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Home My WebLink About21-City Attorney - - - - - - cCv OF SAN BERNARCNo - REQlCJST FOR COUNCIL AthlON From: Ralph H. Prince Subject: Agreements with Willdan Associate~ and BSI Consultants. Inc. for PI.tl) l'lIl't'k :;('I-Vit'e~i Dept: City Attorney Date: May 23, 1986 Synopsis of Previous Council action: 5/5/86 The Council approved the contract in concept for building plan review services , and directed the Legislative Review Committee to review the contract document prior to execution. 5/22/86 Legislative Review Committee recommended that contracts be entered into with Willdan Associates and BSI Consultants. Recommenoled motion: Adopt resolution. .> ~.M ~2 . i:re ('/ Contact person: Ralph H. Prin"", Phone: c;;>c;c; Supporting data attached: Yes Ward: FUNDING REQUIREMENTS: Amount: TTnknnwn Sou rce: NIl!. . Percentage of plan -reuieurini) feeri Finance: /V~"L CL-A-.. , Cou nc iI Notes: 75-0262 ~ A",>nrl~ ItAm r..1c::;;2/ , - c ,.- ........ --- J "). ~. 1 RESOLUTION NO. 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. 4 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 i 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 meeting thereof. 16 held on the day of , 1986, by the following 17 vote, to wit: 18 19 AYES: Council Members 20 NAYS: 21 ABSENT: 22 23 24 City Clerk The foregoing resolution is hereby approved this day 25 of 26 , 1986. 27 Approved as to form: 28 tf2tZ/t.IJ JI/IZ~;:. City torhey Mayor of the City of San Bern~r~~no c ,-- '- ,...,,""' :) ~ AGREEMENT FOR BUilDING PLANS EXAMINING SERVICES THIS AGREEMENT, made and entered Into this day of , 19___, by and between the City of San Bernardino, hereinafter referred to as "CITY" and Wllldan Associates, a California corporation with offices at 155 Hospitality lane, Suite 110, San Bernardino, California, hereinafter referred to as "ENGINEER". .w. 1 I .t! .E .s.~ .E I HI WHEREAS, ENGINEER represents that he has that degree of specialized ex- pertlse contemplated within California Government Code, Section 37103 and holds al I necessary licenses therefor to practice and perform the servIces herein contemplated; and WHEREAS, no official or employee of CITY has a financial Interest In the subject matter of this Agreement contemplated within the provisions of Cali- fornia Government Code, Sections 1090-1092; and WHEREAS, ENGINEER declares that he shall perform the services herein con- templated In compliance with the Federal and California laws related to mini- mum hours and wages (40 U.S.C. 276A et seq. and California labor Code Section 6300 et seq., and California labor Code Section 1410 et seq.l to the extent same are applicable herein; and WHEREAS, the parties hereto Intend to set forth all their rights, duties, obligations and liabilities with respect to the work, project or activity con- templated herein and services to be performed by ENGINEER thereunder. f' ,,' n c --- ,.""",", .-.., ....,,/ ........ -.."I NOW, THEREFORE, In consideration of the mutual premises of the parties, and other good and sufficIent consideration, the parties agree to the follow- Ing terms, conditions and covenants: CITY does hereby appoint ENGINEER In a contractual capacity to perform the fol lowing services In accordance with the terms and conditions hereinafter set forth: I. BUILDING PLANS EXAMINING SERVICES ENGINEER shal I, at the request of the CITY, examine plans for compl lance with the City's BuIlding, Plumbing, Mechanical and Elec- trical Codes and other pertinent CITY and State regulations failing within the purview of the Building Official. Employees of ENGINEER shall have the power and duties of the plans examiner of the CITY when performing such work for structures reviewed by Engineer. II. COLLECTION OF FEES All fees to be collected from any applicant In connection with the carrying out of the functions as set forth In this Agreement shall be collected by the CITY. II I. COIoFENSA TI ON OF ENG I NEER For services performed under Paragraph I of this Agreement, ENGINEER shall be compensated at a rate of 75S of the plan reviewing fees collected by the CITY for structures to be reviewed by EN;INEER. For structures exceed Ing $1 million In val uatlon, EN;I NEER shall be compensated In an amount equal to 65S of the plan review fees collected by the CITY for structures to be reviewed by EN; I NEER. - . c - -, .....,I :> '"'" IY. TERMINATION This Agreement may be terminated with or without cause by CITY at any time after givIng the ENGINEER no less than fifteen (15) days notIce In wrIting. In the event of such termInatIon, ENGINEER shall be compensated for such servIces up to the poInt of termInatIon. This Agreement may be terminated by ENGINEER only by providIng CITY with wrItten notice no less than sixty (60) days In advance of such termInatIon. Y. GENERAL CONDITIONS A. ThIs Is a standby Agreement to permit the CITY to assign work to ENGINEER from time to time as approprIate. CITY may, at Its sole unrestrIcted option, use Its own employees and/or other Independent contractors to do work, Including work for whIch ENGINEER Is herein appointed. B. CITY shall not be called upon to assume any liability for the dIrect payment of any salary, wage or other compensation to any person employed by ENGINEER performing servIces hereunder for CITY. C. All officers, agents, employees, subcontractors, their agents, officers and employees who are hired by or engaged by ENGI- NEER In the performance of thIs Agreement shall be deemed officers, agents and employees and subcontractors of ENGINEER and CITY shall not be liable or responsIble to them for anything whatsoever other than the liability to ENGINEER as set forth In thIs Agreement. EN- GINEER agrees to save, keep and hold harmless and defend CITY and all of Its officers and employees from all damages, costs or expenses In law and equity Including costs of suit and expenses for c -- ""'" -...I "'-'~., "-' -" legal services that may at any time arise or be set up because of damage to property or Injury to persons received or suffered by reason of the operation of ENGINEER which may be occasioned by any negligent act or omission to act which amounts to negligence on the part of ENGINEER or any of Its agents, officers and employees and subcontractors. ENGINEER agrees to and shall at Its own cost and expense pro- cure and maintain during the term of this Agreement general Ilablll- ty Insurance In an amount of not less than S2 million. Such Insur- ance shall be procured from an Insurer authorized to do business In California and approved, In writing, by CITY. CITY shall be named as an additional Insured. In addition, ENGINEER shall obtain Work- er's Compensation Insurance covering all of Its employees as re- qulred by law and professional liability Insurance In the amount of S2 mil lion. ENGINEER shall provide CITY with satisfactory evidence that premiums have been paid and shall deliver to CITY satisfactory evIdence that such Insurance has been renewed and that the required premium or premiums therefor have been paid. D. ENGINEER shall assume liability for the wrongful or negll- gent acts, errors and omissions of Its offlcers,agents and employees and subcontractors In regard to any functions or activity carried out by them on behalf of CITY pursuant to the terms of this Agree- ment. CITY shall Indemnify ENGINEER for claims and suits against ENGINEER In the performance of work authorized by this Agreement that are not the wrongful acts of the ENGINEER, his officers, agents or employees and subcontractors. . c - .-- I"..; ~"'" ......" :) V I. IMPlEMENTATION The CITY shall provide ENGINEER with written notice In advance of the date at which these services are to be Implemented. IN WITNESS WHEREOF, the parties hereto have subscribed theIr names, CITY by Its duly authorized officers and ENGINEER by Its Vice President, the date and year first above written In this Agreement. CITY OF SAN BERNARD I NO WILLDAN ASSOCIATES Vice President APPROVED AS TO FORM: /24MJ Iff~ City Attorney - . c c --" v ,) AGREEMENT FOR BUILDING PLAN REVIEW SERVICES THIS AGREEMENT, made and entered into this day of , 1986, by and between the City of San Bernardino, a municipal corporation, located in the County of San Bernardino, State of California, hereinafter referred to as "CITY" and BSI Consultants, Inc., a California corporation with principal offices at 1415 East Seventeenth Street, Santa Ana, California, hereinafter referred to as "ENGINEER." WITNESSETH: WHEREAS, ENGINEER represents that he has that degree of specialized expertise contemplated within California Government Code Section 37103 and holds all necessary licenses therefor to practice and perform the services herein contemplated; and WHEREAS, the CITY requires said specialized services to perform the work, project, and activity herein contemplated thereby exempting this agreement from bid requirements; and WHEREAS, no official or employee of CITY has a financial interest in the subject matter of this agreement contemplated within the provisions of California Government Code Sections 1090-1092; and ~- iDi 'Jil 'u APR 28 193C .~ ;.'.-, ."' II';' '" Ii:' L':'.' , 0 L~ .~ 1 of 5 9U~L:;~NG '.'1 S,~i=:;':Y'. ~I'rv [!~ SP.~"~ ~7:~~~\~P'0~;i\;" E" D - - . c ,..... .-... -....I ,"-"., v ,) WHEREAS, ENGINEER declares that he shall perform the services herein contemplated in compliance with the Federal and California laws related to minimum hours and wages (40 U.S.C. 276A, et seq., and California Labor Code Section 6300, et seq., and California Labor Code Section 1410, et seq.) to the extent same are applicable herein; and WHEREAS, the parties hereto intend to set forth all their rights, duties, obligation and liabilities with respect to the work, project, or activity contemplated herein and services to be performed by ENGINEER thereunder. NOW, THEREFORE, in consideration of the mutual promises of the parties, and other good and sufficient consideration, the parties agree to the following terms, conditions, and covenants: CITY does hereby appoint ENGINEER in a contractual capacity to perform the following services in accordance with the terms and conditions hereinafter set forth: I. PLAN CHECKING SERVICES ENGINEER shall, upon request of the City Building Official, review plans for compliance with the CITY'S Building Code regulations falling within the purview of the Building Official. CITY may, at its sole unrestricted option, use its own employees and/or other independent contractors to do work, including work for which ENGINEER is herein appointed. Pertinent CITY policies and regulations will be provided 2 of 5 - c o o ,,) by the CITY. Employees of ENGINEER shall have the power and duties of the plan checker of the CITY when performing such work. The CITY shall provide direction as to which editions of the codes are to be used by ENGINEER and will furnish copies of any amendments to such codes. II. COLLECTION OF FEES All fees to be collected from any applicant in connection with the carrying out of the functions as set forth in this agreement shall be collected by the CITY. III. COMPENSATION OF ENGINEER CITY agrees to adopt fees comparable to those con- tained in the then current edition of the Uniform Building Code. CITY agrees to utilize a nationally recognized standard of establishing building valuation such as Building Standards Magazine or a comparable publication as deemed proper by the Building Official. A copy of any schedule to be used will be provided to ENGINEER by CITY. A. ENGINEER shall be compensated in an amount equal to eighty percent of the permit fees collected by CITY. B. ENGINEER shall invoice CITY monthly for services rendered and CITY shall pay ENGINEER upon completion of the initial plan review. IV. TERMINATION This agreement may be terminated with or without cause by CITY at any time after giving the ENGINEER written notice specifying the effective date. In the event of such 3 of 5 c' ,- '-' ,-- -...) ,), termination, ENGINEER shall be compensated for such services up to the point of termination. This agreement may be terminated by ENGINEER only by providing CITY with written notice no less than thirty (30) days in advance of such termination. V. GENERAL CONDITIONS A. ENGINEER shall provide no services for any private client within the corporate bol~ndaries of CITY during the period that this agreement is in effect. B. CITY shall not be called upon to assume any liability for the direct payment of any salary, wage, or other compensation to any person employed by ENGINEER performing services hereunder for CITY. C. ENGINEER shall indemnify and hold harmless CITY, its officers and employees from and against any and all damages to property or injuries to or death of any person or persons, including property and employees of CITY, and shall defend, indemnify, and hold harmless CITY, its officers and employees, from and against any and all claims, demands, liabilities, suits, actions, or proceedings therefor, result- ing from or arising out of the negligent acts or omissions of ENGINEER, its employees or subcontractors. D. It is further understood and agreed that ENGINEER is, and shall be, acting at all times as an independent contractor herein and not as an employee of CITY. ENGINEER shall secure at his expense, and be responsible for any and 4 of 5 -- ~ - - c o o :) all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation and other payroll deductions for ENGINEER and his officers, agents and employees and for all business licenses, if any, in connection with the services to be performed hereunder. VI. IMPLEMENTATION The CITY shall provide ENGINEER with written notice at which time these services will be implemented. IN WITNESS WHEREOF, the parties hereto have subscribed their names, CITY by.its Mayor and Clerk, and ENGINEER by its Vice President, the date and year first above written in this Agreement. CITY OF SAN BERNARDINO ATTEST: By Mayor City Clerk BSI CONSULTANTS, INC. By Vice President Approved as to form: /J2./~I/12~ City Altorney 5 of 5