HomeMy WebLinkAbout1986-201
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RESOLUTION NO. 86-201
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH WILLDAN ASSOCIATES AND AN AGREEMENT
3 WITH BSI CONSULTANTS, INC., FOR PLAN CHECK SERVICES.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
5 SAN BERNARDINO AS FOLLOWS:
6 SECTION 1. The Mayor of the City of San Bernardino is hereby
7 authorized and directed to execute on behalf of said City an
8 agreement with Willdan Associates and an agreement with BSI
9 Consultants, Inc., for plan check services, copies of which are
10 attached hereto, marked Exhibit "A" and "B" respectively, and
11 incorporated herein by reference as fully as though set forth at
12 length.
13 I HEREBY CERTIFY that the foregoing resolution was duly
14 adopted by the Mayor and Common Council of the City of San
15 Bernardino at a
regular
meeting thereof,
16 held on the 2nd
June
, ~986, by the following
day of
17 vote, to wit:
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AYES:
Council Members Estrada, Reilly, Hernandez,
Marks, Quiel, Strickler
NAYS:
None
ABSENT:
Council Member Frazier
kt::/7~~~
/City Clerk
The foregoing resolution is hereby approved this 7/~
day
25 of
26
, 1986.
June
M4
Cl ty of ~an ~ernardino
27 Approved as to form:
A/} C'
28 tf2tZ~AJ /I~ ~~
City ~orhey
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A G R E E MEN T
2 (Building Plan Review Services)
3 I~HIS AGREEMENT is made and entered into this /,zc!;{;' day of
\
4 \~"~I/1tl/ , 1986, by and between the CITY OF SAN BERNARDINO,
'",:,._~
5 a mu~icipal corporation, located in the County of San Bernardino,
6 state of California, hereinafter referred to as "City", and BSI
7 CONSULTANTS, INC., a California corporation with principal offices
8 at 1415 East Seventeenth Street, Santa Ana, California,
9 hereinafter referred to as "Engineer."
10
WIT N E SSE T H:
11 WHEREAS, Engineer represents that he has that degree of
12 specialized expertise contemplated within California Government
13 Code Section 37103 and holds all necessary licenses therefor to
14 practice and perform the services herein contemplated; and
15 WHEREAS, the City requires said specialized services to
16 perform the work, project, and activity here!~ contemplated
17 thereby exempting this agreement from bid requirements; and
18 WHEREAS, no official or employee of City has a financial
19 interest in the subject matter of this agreement contemplated
20 within the provisions of California Government Code Sections 1090-
21 1092; and
22 WHEREAS, Engineer declares that he shall perform the services
23 herein contemplated in compliance with the Federal and California
24 laws related to minimum hours and wages (40 U.S.C. 276A, et seq.,
25 and California Labor Code Section 6300, et seq., and California
26 Labor Code Section 1410, et seq.) to the extent same are
27 applicable herein; and
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WHEREAS, the parties hereto intend to set forth all their
1 Building Standards Magazine or a comparable publication as deemed
2 proper by the Building Official. A copy of any schedule to be
3 used will be provided to Engineer by City.
4 A. Engineer shall be compensated in an amount equal to
5 eighty percent of the plan checking fees collected by City.
6 B. Engineer shall invoice City monthly for services
7 rendered and City shall pay Engineer upon completion of the
8 initial plan review.
9 4. Termination. This agreement may be terminated with or
10 without cause by City at any time after giving the Engineer
11 written notice specifying the effective date. In the event of
12 such termination, Engineer shall be compensated for such services
13 up to the point of termination.
14 This agreement may be terminated by Engineer only by
15 providing City with written notice no less than thirty (30) days
16 in advance of such termination.
17 5. General Conditions.
18 A. Engineer shall provide no services for any private
19 client within the corporate boundaries of City during the period
20 that this agreement is in effect.
21 B. City shall not be called upon to assume any liability
22 for the direct payment of any salary, wage, or other compensation
23 to any person employed by Engineer performing services hereunder
24 for C i t Y .
25 C. Engineer shall indemnify and hold harmless City, its
26 officers and employees from and against any and all damages to
27 property or injuries to or death of any person or persons,
28 including property and employees of City, and shall defend,
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1 indemnify, and hold harmless City, its officers and employees,
2 from and against any and all claims, demands, damages, costs of
3 expenses in law and equity including costs of suit and expenses
4 for legal services that may at any time arise or be set up because
5 of damage to property or injury to persons received or suffered by
6 reason of the operation of Engineer which may be occasioned by any
7 negligent act or omission to act which amounts to negligence on
8 the part of Engineer or any of its agents, officers and employees
9 and subcontractors.
10 Engineer agrees to and shall at its own cost and expense
11 procure and maintain during the term of this agreement general
12 liability insurance in an amount determined by City's Director of
13 Emergency Services/Risk Management. Such insurance shall be
14 procured from an insurer authorized to do business in California
15 and approved, in writing, by City. City shall be named as an
16 additional insured. In addition, Engineer sVal1 obtain worker's
17 compensation insurance covering all of its employees as required
18 by law.
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D. It is further understood and agreed that Engineer is,
20 and shall be, acting at all times as an independent contractor
21 herein and not as an employee of City. Engineer shall secure at
22 his expense, and be responsible for any and all payment of income
23 tax, social security, state disability insurance compensation,
24 unemployment compensation and other payroll deductions for
25 Engineer and his officers, agents and employees and for all
26 business licenses, if any, in connection with the services to be
27 performed hereunder.
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6. Implementation. City shall provide Engineer with written
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1 notice of the date at which time these services will be
2 implemented.
3 IN WITNESS WHEREOF, the parties hereto have subscribed their
4 names, City by its Mayor and Clerk, and Engineer by its Vice
5 president, the date and year first above written in this
6 agreement.
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ATTEST:
8
9 ~f7~&
10 City Clerk
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Approved as to form:
// ~~ ~ 1~/~7 c9'
? 0l~ /if/ /-1v~~
City Attorney
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CITY OF SAN BERNARDINO
()~, -'-7;'
,>F::" (/. // /}(,. e /-."
/ / 1/ IJ. / /1" /A f/
By ,.I /) M/\_z- /---1/\ - (, G " L-" -~ L~;7-"
( / Mayor
BSI CONSULTANTS, INC.
//~ A ~
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By . Y'~fI" .~~. '. . ... /I /
Its Viceu resident
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1 A G R E E MEN T
2 (Building Plans Examining Services)
3 T~IS AGREEMENT is made and entered into this /,zC~' day of
4
\~,
'~., #;L<~"_~.,_,..,"._,!
, 1986, by and between the CITY OF SAN BERNARDINO,
5 a mukicipal corporation, hereinafter referred to as "City", and
6 WILLDAN ASSOCIATES, a California corporation with offices at 155
7 Hospitality Lane, Suite 110, San Bernardino, California,
8 hereinafter referred to as "Engineer".
9
WIT N E SSE T H:
10 WHEREAS, Engineer represents that he has that degree of
11 specialized expertise contemplated within California Government
12 Code Section 37103 and holds all necessary licenses therefor to
13 practice and perform the services herein contemplated; and
14 WHEREAS, no official or employee of City has a financial
15 interest in the subject matter of this agreement contemplated
16 within the provisions of California GovernmeQt Code Sections 1090-
17 1092; and
18 WHEREAS, Engineer declares that he shall perform the services
19 herein contemplated in compliance with the Federal and California
20 laws related to minimum hours and wages (40 D.S.C. 276A, et seq.,
21 and California Labor Code Section 6300, et seq., and California
22 Labor Code Section 1410, et seq.) to the extent same are
23 applicable herein; and
24 WHEREAS, the parties hereto intend to set forth all their
25 rights, duties, obligations and liabilities with respect to the
26 work, project or activity contemplated herein and services to be
27 performed by Engineer thereunder.
28 NOW, THEREFORE, in consideration of the mutual promises of
] the parties, and other good and sufficient consideration, the
2 parties agree to the following terms, conditions and covenants:
3 City does hereby appoint Engineer in a contractual capacity
4 to perform the following services in accordance with the terms and
5 conditions hereinafter set forth:
6 1. Building Plans Examining Services. Engineer shall, at
7 the request of the City Building Official, examine plans for
8 compliance with the City's Building, Plumbing, Mechanical and
9 Electrical Codes and other pertinent City and State regulations
10 falling within the purview of the Building Official. Employees of
]] Engineer shall have the power and duties of the plan checkers of
12 the City when performing such work for structures reviewed by
13 Eng ineer.
14 2. Collection of Fees. All fees to be collected from any
15 applicant in connection with the carrying out of the functions as
16 set forth in this agreement shall be collect~d by City.
17 3. Compensation of Engineer. For services performed under
18 Paragraph 1 of this agreement, Engineer shall be compensated at a
19 rate of 75% of the plan check fees collected by City for
20 structures to be reviewed by Engineer.
21 For structures exceeding $1 million in valuation, Engineer
22 shall be compensated in an amount equal to 65% of the plan check
23 fees collected by City for structures to be reviewed by Engineer.
24 4. Termination. This agreement may be terminated with or
25 without cause by City at any time after giving the Engineer no
26 less than fifteen (15) days notice in writing. In the event of
27 such termination, Engineer shall be compensated for such services
28 up to the point of termination.
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1 This agreement may be terminated by Enigneer only by
2 providing City with written notice no less than sixty (60) days in
3 advance of such termination.
4 5. General Conditions.
5 A. This is a standby agreement to permit the City to
6 assign work to Engineer from time to time as appropriate. City
7 may, at its sole unrestricted option, use its own employees and/or
8 other independent contractors to do work, including work for which
9 Engineer is herein appointed.
10 B. Engineer shall provide no services for any private
1] client within the corporate boundaries of City which has or
12 intends to have its building plans filed with City during the
13 period that this agreement is in effect, and shall not otherwise
14 have any private interest conflicting with its duties to City
15 under this agreement.
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C. City shall not be called upon t~ assume any liability
17 for the direct payment of any salary, wage or other compensation
18 to any person employed by Engineer performing services hereunder
19 for City.
20 D. All officers, agents, employees, subcontractors,
21 their agents, officers and employees who are hired by or engaged
22 by Engineer in the performance of this agreement shall be deemed
23 officers, agents and employees and subcontractors of Engineer and
24 City shall not be liable or responsible to them for anything
25 whatsoever other than the liability to Engineer as set forth in
26 this agreement. Engineer agrees to save, keep and hold harmless
27 and defend City and all of its officers and employees from all
28 damages, costs or expenses in law and equity including costs of
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1 suit and expenses for legal services that may at any time arise or
2 be set up because of damage to property or injury to persons
3 received or suffered by reason of the operation of Engineer which
4 may be occasioned by any negligent act or omission to act which
5 amounts to negligence on the part of Engineer or any of its
6 agents, officers and employees and subcontractors.
7 Engineer agrees to and shall at its own cost and expense
8 procure and maintain during the term of this agreement general
9 liability insurance in an amount of not less than $2 million.
10 Such insurance shall be procured from an insurer authorized to do
11 business in California and approved, in writing, by City. City
12 shall be named as an additional insured. In addition, Engineer
13 shall obtain worker's compensation insurance covering all of its
14 employees as required by law and professional liability insurance
15 in the amount of $2 million. Engineer shall provide City with
16 satisfactory evidence that premiums have beep< paid and shall
17 deliver to City satisfactory evidence that such insurance has been
18 renewed and that the required premium or premiums therefor have
19 been paid.
20 E. Engineer shall assume liability for the wrongful or
21 negligent acts, errors and omissions of its officers, agents and
22 employees and subcontractors in regard to any functions or
23 activity carried out by them on behalf of City pursuant to the
24 terms of this agreement. City shall indemnify Engineer for claims
25 and suits against Engineer in the performance of work authorized
26 by this agreement that are not the wrongful acts of the Engineer,
27 his officers, agents or employees and subcontractors.
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6. Implementation. The City shall provide Engineer with
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1 written notice in advance of the date at which these services are
2 to be implemented.
3 IN WITNESS WHEREOF, the parties hereto have subscribed their
4 names, City by its duly authorized officers and Engineer by its
5 Vice President,
6 agreement.
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ATTEST:
8
9 /2-
City Clerk
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the date and year first above written in this
CITY ~ SAN BERNARDINO
~ .. L)
By (p j-~l1 /I.-> /It/~ / ~
Mayor
:f:~~~:~(~~~,A; ~ ~ (~Qv-,.,(~
Its Vice President
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Approved as to form:
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