xl ~~~u~R~~
650 Hospitality Lane, Suite 400
San Bernardino, California 92408-3317
909/386-0200 fax 909/888-51707
www.willdan.com
June 27, 2007
Ms, Deborah R. Morrow
CITY OF SAN BERNARDINO
300 N. "0" Street, 4th Floor
San Bernardino, CA 92418
Subject:
Proposal - Expeditious Building Plan Review Services
RFP# F-07-48
Dear Ms. Morrow:
Willdan welcomes the opportunity to present this proposal to provide expeditious
building and safety plan check services for the City of San Bernardino. While our
exceptional qualifications in Building and Safety plan check services are
presented in the proposal, listed below are reasons why Willdan is qualified to
perform this service to the City of San Bernardino.
. Willdan has maintained a local office in San Bernardino for more than
twenty-eight years.
. We specialize in Building and Safety plan check and inspection services,
engineering plan check and public works inspection services.
. All of our key staff were former public sector employees.
. Local contractors, architects, engineers and property owners may meet
with plan check staff in Willdan's San Bernardino office, thereby relieving
congestion at City Hall.
. Large projects will be plan checked locally and given special handling
under the direction of the City's Building Official.
. Our staff is familiar with the City's procedures and standards of
construction,
Our approach to each assignment is to furnish the client with technical
assistance and strong project management in a professional, efficient and
economical manner. We are looking forward to continuing to provide building
and safety services to the City of San Bernardino and would welcome any
request to further present our qualifications, capabilities and approach to this
assignment.
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2007-374
This bid shall remain valid for a period of not less than ninety (90) days from the
date of submittal. .
Respectfully submitted, L
WILLDAN
~/y ,
Ronald L Espalin, PE
Senior Vice President
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2007-374
SCOPE of SERVICES
Willdan specializes in providing professional building, engineering, and planning
services to municipalities. The firm has been providing building and safety
services to cities and counties on a contract basis since 1979.
Willdan presently serves in the capacity of Building Official in more than 20 cities
throughout California. In this capacity, we provide a full range of services
including plan review, permit issuance, inspection and code enforcement. We
service client needs from an occasional overload plan review to staffing an entire
Building Department. Willdan has gained a great deal of municipal insight and
expertise in serving our extensive clientele over the years. We have performed
plan review and inspection on projects ranging from single family residential
additions to complex high rise towers, medical facilities and industrial centers.
Willdan's experience and strength in building and safety plan check
encompasses the complete range of technical disciplines, that is, structural
engineering plan check, fire-life safety, electrical, plumbing and mechanical
codes, the Title 24 codes, as well as local amendments to the adopted codes.
SCOPE OF SERVICES
Plan Check Services
Willdan will examine building plans for compliance with the adopted version of
the California Building Code, California Mechanical Code, California Plumbing
Code, National Electrical Code, and the Accessibility, Noise and Energy
Conservation requirements as mandated by State Title 24 and all applicable
Ordinances. Our approach to the plan check process includes attention to code
requirements as well as an overview of the application package for other
applicable requirements such as approvals from other local agencies and
districts. Willdan's plan checkers are registered engineers and certified plans
examiners. All plan review will comply with the City's directives, codes and
policies. Plan check will include a review of any or all of the following design
elements as determined by the City: '
Architectural
and life-safety
Structu ral
Electrical
Plumbing
Mechanical
Energy Conservation Regulations (Title 24)
Disabled Access Regulations (C.B.C. - T-24)
Turn-Around Schedule
Typical turn-around time for the initial plan check is eight (8) working days, four
(4) days for rechecks. This schedule is applicable for all types of construction
and can be adjusted to serve the City in the most efficient manner. Willdan will
provide expedited plan review if requested at no additional cost to the City.
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City of San Bernardino
RFP F - 07 - 48
June 27, 2007
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2007-374
Willdan staff will either pick up the plans from the City, or have them overnighted
to our office at no cost to the City. All plans will be returned to the City either by
messenger or overnight delivery at no cost to the City.
Willdan will notify each applicant with two complete sets of typewritten plan
check letters outlining the documents reviewed, instructions to the applicant
regarding the processing of documents, and a listing of plan check comments.
The plan check comments will refer to appropriate sheets, details or calculations
pages and the code section of concern. Comments shall specify the apparent
code violation.
Plan checkers will be available during work hours to discuss and clarify plan
check issues with designers, owners and contractors. Plan checkers will be
prepared to attend all required meetings at a location determined by the City
and/or applicant, either the same day as requested, or within 24 hours notice.
Resolutions of code issues may be accomplished by telephone, or meetings prior
to resubmitting corrected plans and documents. Plan checkers will attend all
required meetings as deemed necessary by the City Building Official. During
unforeseen high work load periods, Willdan will employ company-wide resources
to ensure that all plan review is being performed in the specific time allowed.
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City of San Bernardino
RFP F - 07 - 48
June 27, 2007
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2007-374
PRICE FORM
REQUEST FOR QUOTES:
RFP F-07-48
DESCRIPTION OF RFP:
Expeditious Building Plan Review Services
BIDDER'S NAME/ADDRESS:
WILLDAN
650 Hospitality Lane
Suite #400
San Bernardino CA 92408
NAMEfTELEPHONE NO. OF
AUTHORIZED REPRESENTATIVE Ronald L. Espalin, P.E., Senior Vice President
909-386-0200
ANNUAL PURCHASE ORDER
Effective on or about July 1, 2007 through June 30, 2008 plus two single-year options, for
City's partial requirements, on an as-needed basis, with no guaranteed usage for Expeditious
Building Plan Review Services.
Ootion vear one, if exercised, shall be effective July 1, 2008 through June 30, 2009, Ootion
year two, if exercised, shall be effective July 1, 2009 through June 30, 2010. Actual option
year pricing shall be negotiated with the successful Bidder(s) prior to exercising of any given
option year. Option years shall become effective only upon issuance by the City of a duly
authorized Purchase Order.
Please provide detailed Firm Fixed Price cost information in the spaces provided below, and
any other incidental or additional costs required to complete the Technical Specification
requirements.
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2007-374
RFQ F-07-48
PRICE FORM (contL)
Description
Cost
1. Percentage of Plan Review Fee (See Schedule of Fees):
Please see attached
2. Percentage of Plan Review Fees (Structural Only):
Please see attached
3. Hourly Rate:
Please see attached
4. Optional Services:
Please see attached
5. Other:
Please see attached
Are there any other additional or incidental costs that will be require
meet the requirements of the Technical Specifications? Yes I No
answered "Yes", please provide detail of said additional costs:
your firm in order to
. (Circle one). If you
Please indicate any elements of the Technical Specifications that cannot be met by your firm. _
Have you included in your bid all informational items and forms as requested?@ I No
(circle one). If you answered "No", please explain:
This offer shall remain firm for 90 days from RFP close date.
Terms and conditions as set forth in this RFP apply to this bid.
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Cash discount allowable _~i..~ days; unless otherwise stated, payment terms are: Net
thirty (30) days.
In signing this bid, Bidder warrants that all certifications and documents requested herein are
attached and properly completed and signed.
From time to time, the City may issue one or more addenda to this RFP. Below, please indicate all
Addenda to this RFP received by your firm, and the date said Addenda was/were received.
Verification of Addenda Received
Addenda No: _ 1
Addenda No: "
Addenda No:
Received on: June 4. 2007
Reoo'''''' '"' >_ ~ ,,,,, ~
Received on:
~~/. .
_ I
AUTHORIZED SIGNATURE:
PRINT SIGNER'S NAME AND TITLE: Ronald L. Espalin, PE.
Senior Vice President
DATE SIGNED:
June 27. 2007
COMPANY NAME & ADDRESS:
WILLDAN
650 Hospitality Lane, Suite 400
San Bernardino. CA 92408
PHONE: 909-386-0200
FAX: 909-888-5107
IF SUBMITTING A "NO BID", PLEASE STATE REASON (S) BELOW:
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COMPENSA liON
We propose that compensation for plan review services be as follows:
85% - for projects with a valuation less than $0.5 million (excluding Tl's,
additions and remodels)
75% - for projects with a valuation greater than $0.5 million, but less than
$5.0 million (excluding TI's, additions and remodels)
65% - for projects with a valuation greater than $5.0 million (excluding
TI's, additions and remodels)
55% - for projects with a valuation greater than $10.0 million (excluding
Tl's, additions and remodels)
50% - for projects with a valuation greater than $15.0 million (excluding
Tl's, additions and remodels)
50% -
for structural only plan checks
For plan review after second recheck, miscellaneous plan review services, such
as, room additions, tenant improvements, special structures, etc., we propose an
hourly time and material fee per Willdan's Schedule of Hourly Rates attached
herein.
jR;"'.'1
~... . .
\Xl ~~~u~R~~
ENGINEERING
Principal Engineer............ ............... ...... $160.00
Division Manager.. .................. ...150.00
City Engineer ................... ............ .............150.00
Project Manager ................. ............. ......150.00
Supervising Engineer............. ........................ 135.00
Senior Engineer................. .....................120.00
Senior Design Manager........ ............ ........... 120.00
Design Manager ...... ................... ...............110.00
Associate Engineer....... ............................ .........110.00
Senior Designer..................... .............. ......105.00
Senior Design Engineer II................................ .105.00
Senior Design Engineer I........ ................................. 100.00
Designer II ................ .............. ............................. .100.00
Designer I....................... .......... ....................... ....95.00
Design Engineer II ................ ............... .............95.00
Design Engineer I.............. ............................... 90.00
Senior Drafter ............ ........................... .......90.00
Drafter II......................................... ...........................80.00
Drafter I...... .......................................... ................. .. 75.00
Technical Aide... ............................................... ........ 65.00
CONSTRUCTION MANAGEMENT
Division Manager............... ..................... ...........150.00
Project Manager ................ ............150.00
Senior Construction Manager................................ .130.00
Construction Manager ........ .........................120.00
Assistant Construction Manager..... .............100.00
Utility Coordinator .................................................105.00
Supervising Public Works Observer......................... 105.00
Senior Public Works Observer .................................. 90.00
Public Works Observer........... ................... "80.00/90.00
Assistant Public Works Observer ............... "70.00/90.00
Labor Compliance Manager ........................ 105.00
Labor Compliance Specialist.......... .........80.00
SURVEYING
...... ......150.00
..... 135.00
..105.00
................. 105.00
...... 90.00
.........80.00
.........90.00
. ....... 80.00
.....100.00
............ .... 200.00
.... 250.00
Division Manager .... ................
Supervisor - Survey & Mapping .............
Senior Survey Analyst................
Senior Calculator ... ............... ................
Calculator 11............ ................
Calculator I........................... ...................
Survey Analyst II...............................................
Survey Analystl.............. ..............
Survey Party Chief .............................
Two-Man Field Party........... ...........
Three-Man Field Party .................... .
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WILLDAN
~chp.dule nf Hnurly Rates
July I, 2003
LANDSCAPE ARCHITECTURE
Division Manager ............................. ............... ........ 150.00
Principal Landscape Architect....... .........120.00
Senior Landscape Architect .................... 100.00
Associate Landscape Architect.................... .95.00
Assistant Landscape Architect. .................... ............80.00
BUILDING AND SAFETY
Division Manager ......................... ........................ .150.00
Supervising Plan Check Engineer.. ........................120.00
Building Official..................................................... 120.00
Plan Check Engineer ................................................ 110.00
Deputy Building Official.............................................110.00
Inspector of Record.................................. ............110.00
Senior Plans Examiner ..................... ....................100.00
Supervising Building Inspector..................................100.00
Plans Examiner....... ......... ................................ ...........90.00
Senior Building Inspector. ......... .......... ... ................ ..... 90.00
Building Inspector ........................................ "80.00 /90.00
Supervising Construction Permit Specialist................ 80.00
Senior Construction Permit Specialist......................... 75.00
Assistant Building Inspector........................ "70.00 /90.00
Code Enforcement Officer........................................65.00
Construction Permit Specialist ................................... 60.00
Assistant Construction Permit Specialist.................... 55.00
Plans Examiner Aide.................... .... ........... .......... ..... 55.00
Assistant Code Enforcement Officer........................... 55.00
PLANNING
Division Manager. ............................... ....................150.00
Principal Planner ........................ ..... ..... ... ....... ........... 120.00
Principal Community Development Planner .............120.00
Senior Planner ................. ................... ......................110.00
Senior Community Development Planner................. 110.00
Associate Planner ................... ............ ............... 95.00
Associate Community Development Planner.............. 95.00
Assistant Community Development Planner...............85.00
Assistant Planner ...... ... ...... ................. ............. .......... 85.00
Planning Technician...... ...... .............. .....65.00
Community Development Technician ........................65.00
ADMINISTRA TIVE
Computer Data Entry ......... ........... ...............50.00
Clerical......... ..... ......... ................. ...... ... ....50.00
Word Processing .... ... ..........................50.00
Personal Computer Time....... .............................. ....15.00
"Prevailing Wage Project. Use $90.00/Hour
Additional billing classifications may be added to the above listing during the year as new positions are created. Consultation in
connection with litigation and court appearances will be quoted separately. The above schedule is for straight time. Overtime will be
charged at1.25times, and Sundays and holidays, 1.70 times the standard rates. Blueprinting, reproduction, messenger services, and
printing will be invoiced at cost plus fifteen percent (15%) A subconsultant managementfee of fifteen percent (15%) will be added to
the direct cost of all subconsultant services to provide for the cost of administration, consultation, and coordination.
C\MV DOCUMENTS\RATESWlllDAN03QOC
July 1. 2003
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Exhibit B
AGREEMENT FOR PROFESSIONAL BUILDING PLAN CHECK SERVICES
TillS AGREEMENT is made and entered into this 4 th day of September
2007 ("Effective Date"), by and between the CITY OF SAN BERNARDINO, a charter
city ("City"), and Interwest Consulting Group, a California corporation ("Consultant").
WITNESSETH:
A. WHEREAS, City proposes to have Consultant perform professional building plan
check services described herein; and
B. WHEREAS, Consultant represents that it has that degree of specialized expertise
contemplated within California Government Code, Section 37103, and holds all
necessary licenses to practice and perform the services herein contemplated; and
C. WHEREAS, City and Consultant desire to contract for professional building plan
check services and desire to set forth their rights, duties and liabilities in connection with
the services to be performed; and
D. WHEREAS, no official or employee of City has a financial interest, within the
provisions of California Government Code, Sections 1090-1092, in the subject matter of
this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and
conditions contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONSULTANT
1.1. Scone of Services. Consultant shall furnish professional building plan
check services to City in accordance with Specification No. F-07-48 on file with the
Director of Development Services and with Consultant's Proposal dated June 27, 2007,
attached and incorporated herein as Attachment 1.
1.2. Professional Practices. All professional services to be provided by
Consultant pursuant to this Agreement shall be provided by personnel experienced in
their respective fields and in a manner consistent with the standards of care, diligence and
skill ordinarily exercised by professional Consultants in similar fields and circumstances
in accordance with sound professional practices. Consultant also warrants that it is
familiar with all laws that may affect its performance of this Agreement and shall advise
City of any changes in any laws that may affect Consultant's performance of this
Agreement.
1.3. Warranty. Consultant warrants that it shall perform the services required
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by this Agreement in compliance with all applicable Federal and California employment
laws including, but not limited to, those laws related to minimum hours and wages;
occupational health and safety; fair employment and employment practices; workers'
compensation insurance and safety in employment; and all other Federal, State and local
laws and ordinances applicable to the services required under this Agreement.
Consultant shall indemnify, defend, and hold harmless City from and against all claims,
demands, payments, suits, actions, proceedings, and judgments of every nature and
description, including attorneys' fees and costs, presented, brought, or recovered against
City for, or on account of any liability under any of the above-mentioned laws, which
may be incurred by reason of Consultant's performance under this Agreement.
1.4. Non-discrimination. In performing this Agreement, Consultant shall not
engage in, nor permit its agents to engage in, discrimination in employment of persons
because of their race, religion, color, national origin, ancestry, age, physical handicap,
medical condition, marital status, sexual gender or sexual orientation, or any other
category protected by law, except as permitted pursuant to Section 12940 of the
Government Code. Violation of this provision may result in the imposition of penalties
referred to in Labor Code, Section 1735.
1.5 Non-Exclusive AlITeement. Consultant acknowledges that City may enter
into agreements with other Consultants for services similar to the services that are subject
to this Agreement or may have its own employees perform services similar to those
services contemplated by this Agreement.
1.6. Delegation and Assignment. This is a personal services contract, and the
duties set forth herein shall not be delegated or assigned to any person or entity without
the prior written consent of City.
1.7. Business License: The Consultant shall obtain and maintain a valid City
Business Registration Certificate during the term of this Agreement.
1.8. Dutv of Lovaltv/Conflict of Interest: The Consultant understands and
agrees that in performing building plan check services for the City, Consultant shall
maintain a fiduciary duty and a duty of loyalty to the City in performing Consultant's
obligations under this Agreement. Consultant, in performing its obligations under this
Agreement, is governed by California's conflict of interest laws, Government Code
Section 87100 et seq., and Title 2, California Code of Regulations Section 18700 et seq.
2.0. COMPENSATION AND BILLING
2.1. Compensation. Over the term of this Agreement, Consultant shall be paid
for such services in accordance with Attachment 1.
2.2. Additional Services. Consultant shall not receive compensation for any
services provided outside the Scope of Services specified in this Agreement unless the
City, prior to Consultant performing the additional services, approves such additional
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services in writing. It is specifically understood that oral requests and/or approvals of
such additional services or additional compensation shall be barred and are
unenforceable.
2.3. Method of Billing. Consultant may submit invoices to City's
Development Services Director for approval on a progress basis, but no more often than
monthly. Said invoice shall be based on the total of all of Consultant's services which
have been completed to City's sole satisfaction. City shall pay Consultant's invoice
within forty-five (45) days from the date City receives said invoice. Each invoice shall
describe in detail, the services performed and the associated time for completion. Any
additional services approved and performed pursuant to this Agreement shall be
designated as "Additional Services" and shall identify the number of the authorized
change order, where applicable, on all invoices.
2.4. Records and Audits. Records of Consultant's services relating to this
Agreement shall be maintained in accordance with generally recognized accounting
principles and shall be made available to City for inspection and/or audit at mutually
convenient times for a period of three (3) years from the Effective Date.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Comoletion of Work. The professional services to be
performed pursuant to this Agreement shall commence within five (5) days from the
Effective Date of this Agreement. Said services shall be performed in strict compliance
with the Schedule issued by the Development Services Director or her designee. Failure
to commence work in a timely manner and/or diligently pursue work to completion may
be grounds for termination of this Agreement. The standard turn-around time for
assigned plan checks shall be 10 (ten) working days for the initial check and 5 (five)
working days for rechecks. If these standard turn-around times are not met, a penalty of
10 (ten) percent of the Consultant's plan check fee will be assessed for the assigned plan
check.
3.2. Excusable Delavs. Neither party shall be responsible for delays or lack of
performance resulting from acts beyond the reasonable control of the party or parties.
Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages,
compliance with laws or regulations, riots, acts of war, or any other conditions beyond
the reasonable control of a party.
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and
continue for a period of one (1) year, ending one year after the Effective Date, unless
previously terminated as provided herein or as otherwise agreed to in writing by the
parties. There may be two one-year extensions of the Agreement upon mutual agreement
of the parties.
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4.2. Notice of Termination. The City reserves and has the right and privilege
of canceling, suspending or abandoning the execution of all or any part of the work
contemplated by this Agreement, with or without cause, at any time, by providing written
notice to Consultant. The termination of this Agreement shall be deemed effective upon
receipt of the notice of termination. In the event of such termination, Consultant shall
immediately stop rendering services under this Agreement unless directed otherwise by
the City.
4.3. Comoensation. In the event of termination, City shall pay Consultant for
reasonable costs incurred and professional services satisfactorily performed up to and
including the date of City's written notice of termination. Compensation for work in
progress shall be prorated as to the percentage of work completed as of the effective date
of termination in accordance with the fees set forth herein. In ascertaining the
professional services actually rendered hereunder up to the effective date of termination
of this Agreement, consideration shall be given to both completed work and work in
progress, to complete and incomplete drawings, and to other documents pertaining to the
services contemplated herein whether delivered to the City or in the possession of the
Consultant.
4.4 Documents. In the event of termination of this Agreement, all documents
prepared by Consultant in its performance of this Agreement including, but not limited
to, finished or unfinished design, development and construction documents, data studies,
drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery
of termination notice to Consultant, at no cost to City. Any use of uncompleted
documents without specific written authorization from Consultant shall be at City's sole
risk and without liability or legal expense to Consultant.
5.0. INSURANCE
5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain and
maintain during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive general liability, including premises-operations,
products/completed operations, broad form property damage,
blanket contractual liability, independent Consultants, personal
injury with a policy limit of not less than One Million Dollars
($1,000,000.00), combined single limits, per occurrence and
aggregate.
(b) Automobile liability for owned vehicles, hired, and non-owned
vehicles, with a policy limit of not less than One Million Dollars
($1,000,000.00), combined single limits, per occurrence and
aggregate.
(c) Workers' compensation insurance as required by the State of
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California.
(d) Professional errors and omissions ("E&O") liability insurance with
policy limits of not less than One Million Dollars ($1,000,000.00),
combined single limits, per occurrence and aggregate. Consultant
shall obtain and maintain, said E&O liability insurance during the
life of this Agreement and for three years after completion of the
work hereunder.
5.2. Endorsements. The comprehensive general liability insurance policy shall
contain or be endorsed to contain the following provisions:
(a) Additional insureds: "The City of San Bernardino and its elected
and appointed boards, officers, agents, and employees are addition-
al insureds with respect to Consultant's performance under this
Agreement with City."
(b) Notice: "Said policy shall not tenninate, nor shall it be cancelled,
nor the coverage reduced, until thirty (30) days after written notice
is given to City; ten (10) days notice if cancellation is due to non-
payment of premium."
(c) Other insurance: "Any other insurance maintained by the City of
San Bernardino shall be excess and not contributing with the
insurance provided by this policy."
5.3. Certificates of Insurance. Consultant shall provide to City certificates of
insurance showing the insurance coverages and required endorsements described above,
in a form and content approved by City, prior to perfonning any services under this
Agreement.
5.4. Non-limiting. Nothing in this Section shall be construed as limiting in any
way, the indemnification provision contained in this Agreement, or the extent to which
Consultant may be held responsible for payments of damages to persons or property.
6.0. GENERAL PROVISIONS
6.1. Entire Al!feement. This Agreement constitutes the entire Agreement
between the parties with respect to any matter referenced herein and supersedes any and
all other prior writings and oral negotiations. This Agreement may be modified only in
writing, and signed by the parties in interest at the time of such modification. The terms
of this Agreement shall prevail over any inconsistent provision in any other contract
document appurtenant hereto, including exhibits to this Agreement.
6.2. Representatives. The Director of Development Services or her designee
shall be the representative of City for purposes of this Agreement and may issue all
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consents, approvals, directives and agreements on behalf of the City, called for by this
Agreement, except as otherwise expressly provided in this Agreement.
Consultant shall designate a representative for purposes of this Agreement
who shall be authorized to issue all consents, approvals, directives and agreements on
behalf of Consultant called for by this Agreement, except as otherwise expressly
provided in this Agreement.
6.3. Notices. Any notices, documents, correspondence or other
communications concerning this Agreement or the work hereunder may be provided by
personal delivery, facsimile or mail and shall be addressed as set forth below. Such
communication shall be deemed served or delivered: a) at the time of delivery if such
communication is sent by personal delivery; b) at the time of transmission if such
communication is sent by facsimile; and c) 48 hours after deposit in the U.S. Mail as
reflected by the official U.S. postmark if such communication is sent through regular
United States mail.
IF TO CONSULT ANT:
Paul Armstrong
Interwest Consulting Group
844 West Highland Avenue
P.O. Box 8713
Redlands, CA 92375
Fax: 798-3500
Tel: (909) 798-3131
Toll Free: (888) 648-9033
IF TO CITY:
Valerie C. Ross
Director of Development Services
300 North "D" Street
San Bernardino, CA 92418
Fax: 909-384-5080
Tel: 909-384-5357
6.4. Attornevs' Fees. In the event that litigation is brought by any party in
connection with this Agreement, the prevailing party shall be entitled to recover from the
opposing party all costs and expenses, including reasonable attorneys' fees, incurred by
the prevailing party in the exercise of any of its rights or remedies hereunder or the
enforcement of any of the terms, conditions, or provisions hereof. The costs, salary and
expenses of the City Attorney and members of his office in connection with that action
shall be considered as "attorneys' fees" for the purposes of this Agreement.
6.5. Governing Law. This Agreement shall be governed by and construed
under the laws of the State of California without giving effect to that body of laws
pertaining to conflict of laws. In the event of any legal action to enforce or interpret this
Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of
competent jurisdiction located in San Bernardino County, California.
6.6. Assignment. Consultant shall not voluntarily or by operation of law
assign, transfer, sublet or encumber all or any part of Consultant's interest in this
Agreement without City's prior written consent. Any attempted assignment, transfer,
subletting or encumbrance shall be void and shall constitute a breach of this Agreement
and cause for termination of this Agreement. Regardless of City's consent, no subletting
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or assignment shall release Consultant of Consultant's obligation to perform all other
obligations to be performed by Consultant hereunder for the term of this Agreement.
6.7 Indemnification and Hold Harmless. Consultant shall defend, indemnify,
and hold harmless City and its elected and appointed officials, officers, and employees
from any and all claims, lawsuits, liabilities, expenses, including attorney's fees, damage
to property or injuries to or death of any person or persons or damages of any nature
including, but not limited to, all civil claims or workers' compensation claims, to the
extent arising out of, pertaining to, or related to the negligence, recklessness, or willful
misconduct of Consultant, its employees, agents or subcontractors in the performance of
this Agreement, except that such duty to defend, indemnify, and hold harmless shall not
apply to the extent where injury to person or property is caused by City's negligence,
recklessness or willful misconduct.
6.8. Independent Consultant. Consultant is and shall be acting at all times as an
independent Consultant and not as an employee of City. Consultant shall secure, at his
expense, and be responsible for any and all payment of Income Tax, Social Security,
State Disability Insurance Compensation, Unemployment Compensation, and other
payroll deductions for Consultant and its officers, agents, and employees, and all business
licenses, if any are required, in connection with the services to be performed hereunder.
6.9. Ownership of Documents. All findings, reports, documents, information
and data including, but not limited to, computer tapes or discs, files and tapes furnished
or prepared by Consultant or any of its subcontractors in the course of performance of
this Agreement, shall be and remain the sole property of City. Consultant agrees that any
such documents or information shall not be made available to any individual or
organization without the prior consent of City. Any use of such documents for other
projects not contemplated by this Agreement, and any use of incomplete documents, shall
be at the sole risk of City and without liability or legal exposure to Consultant. City shall
indemnify and hold harmless Consultant from all claims, damages, losses, and expenses,
including attorneys' fees, arising out of or resulting from City's use of such documents
for other projects not contemplated by this Agreement or use of incomplete documents
furnished by Consultant. Consultant shall deliver to City any findings, reports,
documents, information, data, in any form, including but not limited to, computer tapes,
discs, files audio tapes or any other Project related items as requested by City or its
authorized representative, at no additional cost to the City.
6.10. Public Records Act Disclosure. Consultant has been advised and is aware
that all reports, documents, information and data including, but not limited to, computer
tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, and
provided to City may be subject to public disclosure as required by the California Public
Records Act (California Government Code Section 6250 et. seq.). Exceptions to public
disclosure may be those documents or information that qualify as trade secrets, as that
term is defined in the California Government Code Section 6254.7, and of which
Consultant informs City of such trade secret. The City will endeavor to maintain as
confidential all information obtained by it that is designated as a trade secret. The City
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shall not, in any way, be liable or responsible for the disclosure of any trade secret
including, without limitation, those records so marked if disclosure is deemed to be
required by law or by order of the Court.
6.11. Responsibilitv for Errors. Consultant shall be responsible for its work and
results under this Agreement. Consultant, when requested, shall furnish clarification
and/or explanation as may be required by the City's representative, regarding any
services rendered under this Agreement at no additional cost to City. In the event that an
error or omission attributable to Consultant occurs, then Consultant shall, at no cost to
City, provide all necessary data, documents, and other Consultant professional services
necessary to rectify and correct the matter to the sole satisfaction of City and to
participate in any meeting required with regard to the correction.
6.12. Prohibited Emplovrnent. Consultant will not employ any regular
employee of City while this Agreement is in effect.
6.13. Order of Precedence. In the event of an inconsistency or conflict in this
Agreement and any of the attached Exhibits or Attachments, the terms set forth in this
Agreement shall prevail.
6.14. Costs. Each party shall bear its own costs and fees incurred in the
preparation and negotiation of this Agreement and in the performance of its obligations
hereunder except as expressly provided herein.
6.15. No Third Partv Beneficiarv Rights. This Agreement is entered into for the
sole benefit of City and Consultant and no other parties are intended to be direct or
incidental beneficiaries of this Agreement and no third party shall have any right in,
under or to this Agreement.
6.16. Headings. Paragraphs and subparagraph headings contained in this
Agreement are included solely for convenience and are not intended to modify, explain or
to be a full or accurate description of the content thereof and shall not in any way affect
the meaning or interpretation of this Agreement.
6.17. Construction. The parties have participated jointly in the negotiation and
drafting of this Agreement. In the event an ambiguity or question of intent or
interpretation arises with respect to this Agreement, this Agreement shall be construed as
if drafted jointly by the parties and in accordance with its fair meaning. There shall be no
presumption or burden of proof favoring or disfavoring any party by virtue of the
authorship of any of the provisions of this Agreement.
6.18. Amendments. Only a writing executed by the parties hereto or their
respective successors and assigns may amend this Agreement.
6.19. Waiver. The delay or failure of either party at any time to require
performance or compliance by the other of any of its obligations or agreements shall in
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no way be deemed a waiver of those rights to require such performance or compliance.
No waiver of any provision of this Agreement shall be effective unless in writing and
signed by a duly authorized representative of the party against whom enforcement of a
waiver is sought. The waiver of any right or remedy with respect to any occurrence or
event shall not be deemed a waiver of any right or remedy with respect to any other
occurrence or event, nor shall any waiver constitute a continuing waiver.
6.20. Severabilitv. If any provision of this Agreement is determined by a court
of competent jurisdiction to be unenforceable in any circumstance, such determination
shall not affect the validity or enforceability of the remaining terms and provisions hereof
or of the offending provision in any other circumstance.
6.21. Counterparts. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original. All counterparts shall be
construed together and shall constitute one agreement.
6.22. Corporate Authoritv. The persons executing this Agreement on behalf of
the parties hereto warrant that they are duly authorized to execute this Agreement on
behalf of said parties and that by doing so, the parties hereto are formally bound to the
provisions of this Agreement.
III
III
F: \E:MPENO\Agreements\Interwest Final Agreement.doc
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2007-374
AGREEMENT FOR PROFESSIONAL PLAN CHECK SERVICES
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their respective authorized officers, as of the date first above
written.
CITY OF SAN BERNARDINO,
A Municipal Corporation,
CONSULTANT
INTERWEST CONSULTING GROUP
By
Fred
Approved as to form:
James F. Penman,
City Attorney
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F:\EMPENO\Agreements\lnterwest Final Agreement.doc
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2007-374
A'ITACHMENT 1
PROPOSAL TO PROVIDE EXPEDITIOUS BUILDING PLAN REVIEW SERVICES
June 27, 2007
Proposal to Provide
Expeditious Building Plan Review Services
RFP F-07-48
Prepared for
City of San Bernardino
300 North "0" Street
4$ Floor, Aun: Deborah R. Morrow
San Bernardino, CA 92418
. . By
InterW.st Consulting Group
Dave Martinez
Project Manager
844 West Highland Avenue
PO. 80x 8713
Redlands CA. 92375
909.798.3131 Office
909.798.3500 Fax
888.648.9033 Tollfree
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2007-374
PROPOSAL TO PROVIDE EXPEDITIOUS BUILDING PLAN REVIEW SERVICES
PLAN REVIEW SERVICES
Scope of Review
Interwest Consulting Group's Building and Safety Division is comprised of multiple California
licensed structural, civil, mechanical, fire protection and electrical engineers as well as ICC/ICBO
certified plans examiners. Collectively, this group holds a vast range of experience in both design
and plan review for projects ranging from large multi-story institutional, commercial, industrial, and
essential service facilities to single-story wood frame projects.
Our structural engineers have experience designing and reviewing projects with virtually all
building materials including:
.
Wood
Masonry
. Concrete
. Steel
.
Our engineers have reviewed or have design experience on a wide array of structural systems
including:
. FEM/1 Compliant Steel Moment Frames . Wood Shearwall Systems
. Buckling Restrained Braced Frames Energy . Masonry Shearwall Systems
Dissipation Systems . Concrete Shearwall Systems
. Eccentric Braced Frames . Cantilevered Column Systems
. Concentric Braced Frames . Pre-Stressed / Post-Tensioned Concrete
. Concrete Moment Frames
Interwest Consulting Group structural engineers are experienced with the provisions of most
model codes including current versions of:
.
Title 24, Part 2. Volume 2. California Code
of Regulations (CCR)
Internatk:;nal Building Code (IBC)
ASCE 7
.
.
NEHRP
IVSC 34 I & 360
ACt
FEM/1 350, 35 I & 353
.
.
.
.
We are experienced and familiar with the use and application of the following model codes:
.
California Code of Regulations, Title 24, Parts I through 6 and 9.
International Building Code (IBC)
ANSI Standards
NFPA
.
.
.
We will review submitted design documents to ensure compliance to the current edition of the
following codes:
.
California Building Code
California Plumbing Code
California Mechamcal Code
California E/ectncal Code
California BUilding Energy Efficiency
Standards
State & Local Hazardous Materials Regulations
Jur/sdlctionMopted Amendments
or Ordinances
Title 24 Disabled Access Regulations
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2007-374
PROPOSAL TO PROVIOE EXPEOITlOUS BUILOING PLAN REVIEW SERVICES
We also provide plan review seNices based upon the following local or national standards when
required:
. International Building Code
. International Residential Code
. International Mechanical Code
. International Plurnbing Code
. International Fire Code
. ;4.5CE 7-05
. 2001 NFPA Standards 10. 12, 13Q 14, 17.
17A, 20. 24, 33. 37. 45. 55. 58, 72, 9OA.
99, /I 0, 232, 704
. 2001 California Fire Code
. FEMA and NEHRP Requirements for
Ex/sting Buildings
Customer Service
Interwest Consulting Group will work directly with applicants during the plan review process
to resolve all code related issues and to provide complete and coordinated documents upon
completion of the plan review process. Our staff of engineers and plans examiners are
available by phone or e-mail to answer questions pertaining to our plan reviews. we are also
available to meet with applicants and designers on a face-ta-face basis as required to resolve
plan review issues.
Meeting Availability
Interwest Consulting Group's engineeers and plans examiners will be available to meet with
the City of San Bernardino Building Department's staff at their request to discuss and resolve
plan review and code related issues. Due to the proximity of our office the the City of San
Bernardino's Building Department. our staff can usually meet with the City's staff on the same
day the meeting is requested.
Transporting Plans
Interwest Consulting Group will arrange for all pick-up and delivery of plan review documents
from and to the City. Our staff shall respond within one working day upon notification that a
plan check has been authorized and provide pick-up seNice.
Plan Review Tracking Method & Billing Process
We will create and maintain a Jurisdiction File which contains our research on any unique
amendments or specifications required by your Jurisdiction. billing arrangements. contact
information and any special requests you would like us to keep in mind. Interwest Consulting
Group uses a custom-designed database to maintain and track all plans throughout the review
process from the moment you request a shipment to delivery of the final, approved
documents.
Communicating Plan Review Results
Plan reviews, when not immediately approved, will result in lists of comments referring to
specific details and drawings. and referencing applicable code sections. Interwest Consulting
Group will provide a clear, concise, and thorough document Ii.e., comment listj from which
clients, designers, contractors, and owners can work. Comment lists are delivered to our clients
and other designated recipients le.g., designers, contractors, owners I via email, FAX, and/or
reliable overland carrier. Depending on the City's preferred process, Interwest Consulting
Group will transmit plan review comments and coordinate re-checks directly with the
applicant/design team or through the jurisdiction. Completed plan review documents ready
for approval will be returned to the City for final approval.
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2007-374
PROPOSAL TO PROVIDE EXPEDITIOUS BUILDING PLAN REVIEW SERVICES
On-Site Consultant Services
Interwest Consulting Group has a full-time staff of experienced plan reviewers and licensed
Structural, Civil. Electrical, Fire Protection and Mechanical Engineers available to provide on-site
plan review services.
In addition, staff is available for pre-construction or pre-design meetings, field visits, contacts
with the design team, and support for field inspection personnel as needed. With some
reasonable limitations, pre-construction and pre-design meetings associated with projects that
we plan review are considered part of the plan review service.
Turnaround Times
Interwest Consulting Group's goal is to be flexible and responsive. Our turnaround times are
quick. We understand the City of San Bernardino requires a 10 day turnaround. We are
committed to completing plan reviews as prompt or sooner than the jurisdiction's own internal
schedule and work hard to accommodate any turn-around schedule desired. Large or
unusually complex plan review projects may require additonal turn-around time. For those
larger more complex projects. Interwest will be glad to work with the City of San Bernardino to
establish specific time lines on a case by case basis.
Special Projects
We are able to accommodate special project plan review needs, such as fast-track, multi-
phased, or accelerated plan reviews. We establish specific turn-around goals and procedures
with Jurisdiction staff for these types of projects based on the project complexity, the
construction schedule.
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2007-374
PRICE FORM
REQUEST FOR QUOTES:
RFP F-07-48
DESCRIPTION OF RFP:
Expeditious Building Plan Review Services
BIDDER'S NAME/ADDRESS:
Interwest Consulting Group
4113 Bellflower Blvd.
Long Beach, CA 90808
NAMEITELEPHONE NO. OF Paul Armstrong,
AUTHORIZED REPRESENTATIVE Southern CA Build'
562.420.7905 Office I 562.420. 815 Fax
ANNUAL PURCHASE ORDER
Effective on or about July 1, 2007 through June 30, 2008 plus two single-year options, for
City's partial requirements, on an as-needed basis, with no guaranteed usage for Expeditious
Building Plan Review Services.
Option year one, if exercised, shall be effective July 1, 2008 through June 30, 2009. Option
year two, if exercised, shall be effective July 1, 2009 through June 30, 2010. Actual option
year pricing shall be negotiated with the successful Bidder(s) prior to exercising of any given
option year. Option years shall become effective only upon issuance by the City of a duly
authorized Purchase Order.
Please provide detailed Firm Fixed Price cost information in the spaces provided below, and
any other incidental or additional costs required to complete the Technical Specification
requirements.
I I
2007-374
RfQ f-07-48
PRICE fORM (conti.)
Description
Cost
1. Percentage of Plan Review Fee (See Schedule of Fees):
70%
2. Percentage of Plan Review Fees (Structural Only):
55%
3. Hourly Rate:
Please see
4. Optional Services:
following page
5. Other:
for hourly rates.
Are there any other additional or incidental costs that will be required
meet the requirements of the Technical Specifications? Yes I No
answered "Yes", please provide detail of said additional costs:
your firm in order to
. (Circle one). If you
Please indicate any elements of the Technical Specifications that cannot be met by your firm. _
Have you included in your bid all informational items and forms as requested?~ I No
(circle one). If you answered "No", please explain:
This offer shall remain firm for 90 days from RFP close date.
Terms and conditions as set forth in this RFP apply to this bid.
. '
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2007-374
SCHEDULE OF GENERAL HOURLY BILLING RATES
CLASSIFICATION
BUilding Officiol
SupervISing Pion Review Engineer
Pion Review Engineer
Fire Pion Review Engineer,
Grodlng Pion Pions Review Engineer
Senior Grodlng Pions Exomlner,
Senior PIJns EX.Jminer
Pklns EXJmmer
Permit TechnlClon,
Clencol Support
Supervising Inspector
Senior Inspector/Project Monoger
Comblnotlon Inspector II
Residentiol Inspector I
Housing Inspector/Code Enforcement Officer
Overtime
HOURLY BILLING RAn
$150
140
130
130
130
100
100
.90
55
.,."" , " 45
, ,110
100
,. B5
75
65
25% of Above Usted Rotes
Miscellaneous cherg.. will Include:
M1leoge
Relmbursoble Expenses,
Current IRS Rote
Time & MoterIJls
Rem7bur5~7ble expenses Include speoL1/ eqUIpment rentals, any publiC tr.1nsportallon costs, bridge rolls, parkmg. speCIal
slJ/pprng or printing reqUIrements. Rates .7fe tyPIC.7/1y revlewedyear!y on July J dnd may be Sllbject to reVISIon unless under
speCific canrr.xt Ob/lg.1tIOns
, ,
2007-374
Exhibit C
AGREEMENT FOR PROFESSIONAL BUILDING PLAN CHECK SERVICES
THIS AGREEMENT is made and entered into this 4th day of Seotember
2007 ("Effective Date"), by and between the CITY OF SAN BERNARDINO, a charter
city ("City"), and Esgil Corporation, a California corporation ("Consultant").
WITNESSETH:
A. WHEREAS, City proposes to have Consultant perform professional building plan
check services described herein; and
B. WHEREAS, Consultant represents that it has that degree of specialized expertise
contemplated within California Government Code, Section 37103, and holds all
necessary licenses to practice and perform the services herein contemplated; and
C. WHEREAS, City and Consultant desire to contract for professional building plan
check services and desire to set forth their rights, duties and liabilities in connection with
the services to be performed; and
D. WHEREAS, no official or employee of City has a financial interest, within the
provisions of California Government Code, Sections 1090-1092, in the subject matter of
this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and
conditions contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONSULTANT
1.1. Scope of Services. Consultant shall furnish professional building plan
check services to City in accordance with Specification No. F-07-48 on file with the
Director of Development Services and with Consultant's Proposal dated June 20, 2007,
attached and incorporated herein as Attachment 1.
1.2. Professional Practices. All professional services to be provided by
Consultant pursuant to this Agreement shall be provided by personnel experienced in
their respective fields and in a manner consistent with the standards of care, diligence and
skill ordinarily exercised by professional Consultants in similar fields and circumstances
in accordance with sound professional practices. Consultant also warrants that it is
familiar with all laws that may affect its performance of this Agreement and shall advise
City of any changes in any laws that may affect Consultant's performance of this
Agreement.
1.3. Warrantv. Consultant warrants that it shall perform the services required
F:\EMPENO\Agreements\Esgil Final Agreement.doc
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2007-374
by this Agreement in compliance with all applicable Federal and California employment
laws including, but not limited to, those laws related to minimum hours and wages;
occupational health and safety; fair employment and employment practices; workers'
compensation insurance and safety in employment; and all other Federal, State and local
laws and ordinances applicable to the services required under this Agreement.
Consultant shall indemnify, defend, and hold harmless City from and against all claims,
demands, payments, suits, actions, proceedings, and judgments of every nature and
description, including attorneys' fees and costs, presented, brought, or recovered against
City for, or on account of any liability under any of the above-mentioned laws, which
may be incurred by reason of Consultant's performance under this Agreement.
1.4. Non-discrimination. In performing this Agreement, Consultant shall not
engage in, nor permit its agents to engage in, discrimination in employment of persons
because of their race, religion, color, national origin, ancestry, age, physical handicap,
medical condition, marital status, sexual gender or sexual orientation, or any other
category protected by law, except as permitted pursuant to Section 12940 of the
Government Code. Violation of this provision may result in the imposition of penalties
referred to in Labor Code, Section 1735.
1.5 Non-Exclusive Agreement. Consultant acknowledges that City may enter
into agreements with other Consultants for services similar to the services that are subject
to this Agreement or may have its own employees perform services similar to those
services contemplated by this Agreement.
1.6. Delegation and Assignment. This is a personal services contract, and the
duties set forth herein shall not be delegated or assigned to any person or entity without
the prior written consent of City.
1.7. Business License: The Consultant shall obtain and maintain a valid City
Business Registration Certificate during the term of this Agreement.
1.8. Dutv of Lovaltv/Conflict of Interest: The Consultant understands and
agrees that in performing building plan check services for the City, Consultant shall
maintain a fiduciary duty and a duty of loyalty to the City in performing Consultant's
obligations under this Agreement. Consultant, in performing its obligations under this
Agreement, is governed by California's conflict of interest laws, Government Code
Section 87100 et seq., and Title 2, California Code of Regulations Section 18700 et seq.
2.0. COMPENSATION AND BILLING
2.1. Compensation. Over the term of this Agreement, Consultant shall be paid
for such services in accordance with Attachment 1.
2.2. Additional Services. Consultant shall not receive compensation for any
services provided outside the Scope of Services specified in this Agreement unless the
City, prior to Consultant performing the additional services, approves such additional
F:\EMPENO\Agreements\Esgil Final Agreement.doc
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2007-374
services in writing. It is specifically understood that oral requests and/or approvals of
such additional services or additional compensation shall be barred and are
unenforceable.
2.3. Method of Billing. Consultant may submit invoices to City's
Development Services Director for approval on a progress basis, but no more often than
monthly. Said invoice shall be based on the total of all of Consultant's services which
have been completed to City's sole satisfaction. City shall pay Consultant's invoice
within forty-five (45) days from the date City receives said invoice. Each invoice shall
describe in detail, the services performed and the associated time for completion. Any
additional services approved and performed pursuant to this Agreement shall be
designated as "Additional Services" and shall identify the number of the authorized
change order, where applicable, on all invoices.
2.4. Records and Audits. Records of Consultant's services relating to this
Agreement shall be maintained in accordance with generally recognized accounting
principles and shall be made available to City for inspection and/or audit at mutually
convenient times for a period of three (3) years from the Effective Date.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. The professional services to be
performed pursuant to this Agreement shall commence within five (5) days from the
Effective Date of this Agreement. Said services shall be performed in strict compliance
with the Schedule issued by the Development Services Director or her designee. Failure
to commence work in a timely manner and/or diligently pursue work to completion may
be grounds for termination of this Agreement. The standard turn-around time for
assigned plan checks shall be 10 (ten) working days for the initial check and 5 (five)
working days for rechecks. If these standard turn-around times are not met, a penalty of
10 (ten) percent of the Consultant's plan check fee will be assessed for the assigned plan
check.
3.2. Excusable Delavs. Neither party shall be responsible for delays or lack of
performance resulting from acts beyond the reasonable control of the party or parties.
Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages,
compliance with laws or regulations, riots, acts of war, or any other conditions beyond
the reasonable control of a party.
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and
continue for a period of one (I) year, ending one year after the Effective Date, unless
previously terminated as provided herein or as otherwise agreed to in writing by the
parties. There may be two one-year extensions of the Agreement upon mutual agreement
of the parties.
F: \EMPENO\Agreements\Esgil Final Agreement.doc
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2007-374
4.2. Notice of Termination. The City reserves and has the right and privilege
of canceling, suspending or abandoning the execution of all or any part of the work
contemplated by this Agreement, with or without cause, at any time, by providing written
notice to Consultant. The termination of this Agreement shall be deemed effective upon
receipt of the notice of termination. In the event of such termination, Consultant shall
immediately stop rendering services under this Agreement unless directed otherwise by
the City.
4.3. Comoensation. In the event of termination, City shall pay Consultant for
reasonable costs incurred and professional services satisfactorily performed up to and
including the date of City's written notice of termination. Compensation for work in
progress shall be prorated as to the percentage of work completed as of the effective date
of termination in accordance with the fees set forth herein. In ascertaining the
professional services actually rendered hereunder up to the effective date of termination
of this Agreement, consideration shall be given to both completed work and work in
progress, to complete and incomplete drawings, and to other documents pertaining to the
services contemplated herein whether delivered to the City or in the possession of the
Consultant.
4.4 Documents. In the event of termination of this Agreement, all documents
prepared by Consultant in its performance of this Agreement including, but not limited
to, finished or unfinished design, development and construction documents, data studies,
drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery
of termination notice to Consultant, at no cost to City. Any use of uncompleted
documents without specific written authorization from Consultant shall be at City's sole
risk and without liability or legal expense to Consultant.
5.0. INSURANCE
5.1. Minimum Scooe and Limits of Insurance. Consultant shall obtain and
maintain during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive general liability, including premises-operations,
products/completed operations, broad form property damage,
blanket contractual liability, independent Consultants, personal
injury with a policy limit of not less than One Million Dollars
($1,000,000.00), combined single limits, per occurrence and
aggregate.
(b) Automobile liability for owned vehicles, hired, and non-owned
vehicles, with a policy limit of not less than One Million Dollars
($1,000,000.00), combined single limits, per occurrence and
aggregate.
(c) Workers' compensation insurance as required by the State of
F:\EMPENO\Agreements\Esgil Final Agreement.doc
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2007-374
California.
(d) Professional errors and omissions ("E&O") liability insurance with
policy limits of not less than One Million Dollars ($1,000,000.00),
combined single limits, per occurrence and aggregate. Consultant
shall obtain and maintain, said E&O liability insurance during the
life of this Agreement and for three years after completion of the
work hereunder.
5.2. Endorsements. The comprehensive general liability insurance policy shall
contain or be endorsed to contain the following provisions:
(a) Additional insureds: "The City of San Bernardino and its elected
and appointed boards, officers, agents, and employees are addition-
al insureds with respect to Consultant's performance under this
Agreement with City."
(b) Notice: "Said policy shall not terminate, nor shall it be cancelled,
nor the coverage reduced, until thirty (30) days after written notice
is given to City; ten (10) days notice if cancellation is due to non-
payment of premium."
(c) Other insurance: "Any other insurance maintained by the City of
San Bernardino shall be excess and not contributing with the
insurance provided by this policy."
5.3. Certificates of Insurance. Consultant shall provide to City certificates of
insurance showing the insurance coverages and required endorsements described above,
in a form and content approved by City, prior to performing any services under this
Agreement.
5.4. Non-limiting. Nothing in this Section shall be construed as limiting in any
way, the indemnification provision contained in this Agreement, or the extent to which
Consultant may be held responsible for payments of damages to persons or property.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement. This Agreement constitutes the entire Agreement
between the parties with respect to any matter referenced herein and supersedes any and
all other prior writings and oral negotiations. This Agreement may be modified only in
writing, and signed by the parties in interest at the time of such modification. The terms
of this Agreement shall prevail over any inconsistent provision in any other contract
document appurtenant hereto, including exhibits to this Agreement.
6.2. Representatives. The Director of Development Services or her designee
shall be the representative of City for purposes of this Agreement and may issue all
F: \EMPENO\Agreements \Esgil Final Agreement.doc
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2007-374
consents, approvals, directives and agreements on behalf of the City, called for by this
Agreement, except as otherwise expressly provided in this Agreement.
Consultant shall designate a representative for purposes of this Agreement
who shall be authorized to issue all consents, approvals, directives and agreements on
behalf of Consultant called for by this Agreement, except as otherwise expressly
provided in this Agreement.
6.3. Notices. Any notices, documents, correspondence or other
communications concerning this Agreement or the work hereunder may be provided by
personal delivery, facsimile or mail and shall be addressed as set forth below. Such
communication shall be deemed served or delivered: a) at the time of delivery if such
communication is sent by personal delivery; b) at the time of transmission if such
communication is sent by facsimile; and c) 48 hours after deposit in the U.S. Mail as
reflected by the official U.S. postmark if such communication is sent through regular
United States mail.
IF TO CONSULTANT:
Richard James Esgate
Esgil Corporation
9320 Chesapeake Drive, Suite 208
San Diego, CA 92123
Fax: (858) 560-1576
Tel: (858) 560-1468
IF TO CITY:
Valerie C. Ross
Director of Development Services
300 North "D" Street
San Bernardino, CA 92418
Fax: 909-384-5080
Tel: 909-384-5357
6.4. Attornevs' Fees. In the event that litigation is brought by any party in
connection with this Agreement, the prevailing party shall be entitled to recover from the
opposing party all costs and expenses, including reasonable attorneys' fees, incurred by
the prevailing party in the exercise of any of its rights or remedies hereunder or the
enforcement of any of the terms, conditions, or provisions hereof. The costs, salary and
expenses of the City Attorney and members of his office in connection with that action
shall be considered as "attorneys' fees" for the purposes of this Agreement.
6.5. Governing Law. This Agreement shall be governed by and construed
under the laws of the State of Califomia without giving effect to that body of laws
pertaining to conflict of laws. In the event of any legal action to enforce or interpret this
Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of
competent jurisdiction located in San Bernardino County, California.
6.6. Assignment. Consultant shall not voluntarily or by operation of law
assign, transfer, sublet or encumber all or any part of Consultant's interest in this
Agreement without City's prior written consent. Any attempted assignment, transfer,
subletting or encumbrance shall be void and shall constitute a breach of this Agreement
and cause for termination of this Agreement. Regardless of City's consent, no subletting
or assignment shall release Consultant of Consultant's obligation to perform all other
F:\EMPENO\Agreements\Esgil Final Agreement.doc
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2007-374
obligations to be performed by Consultant hereunder for the term of this Agreement.
6.7 Indemnification and Hold Hannless. Consultant shall defend, indemnify,
and hold hannless City and its elected and appointed officials, officers, and employees
from any and all claims, lawsuits, liabilities, expenses, including attorney's fees, damage
to property or injuries to or death of any person or persons or damages of any nature
including, but not limited to, all civil claims or workers' compensation claims, to the
extent arising out of, pertaining to, or related to the negligence, recklessness, or willful
misconduct of Consultant, its employees, agents or subcontractors in the performance of
this Agreement, except that such duty to defend, indemnify, and hold hannless shall not
apply to the extent where injury to person or property is caused by City's negligence,
recklessness or willful misconduct.
6.8. IndeDendent Consultant. Consultant is and shall be acting at all times as an
independent Consultant and not as an employee of City. Consultant shall secure, at his
expense, and be responsible for any and all payment of Income Tax, Social Security,
State Disability Insurance Compensation, Unemployment Compensation, and other
payroll deductions for Consultant and its officers, agents, and employees, and all business
licenses, if any are required, in connection with the services to be performed hereunder.
6.9. OwnershiD of Documents. All findings, reports, documents, information
and data including, but not limited to, computer tapes or discs, files and tapes furnished
or prepared by Consultant or any of its subcontractors in the course of performance of
this Agreement, shall be and remain the sole property of City. Consultant agrees that any
such documents or information shall not be made available to any individual or
organization without the prior consent of City. Any use of such documents for other
projects not contemplated by this Agreement, and any use of incomplete documents, shall
be at the sole risk of City and without liability or legal exposure to Consultant. City shall
indemnify and hold harmless Consultant from all claims, damages, losses, and expenses,
including attorneys' fees, arising out of or resulting from City's use of such documents
for other projects not contemplated by this Agreement or use of incomplete documents
furnished by Consultant. Consultant shall deliver to City any findings, reports,
documents, information, data, in any form, including but not limited to, computer tapes,
discs, files audio tapes or any other Project related items as requested by City or its
authorized representative, at no additional cost to the City.
6.10. Public Records Act Disclosure. Consultant has been advised and is aware
that all reports, documents, information and data including, but not limited to, computer
tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, and
provided to City may be subject to public disclosure as required by the California Public
Records Act (California Government Code Section 6250 et. seq.). Exceptions to public
disclosure may be those documents or information that qualify as trade secrets, as that
term is defined in the California Government Code Section 6254.7, and of which
Consultant informs City of such trade secret. The City will endeavor to maintain as
confidential all information obtained by it that is designated as a trade secret. The City
shall not, in any way, be liable or responsible for the disclosure of any trade secret
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including, without limitation, those records so marked if disclosure is deemed to be
required by law or by order of the Court.
6.11. Responsibilitv for Errors. Consultant shall be responsible for its work and
results under this Agreement. Consultant, when requested, shall furnish clarification
and/or explanation as may be required by the City's representative, regarding any
services rendered under this Agreement at no additional cost to City. In the event that an
error or omission attributable to Consultant occurs, then Consultant shall, at no cost to
City, provide all necessary data, documents, and other Consultant professional services
necessary to rectify and correct the matter to the sole satisfaction of City and to
participate in any meeting required with regard to the correction.
6.12. Prohibited Employment. Consultant will not employ any regular
employee of City while this Agreement is in effect.
6.13. Order of Precedence. In the event of an inconsistency or conflict in this
Agreement and any of the attached Exhibits or Attachments, the terms set forth in this
Agreement shall prevail.
6.14. Costs. Each party shall bear its own costs and fees incurred in the
preparation and negotiation of this Agreement and in the performance of its obligations
hereunder except as expressly provided herein.
6.15. No Third Partv Beneficiarv Rights. This Agreement is entered into for the
sole benefit of City and Consultant and no other parties are intended to be direct or
incidental beneficiaries of this Agreement and no third party shall have any right in,
under or to this Agreement.
6.16. Headings. Paragraphs and subparagraph headings contained in this
Agreement are included solely for convenience and are not intended to modify, explain or
to be a full or accurate description of the content thereof and shall not in any way affect
the meaning or interpretation of this Agreement.
6.17. Construction. The parties have participated jointly in the negotiation and
drafting of this Agreement. In the event an ambiguity or question of intent or
interpretation arises with respect to this Agreement, this Agreement shall be construed as
if drafted jointly by the parties and in accordance with its fair meaning. There shall be no
presumption or burden of proof favoring or disfavoring any party by virtue of the
authorship of any of the provisions of this Agreement.
6.18. Amendments. Only a writing executed by the parties hereto or their
respective successors and assigns may amend this Agreement.
6.19. Waiver. The delay or failure of either party at any time to require
performance or compliance by the other of any of its obligations or agreements shall in
no way be deemed a waiver of those rights to require such performance or compliance.
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2007-374
No waiver of any provision of this Agreement shall be effective unless in writing and
signed by a duly authorized representative of the party against whom enforcement of a
waiver is sought. The waiver of any right or remedy with respect to any occurrence or
event shall not be deemed a waiver of any right or remedy with respect to any other
occurrence or event, nor shall any waiver constitute a continuing waiver.
6.20. Severabilitv. If any provision of this Agreement is determined by a court
of competent jurisdiction to be unenforceable in any circumstance, such determination
shall not affect the validity or enforceability of the remaining terms and provisions hereof
or of the offending provision in any other circumstance.
6.21. Counterparts. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original. All counterparts shall be
construed together and shall constitute one agreement.
6.22. Corporate Authoritv. The persons executing this Agreement on behalf of
the parties hereto warrant that they are duly authorized to execute this Agreement on
behalf of said parties and that by doing so, the parties hereto are formally bound to the
provisions of this Agreement.
III
III
F:\EMPENO\Agreements\Esgil Final Agreement.doc
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2007-374
AGREEMENT FOR PROFESSIONAL PLAN CHECK SERVICES
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their respective authorized officers, as of the date first above
written.
CITY OF SAN BERNARDINO,
A Municipal Corporation,
CONSULTANT
ESOll.. CORPORA nON
Fred
Approved as to form:
James F. Penman,
City Attorney
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ATTAClIMENT 1
Plan Review Services
e
EsGil Corporation
In Partnership
with Government
for Building Safety
June 20, 2007
City of San Bernardino
Finance Department, Purchasing Division
Attn: Ms. Deborah Morrow
Administrative Services Manager
300 N. "D" Street, 4th Floor, City Hall
San Bernardino, CA 92418
Re: RFP F-07-048
Expedited Building Plan Review Services
Dear Ms. Morrow:
Enclosed per the RFP are the original and six copies of our proposal to provide the services
requested.
Esgil Corporation is a specialized engineering firm that has provided building plan review
services to cities, counties, and state agencies for the past 28 years. We have served the City of
San Bernardino since February, 2001. We do no work for private sector clients to avoid any
possibility of a conflict of interest. All plan review engineers are Esgil employees. We do not
use subcontractors or moonlighters.
To the best of our knowledge we have received all RFP addenda.
This proposal shall remain valid for not less than 90 days.
We have no exceptions to the technical and contractual specifications.
9320 Chesapeake Drive, Suite 208 . San Diego, CA 92123 . (858) 560-1468 . Fax (858) 560-1576 . www.esgil.com
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Ms. Deborah Morrow
June 20, 2007
Page 2
We sincerely appreciate the positive public service attitude of the Building and Safety staff and
their professional team approach when serving the public through consultants. EsGil staff are
current on the City's policies, procedures, adoptive ordinances and interpretations, and have
established good working relationships with the City staff and the design industry. It has been a
pleasure serving the City of San Bernardino for over six years, and we look forward to many
more.
Thank you for considering Esgil Corporation to continue serving San Bernardino's plan review
service needs.
Sincerely,
ESGIL CORPORATION
End: I) Original, plus six (6) copies of Proposal
2) Two (2) Completed and Signed Price Form
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TECHNICAL PROPOSAL
A. OUALIFICATIONS. RELATED EXPERIENCE. AND REFERENCES
(1) PROFILE OF FIRM
Esgil Corporation is a corporation established in 1979, to provide professional
engineering plan review services to government agencies.
Since 1979 we have plan reviewed more than thirty-eight billion valuation of buildings in
fourteen states. Projects have included high-rise buildings, casinos, regional shopping
centers, hotels, hospitals, sports arenas, detention facilities, schools, industrial facilities,
hazardous occupancies, trash recycling, essential facilities, unreinforced masonry seismic
upgrades, residential projects, tenant improvements, and remodels. We have extensive
experience under the "I" Codes as well as the "u" Codes.
Esgil Corporation's only product is providing services to building inspection departments
and state agencies. We specialize in that single product and do not work for the private
sector. By limiting our clients to government entities only, any conflict of interest that
might occur by performing services for developer clients, or other private interests, is
completely avoided.
Our plan review process has been designed to not only be convenient for our client
jurisdictions, but also highly convenient to designers and permit applicants being served.
Via e-mail, fax, overnight mail, and teleconferencing, our service is as business friendly
as if we were located in your city. Yet, we do not have the lost efficiency associated with
branch offices.
Our staff of higWy experienced plan review engineers includes all disciplines necessary
to fulfill the scope of work. All plan review disciplines, supervisors and managers work
in one office location and work as a team to provide very professional, coordinated plan
reviews in the fastest times reasonably possible.
Our plan recheck procedures allows designers to meet with all plan review disciplines in
person or via our conference phone system without the designers having to leave their
offices. Our staff are available for phone calls from the designers or city staff at any time
from 8:00 a.m. to 5:00 p.m. Monday through Friday to answer code or plan review
questions and to assist the designers in resolving plan review deficiencies. We have a
toll-free number (800) 983-7445.
EsGil currently offers a delivery service to pick up and deliver plans when requested by
San Bernardino, at not cost to the City. We currently use Golden State Overnight, which
provides a convenient "800" number for pick-ups and deliveries. Bags and labels will
also be supplied by EsGil.
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(2) FINANCIAL CONDITION
Esgil Corporation has had a profitable year every year for twenty-eight (28) years. We
are in a very strong fmancial position and have no pending litigation, no planned office
closures and no planned mergers. San Bernardino can count on us to be a strong viable
resource for as long as the service is needed.
(3) EXPERIENCE
As stated in (I) we have provided the exact services being requested in your scope of
work to cities and counties in fourteen states. Plan review services and other Building
Department services are the only services provided by Esgil Corporation. We have
twenty-eight years of specialized service experience in this area. We have reviewed over
700 plans for San Bernardino since February 2001. Our average turn-around time has
been approximately six workdays.
~)SUBCONTRACTORS
Esgil Corporation does not use subcontractors or moonlighters to avoid any possibility of
a conflict of interest or lack of control of our services and commitments to our clients.
All plan review disciplines are Esgil employees.
(5) REFERENCES
Please see Appendix "A" for a list of long term references. Additional references can be
provided upon request.
B. PROPOSED STAFFING AND PROJECT ORGANIZATION
(I) EDUCATION. EXPERIENCE. AND CREDENTIALS OF PROJECT STAFF
Esgil Corporation's highly credentialed full-time staff of 24 plan review engineers are all
in our San Diego office. Included are licensed structural engineers, civil engineers,
mechanical engineers, and electrical engineers. All plan review engineers are also l.C.C.
Certified Plans Examiners. Appendix "B" lists the staff with their credentials. Esgil
Corporation operates with a four person management team. Appendix "C" has the
expanded resumes of the management team and copies of professional licenses.
Esgil has the depth and staff availability to commit to the workload the City of San
Bernardino desires assistance with. During peak workloads we do not accept projects
from cities and counties where we do not have an on going contractual relationship,
freeing staff to meet our service agreements. We also have the ability, when necessary,
to assign overtime. During our twenty-eight years in business we have always been able
to meet all of our agreed review times.
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(2) KEY PERSONNEL AND ORGANIZATION
All plan reviews for the City of San Bernardino will continue to be under the supervision
of Kurt Culver, S.E. Kurt will provide all liaison with city staff and will be available to
respond to any designer challenges of plan review items. Kurt is licensed as a structural
engineer in the states of Nevada, California and Arizona. To assist Kurt with San
Bernardino staff liaison and quality control will be Chuck Mendenhall, S.E.
Please see Appendix "E" for the plan review organization chart.
Esgil Corporation has a very good history of staff stability. We will not change staff
working on San Bernardino projects without your City's concurrence.
C. WORK PLAN
Kurt Culver, S.E. will preview and' log in all City of San Bernardino plans when they
arrive in our office. He will then, when necessary, contact the designer if anything
required for a complete plan review is missing. Kurt will evaluate complexity and make
assignments for each discipline required. During the plan review process Kurt or Chuck
will be providing the necessary supervision and review of the checklists before they are
mailed. All communication with city staff regarding interpretation questions or V.B.C.
Section 104.2.7/104.2.8/104.2.9 decisions will be through Kurt of Chuck.
Esgil Corporation maintains an extensive database on each of our clients. We also
maintain tailored supplemental checklists for each client.
Plan review engineers follow the checklists for their reviews. They add to or modify any
item on the checklist at their work station and then print out a list showing only those
items where deficiencies were found to exist on the plans. Our checklists are very user
friendly and have been well received by the design industry.
Quality control and supervision of plan review staff are accomplished by having all staff
in a single location, a clearly defined organization and having management and
supervisory decision-makers immediately available. All plan review lists are reviewed
for quality control prior to being sent out.
We will set up a next-day delivery courier service to transport plans to and from your city
office. Checklists are faxed and mailed to the applicants and the city.
Our systems have continued to evolve over the past twenty-one years. Our systems are
flexible and can be tailored to the specific needs of the City of San Bernardino.
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D. EXCEPTIONS / DEVIATIONS
The San Bernardino R.F.P. is very complete and appropriate to the selection process. We
have no exceptions or deviations. See Appendix "F".
E. SERVICE PRICE
Please see Appendix "0" for proposed service price.
F. NON-COLLUSION
Please see Appendix "H" for the signed Non-Collusion Affidavit.
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PRICE FORM
REQUEST FOR QUOTES:
RFP F-07-48
DESCRIPTION OF RFP:
Expeditious Building Plan Review Services
BIDDER'S NAME/ADDRESS:
ESGIL CORPORATION
9320 CHESAPEAKE DRIVE #208
SAN DIEGO. CA 92123
NAMEITELEPHONE NO. OF
AUTHORIZED REPRESENTATIVE
RICHARD JAMES ESGATE, PRESIDENT
(858) 560-1468
ANNUAL PURCHASE ORDER
Effective on or about July 1, 2007 through June 30, 2008 plus two single-year options, for
City's partial requirements, on an as-needed basis, with no guaranteed usage for Expeditious
Building Plan Review Services.
Ootion vear one, if exercised, shall be effective July 1, 2008 through June 30, 2009. Ootion
vear two, if exercised, shall be effective July 1, 2009 through June 30, 2010. Actual option
year pricing shall be negotiated with the successful Bidder(s) prior to exercising of any given
option year. Option years shall become effective only upon issuance by the City of a duly
authorized Purchase Order.
Please provide detailed Firm Fixed Price cost information in the spaces provided below, and
any other incidental or additional costs required to complete the Technical Specification
requirements.
Appendix "G"
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RFQ F'()7-48
PRICE FORM (conti.)
Description
Cost
1. Percentage of Plan Review Fee (See Schedule of Fees):
2. Percentage of Plan Review Fees (Structural Only):
3. Hourly Rate:
8'i%
42.5% .for residential
52.5% for commercial
Please see attached for
EsGil Hourly Rates
4. Optional Services:
5. Other:
Are there any other additional or incidental costs that will be reqUir~ your firm in order to
meet the requirements of the Technical Specifications? Yes / . (Circle one). If you
answered "Yes., please provide detail of said additional costs:
OUR SINGLE FEE OF 85% OF CITY PLAN CHECK FEE COVERS THE FULL SCOPE
OF WORK. INCLUDING ALL RECHECKS OF CORRECTIONS.
Please indicate any elements of the Technical Specifications that cannot be met by your firm. _
NONE. ALL SPECIFICATIONS CAN BE MET BY OUR FIRM.
Have you included in your bid all informational items and forms as requested~/ No
(circle one). If you answered "No", please explain:
This offer shall remain firm for 90 days from RFP close date.
Terms and conditions as set forth in this RFP apply to this bid.
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Cash discount allowable
thirty (3D) days.
~
days; unless otherwise stated, payment terms are: Net
In signing this bid, Bidder warrants that all certifications and documents requested herein are
attached and properly completed and signed.
From time to time, the City may issue one or more addenda to this RFP. Below, please indicate all
Addenda to this RFP received by your firm, and the date said Addenda was/were received.
Verification of Addenda Received
Addenda No:
Addenda No:
Addenda No:
I
.J..
Received on:
Received on: (,:0
Received on:
AUTHORIZED SIGNATURE:
PRINT SIGNER'S NAME AND TITLE:
RICHARD JAMES ESGATE
PRESIDENT
DATE SIGNED:
COMPANY NAME & ADDRESS:
C/;3/o1
ESGIL CORPORATION
9320 CHESAPEAKE DRIVE #208
SAN DIEGO, CA 92123
PHONE: (858l 560-1468
FAX: (858l 560-5313
IF SUBMITTING A "NO BID", PLEASE STATE REASON (5) BELOW:
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ESGIL CORPORATION
HOURLY RATES
Supervising Structural Engineer
$129.00
Structural Engineer
$116.00
Civil Engineer
$100.00
Electrical Engineer
$100.00
Mechanical Engineer
$100.00
I.C.C. Plans Examiner
$86.00
Note
Labor rates are only used when requested by our clients, where a Building Plan
Check Fee is not applicable.