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Home My WebLink About2017-031 1 RESOLUTION NO. 2017-31 2 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN 3 BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH IDS GROUP FOR ENGINEERING AND 4 DESIGN SERVICES RELATED TO SEVERAL STRUCTURES IN THE CITY HALL 5 PLAZA FOR AN AMOUNT NOT TO EXCEED $1,009,540 6 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 8 SECTION 1. The City Manager is hereby authorized to execute an agreement with 9 IDS Group for engineering and design services related to several structures in the City Hall 10 Plaza for an amount not to exceed $1,009,540. 11 SECTION 2. The City Manager is hereby authorized to execute any other such 12 documents as may be necessary to effectuate the intention of this resolution. 13 14 SECTION 3. The Director of Finance is hereby authorized to issue the necessary 15 Purchase Orders to carry out the intention of this resolution. 16 17 18 19 20 21 22 23 24 25 26 27 28 1 1 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN 2 BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGGREEMENT WITH IDS GROUP FOR ENGINEERING AND 3 DESIGN SERVICES RELATED TO SEVERAL STRUCTURES IN THE CITY HALL 4 PLAZA FOR AN AMOUNT NOT TO EXCEED 51,009,540. 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 6 and City Council of the City of San Bernardino at a joint regular meeting thereof, held on 7 the 6th day of March, 2017, by the following vote, to wit: 8 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 MARQUEZ X 11 BARRIOS X 12 VALDIVIA X 13 14 SHORETT X(S) 15 NICKEL X 16 RICHARD X 17 MULVIHILL X (M) 18 19 `— GeorgeaAn Hanna, MC, City Clerk 20 21 -4 22 The foregoing Resolution is hereby approved this !'457 day of *1tA5 k 2017. 23 /�" " �� 24 R. Carey Davi , Mayor 25 City of San rnardino 26 Approved as to form: Gary D. Saenz, City Attorney 27 28 By. 2 % TV v r-jNDOR SERVICES AGREEMENT BETWEEN IDS GROUP AND THE CITY OF SAN BERNARDINO FOR ENGINEERING AND DESIGN SERVICES FOR CAPITAL PROJECTS ASSOCIATED WITH CITY HALL PLAZA This Vendor Services Agreement is entered into this 9th day of March, 2017 by and between IDS Group ("VENDOR") and the City of San Bernardino ("CITY" or "San Bernardino"). iA 1 N 0 -11 &A fb Imi WHEREAS, the Mayor and Common Council has determined that it is advantageous and in the best interest of the CITY to contract for engineering and design services for capital projects associated with City Hall Plaza. 1, SCOPE OF SERVICES. For the remuneration stipulated, San Bernardino hereby engages the services of VENDOR to provide those products and services as set forth on Exhibit "A," attached hereto and incorporated herein. 2. COMPENSATION AND EXPENSES, L . For the services delineated above, the CITY, upon presentation of an invoice, shall pay the VENDOR up to the amount of $1,009,540 for engineering and design services. b. No other expenditures made by VENDOR shall be reimbursed by CITY. TERMINATION. 9 The term of this Agreement shall be from March 6, 2017 through June 30, 2018. This Agreement may be terminated at any time by thirty (30) days' written notice by e ither party. The terms of this Agreement shall remain in force unless mutually amended. The i duration of this Agreement may be extended with the written consent of both parties. 4, INDEMNITY. Vendor agrees to and shall indemnify and hold the City, its elected officials, employees, agents or representatives, free and harmless from all claims, actions, damages and liabties of Iny kind and nature arising from bodily injury, including death, or property damage, based or asserted upon any actual or alleged act or omission of Vendor, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement, unless the bodily injury or property damage was Ictually caused by the sole negligence of the City, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its own expense, including attorney's fees, the City, its elected officials, employees, agents or representatives from any and all l4gal actions based upon such actual or alleged acts or omissions. Vendor hereby waives any and all rights to any types of express or implied indemnity against the City, its elected officials, employees, agents or representatives, with 0 respect to third party claims against the Vendor relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 5. INSURANCE, While not restricting or limiting the foregoing, during the term of this Agreement, VENDOR shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the CITY's Risk Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an additional named insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished to the CITY shall require the insurer to notify CITY at least 30 days prior to any change in or termination of the policy. 6. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical condition, man*tal status, sexual gender or sexual ori entation, or any other status protected by law. 7. 11DEPENDENT CONTRACTOR. VENDOR shall perfon-n work tasks provided by this Agreement, but for all intents an:, purposes VENDOR shall be an independent contractor and not an agent or employee of th CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment o Income Tax, Social Security, State Disability Insurance Compensation, Unemplo Compensation, and other payroll deductions for VENDOR and its officers, agent , C employees, and all business license, if any are required, in connection with the services to b performed hereunder. 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENT& VENDOR warrants that it possesses or shall obtain prior to execution of this Agreement, and maintain a business registration certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, quacations, insurance and approval of whatever nature that are legally required of VENDOR to practice its business or profession. NOTICES. Any notices to be given pursuant to this Agreement shall be deposited with the Unitef States Postal Service, postage prepaid and addressed as follows: A Qim City Manager 300 North "D" Street San Bernardino, CA 92418 Telephone: (909) 384-5122 IDS Group I Peters Canyon Road Irvine, California 9260f. 10. ATTORNEYS'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 enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this paragraph. 11. ASSIGNMENT. VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior written consent. Any attempted assinment, transfer, subletting or encumbrance shall be gvoid and shall constitute a breach of this Agreement and cause for the termination of this Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR of VENDOR's obligation to perform all other obligations to be performed by VENDOR hereunder for the term of this Agreement. 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and gated either in the State courts located in the County of San Bernardino, State of California or the U.S. District Court for the Central District of California, Riverside Division. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. 13. GOVERNING LAW, This Agreement shall be governed by the ♦laws of the State of California. 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective heirs, representatives, successors, and assigns. 15. HEADINGS. The subject headings of the sections ®f this AgTeement are included f®r the purposes of convenience only and shall not affect the construction or the interpretation ®f any of its provisions. 18, E�-TIRE AGREEMENT- MODIFICATION. 9 This Agreement constitutes the entire agreement and the understanding between the parties, and supersedes any prior agreements and understandings relating to the subject matter of this Agreement. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: March 9, 2017 Attest: Georges ifA Hanna, CM`C, City Clerk Wated: March 9. 2017 Approved as to Form: Gary D. Saenz, City Attorney B VENDOR. By - Its Af ;-Ae4l By: Mark Scott, City Manager