Loading...
HomeMy WebLinkAbout15-Development Services ,,' CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: William Woolard, Interim Director Subject: Resolution approving Services Agreements with Berryman & Henigar, EsGil Corporation, and WiIldan for Professional Plan Check Services. Dept: Development Services OR f 1'\ II 'AL IUll~' Date: August 3, 2000 Synopsis of Previous Council Action: None MCC Date: 8/21/00 Recommended Motion: Adopt Resolution ~ ~ William Woolard Contact person: Joseph Lease, Insp./Dev. Svcs Manager Phone: 384-5057 Supporting data attached: Staff Report, Reso., Agreements Ward: A 11 FUNDING REQUIREMENTS: Amount: $92,000 Source: (Aeel. No.) 772-192-2306 ($82,000) & 001-192-5502 ($10,000) (Aeel. Description) Professional/Contractual Finance:_~k~(kL Council Notes: Agenda Item No. fJ /5 J {)lJ IS . ' City of San Bernardino - Request for Council Action Staff Report Subiect: Resolution approving services agreements with Berryman & Henigar, EsGil Corporation, and Willdan for professional plan check services. Backl!found: The Development Services Department, Plan Check Division, utilizes consultants to perform plan reviews to determine compliance with applicable building codes on proposed development projects. The utilization of consultants allows the division to offer an "expeditious plan review service" to customers. This service provides for a ten-day turn-around time for the first check of a proposed development project. Per Ordinance Amendment No. MC-949, adopted in August of 1995 and effective September 7, 1995, an additional 25% fee to cover City overhead for administration and processing is levied for this service. In addition, occasionally, it is necessary to utilize consultant services on large complex developments or during periods of high construction activity which exceed the capacity of in-house staff. Having services agreements with multiple vendors will allow permit applicants a choice of vendors for expeditious plan reviews and will ensure the availability of consultant services during peak construction periods. The Development Services Department prepared specifications for professional plan check services. The Purchasing Division sent out notices inviting bids for an annual contract for provision of such services per Specification No. F-Ol-02. Notices were sent to nine (9) vendors and the San Bernardino Area Chamber of Commerce and an advertisement was placed in the San Bernardino SUN and on the City's web page. The following firms were sent requests for proposals: EsGil Corporation, San Diego Berryman & Henigar, Santa Ana P & D Consultants, Orange I.Z. Associates, Fontana Scott Fazekas & Associates, Irvine The Phillips Group, Santa Rosa Willdan, San Bernardino Sidhi Consultants, Orange BJY Incorporated, Pleasanton Six firms submitted proposals. Development Services staff reviewed and scored the proposals A point value between one and ten was used to determine the highest and lowest ratings in the following areas: experience and capacity of the firm, scope of services offered, professionalism, location, and completeness of the response. After those scores were added, pricing was considered and a selection was made. Berryman & Henigar, EsGil Corporation and Willdan were selected based on the average of their overall scores in the above areas. Three firms were chosen so that the Department will have a greater degree of accessibility and availability when services are needed. ..' City of San Bernardino - Request for Council Action Staff Report - continued Financial Imoact: Funds for professional plan check services are available through plan review fees collected upon submittal of development projects. When an applicant requests expeditious review, a portion of the plan check fees collected in an amount equal to the consultant charges is deposited in a trust account and payment to the consultant is drawn from the trust account. Therefore, for the majority of services rendered, the Development Services Department budget will not be impacted. If the Department needs to use the plan check service on special projects or due to an influx of projects, as noted previously in "Background," funds are allocated in the Development Services Department budget in the Professional/Contractual Services Account No. 001-192-5502 ($10,000) Recommendation: Staff recommends that the Mayor and Common Council authorize the Purchasing Manager to issue Annual Purchase Orders totaling $92,000 in aggregate, to Berryman & Henigar, EsGiI Coporation, and WilIdan with provisions for two single year renewal options. c c c ~~W 7 ( u RESOLUTION NO. 1 2 3 4 5 6 7 8 9 dvantageous and best responsible proposals for provision of PROFESSIONAL PLAN CHECK 10 11 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING SERVICES GREEMENTS WITH BERRYMAN & HENIGAR, ESGIL CORPORATION, AND ILLDAN FOR PROVISION OF PROFESSIONAL PLAN CHECK SERVICES. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY F SAN BERNARDINO AS FOLLOWS: SECTION 1. BERRYMAN & HENIGAR, ESGIL CORPORATION, AND WILLDAN e firms competent, experienced and able to perform said services and have provided the most ERVICES, per Specification No. F-OI-02 for purchase order amounts totaling $92,000 in ggregate, with two single year renewal options. Pursuant to this determination, the Purchasing 12 13 lrms; but such award shall only be effective upon the issuance of a Purchase Order by the 14 anager is hereby authorized and directed to issue Purchase Orders for said services to said 15 urchasing Manager; and all other proposals are hereby rejected. 16 17 18 19 20 21 The Mayor is hereby uthorized and directed to execute said Agreements on behalf of the City; a copy of each greement is attached hereto (Exhibits A, B, and C) and incorporated herein. SECTION 2. The authorization to execute the above referenced Purchase Orders is escinded if they are not issued within sixty (60) days of the passage of this resolution. // // 22 23 // 24 25 26 27 28 ler q/5/Jddb - I - c ,...-- .,,- r \..... 1 RESOLUTION...APPROVlNG SERVICES AGREEMENTS WITH BERRYMAN HENIGAR. ESGIL CORPORATION, AND WILLDAN FOR PROVISION OF 2 ROFESSIONAL PLAN CHECK SERVICES. 3 4 5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and ommon Council of the City of San Bernardino at a meeting thereof, held 6 day of , 2000, by the following vote, to wit: AYES NAYS 7 ouncil Members: 8 9 10 11 12 13 14 15 ERSON C CAMMACK 16 17 18 19 20 21 Approved as to 22 form and legal content: 23 24 25 26 27 28 The foregoing resolution is hereby approved this JAMES F. PENMAN, City Attorney ./~ -2- ABSTAIN ABSENT City Clerk day of , 2000. Judith Valles, Mayor City of San Bernardino c c c SERVICES AGREEMENT THIS AGREEMENT is entered into this day of , 2000, between BERRYMAN & HENIGAR ("CONTRACTOR") and the CITY OF SAN BERNARDINO ("CITY)". WITNESSETH: A. WHEREAS, CITY has need for professional plan check services and, B. WHEREAS, CONTRACTOR is competent, experienced and able to perform said services: and, C. WHEREAS, CONTRACTOR has provided one of the most advantageous and best responsible proposals for the provision of such services; NOW THEREFORE, the parties hereto agree as follows: 1. CONTRACTOR shall furnish professional plan check services in accordance with Proposal Specification No. F-OI-02. 2. Over the term of this Agreement, CONTRACTOR shall be paid for such services an amount in accordance with Proposal Specification No. F-OI-02 and Offeror's Proposal and Statement on file in the Development Services Department. 3. CONTRACTOR shall provide the Development Services Department with a monthly invoice in arrears and shall be provided payment within thirty (30) days therefrom. CITY retains the right to challenge all or any part of an invoice. 4. The initial term of this Agreement shall be one (1) year from the date first shown above and is subject to termination by either party upon thirty (30) days written notice to the other. There may be two single year extensions. 5. CONTRACTOR shall indemnify, defend and hold CITY, its officers, employees and agents harmless from any claim, demand, .liability, suit, judgment or expense (including, without limitation, reasonable costs of defense) arising out of or related to CONTRACTOR's Services Agreement - Benyman & Henigar Page 2 of3 C performance of this agreement, except that such duty to indemnify, defend and hold harmless shall not apply where injury to person or property is caused by CITY's willful misconduct or sole negligence. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the City shall be considered as "attorney's fees" for the purposes of this paragraph. 6. While not restricting or limiting the foregoing, during the term of this Agreement, CONTRACTOR shall maintain in effect policies of comprehensive public, general, and automobile liability insurance, in the amount of $1,000,000 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the CITY's Risk Manager prior to undertaking any work under this Agreement. The policies shall name the CITY as an additional insured and shall provide for ten (10) day notification ---- \......, to the CITY if said policies are terminated or materially altered. 7. CONTRACTOR shall perform work tasks as directed by the City Building Official, but for all intents and purposes, CONTRACTOR shall be an independent contractor and not an agent or employee of the CITY. 8. In the performance of this Agreement and in the hiring and recruitment of employees, CONTRACTOR shall not discriminate on the basis of race, creed, color, religion, sex, physical handicap, ethnic background or country of origin. 9. Any notice to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: TO THE CITY: Joseph Lease Development & Inspection Svcs. Mgr. City of San Bernardino Development Services Department 300 North 'D' Street San Bernardino CA 92418 c Services Agreement - Benyman & Henigar Page 3 on ,.- , '- TO THE CONTRACTOR Berryman & Henigar 2001 East First Street Santa Ana, CA 92705-4020 (714) 568-7300 FAX (714) 836-5906 Nothing in this paragraph shall be construed to prevent the giving of notice by personal service. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above shown. Date: by: Berryman & Henigar r- Signature L CITY OF SAN BERNARDINO Date: by: Judith Valles Mayor City of San Bernardino ATTEST: Rachel Clark, City Clerk Approved as to form and legal content: /~ L James F. Penman City Attorney Byr 1/"-- c c c SERVICES AGREEMENT THIS AGREEMENT is entered into this _ day of ESGIL CORPORATION ("CONTRACTOR") and the CITY ("CITY)" . , 2000, between OF SAN BERNARDINO WITNESSETH: A. WHEREAS, CITY has need for professional plan check services and, B. WHEREAS, CONTRACTOR is competent, experienced and able to perform said services: and, C. WHEREAS, CONTRACTOR has provided one of the most advantageous and best. responsible proposals for the provision of such services; NOW THEREFORE, the parties hereto agree as follows: 1. CONTRACTOR shall furnish professional plan check services in accordance with Proposal Specification No. F-OI-02. 2. Over the term of this Agreement, CONTRACTOR shall be paid for such services an amount in accordance with Proposal Specification No. F-OI-02 and Offeror's Proposal and Statement on file in the Development Services Department. 3. CONTRACTOR shall provide the Development Services Department with a monthly invoice in arrears and shall be provided payment within thirty (30) days therefrom. CITY retains the right to challenge all or any part of an invoice. 4. The initial term of this Agreement shall be one (1) year from the date first shown above and is subject to termination by either party upon thirty (30) days written notice to the other. There may be two single year extensions. 5. CONTRACTOR shall indemnify, defend and hold CITY, its officers, employees and agents harmless from any claim, demand, liability, suit, judgment or expense (including, without limitation, reasonable costs of defense) arising out of or related to CONTRACTOR's Services Agreement - EsGil CoIpOIation Page 2 on ".-. \...,.., performance ofthis agreement, except that such duty to indemnify, defend and hold harmless shall not apply where injury to person or property is caused by CITY's willful misconduct or sole negligence. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the City shall be considered as "attorney's fees" for the purposes of this paragraph. 6. While not restricting or limiting the foregoing, during the term of this Agreement, CONTRACTOR shall maintain in effect policies of comprehensive public, general, and automobile liability insurance, in the amount of $1,000,000 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the CITY's Risk Manager prior to undertaking any work under this Agreement. The policies shall name the CITY as an additional insured and shall provide for ten (10) day notification - \....,. to the CITY if said policies are terminated or materially altered. 7. CONTRACTOR shall perform work tasks as directed by the City Building Official, but for all intents and purposes, CONTRACTOR shall be an independent contractor and not an agent or employee of the CITY. 8. In the performance of this Agreement and in the hiring and recruitment of employees, CONTRACTOR shall not discriminate on the basis of race, creed, color, religion, sex, physical handicap, ethnic background or country of origin. 9. Any notice to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: TO THE CITY: Joseph Lease Development & Inspection Svcs. Mgr. City of San Bernardino Development Services Department 300 North 'D' Street San Bernardino CA 92418 c c c Services Agreement - EsGil Corporation Page 3 of3 TO THE CONTRACTOR EsGiI Corporation , 9320 Chesapeake Drive, Ste. 208 San Diego, CA 92123 (858) 560-1468 FAX (858) 560-1576 Nothing in this paragraph shall be construed to prevent the giving of notice by personal service. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above shown. Rachel Clark, City Clerk Approved as to form and legal content: James F. Penman City Attorney c c c SERVICES AGREEMENT THIS AGREEMENT is entered into this _ day of , 2000, between WILLDAN ("CONTRACTOR") and the CITY OF SAN BERNARDINO ("CITY)". WITNESSETH: A. WHEREAS, CITY has need for professional plan check services and, B. WHEREAS, CONTRACTOR is competent, experienced and able. to perform said services: and, C. WHEREAS, CONTRACTOR has provided one of the most advantageous and best responsible proposals for the provision of such services; NOW THEREFORE, the parties hereto agree as follows: 1. CONTRACTOR shall furnish professional plan check services in accordance with Proposal Specification No. F-OI-02. 2. Over the term of this Agreement, CONTRACTOR shall be paid for such services an amount in accordance with Proposal Specification No. F-OI-02 and Offeror's Proposal and Statement on file in the Development Services Department. 3. CONTRACTOR shall provide the Development Services Department with a monthly invoice in arrears and shall be provided payment within thirty (30) days therefrom. CITY retains the right to challenge all or any part of an invoice. 4. The initial term of this Agreement shall be one (1) year from the date first shown above and is subject to termination by either party upon thirty (30) days written notice to the other. There may be two single year extensions. 5. CONTRACTOR shall indemnify, defend and hold CITY, its officers, employees and agents harmless from any claim, demand, liability, suit, judgment or expense (including, without limitation, reasonable costs of defense) arising out of or related to CONTRACTOR's performance'ofthis agreement, except that such duty to indemnify, defend and hold harmless Services Agreement - Willdan Page 2 on ,- L shall not apply where injury to person or property is caused by CITY's willful misconduct or sole negligence. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the City shall be considered as "attorney's fees" for the purposes of this paragraph. 6. While not restricting or limiting the foregoing, during the term of this Agreement, . CONTRACTOR shall maintain in effect policies of comprehensive public, general, and automobile liability insurance, in the amount of $1,000,000 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the CITY's Risk Manager prior to undertaking any work under this Agreement. The policies shall name the CITY as an additional insured and shall provide for ten (10) day notification to the CITY if said policies are terminated or materially altered. ,- \....... 7. CONTRACTOR shall perform work tasks as directed by the City Building Official, but for all intents and purposes, CONTRACTOR shall be an independent contractor and not an agent or employee of the CITY. 8. In the performance of this Agreement and in the hiring and recruitment of employees, CONTRACTOR shall not discriminate on the basis of race, creed, color, religion, sex, physical handicap, ethnic background or country of origin. 9. Any notice to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: TO THE CITY: Joseph Lease Development & Inspection Svcs. Mgr. City of San Bernardino Development Services Department 300 North 'D' Street San Bernardino CA 92418 r "-" c c c Services Agreement - Willdan Page 3 00 . TO THE CONTRACTOR WiIldan 650 Hospitality Lane San Bernardino, CA 92408 (909) 386-0200 FAX (909) 888-5107 Nothing in this paragraph shall be construed to prevent the giving of notice by personal service. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above shown. Date: Date: ATTEST: Rachel Clark, City Clerk Approved as to form and legal content: James F. Penman City ttorney by: WiIldan Signature CITY OF SAN BERNARDINO by: Judith Valles Mayor City of San Bernardino September 12,2000 Berryman & Henigar 2001 East First Street Santa Ana, CA 92705-4020 Dear Sir, At the Mayor and Common Council meeting of September 5, 2000, the City of San Bernardino adopted Resolution 2000-263 - Resolution approving services agreements with Berryman & Henigar, EsGi/ Corporation, and Wi/ldan for Professional Plan Check Services. Enclosed is one certified copy of Resolution 2000-263 and one (1) original agreement. Please sign in the appropriate locations and return the original agreement to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318, San Bernardino, CA 92402, as soon as possible. Please retain a copy of the executed agreementfor your files. Please be advised that the resolution and agreement will be null and void if not executed by November 3, 2000, If you have any questions, please do not hesitate to contact me at (909)384-5002. Sincerely, Michelle Taylor Senior Secretary Septernberl2,2000 EsGiJ Corporation 9320 Chesapeake Drive, Suite 208 San Diego, CA 92123 Dear Sir, At the Mayor and Common Council meeting of September 5, 2000, the City of San Bernardino adopted Resolution 2000-263 - Resolution approving services agreements with Berryman & Henigar, EsGil Corporation, and Willdanfor Professional Plan Check Services. Enclosed is one certified copy of Resolution 2000-263 and one (1) original agreement. Please sign in the appropriate locations and return the original agreement to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318, San Bernardino, CA 92402, as soon as possible. Please retain a copy of the executed agreementfor your files. Please be advised that the resolution and agreement will be null and void if not executed by November 3, 2000. If you have any questions, please do not hesitate to contact me at (909)384-5002. Sincerely, Michelle Taylor Senior Secretary October 18,2000 WilIdan 650 Hospitality Lane San Bernardino, CA 92408 Dear Sir, At the Mayor and Common Council meeting of September 5, 2000, the City of San Bernardino adopted Resolution 2000-263 - Resolution approving services agreements with Berryman & Henigar, EsGi/ Corporation, and Wi/ldan for Professional Plan Check Services. On September 12,2000, an original agreement requiring signatures was mailed to you. Please return the signed agreement to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318, San Bernardino, CA 92402, as soon as possible. Please be advised that the resolution and agreement will be null and void if not executed by November 3, 2000. Thank you, Michelle Taylor Senior Secretary September 12,2000 WiIldan 650 Hospitality Lane San Bernardino, CA 92408 Dear Sir, At the Mayor and Common Council meeting of September 5, 2000, the City of San Bernardino adopted Resolution 2000-263 - Resolution approving services agreements with Berryman & Henigar, EsGil Corporation, and Willdanfor Professional Plan Check Services. Enclosed is one certified copy of Resolution 2000-263 and one (1) original agreement. Please sign in the appropriate locations and return the original agreement to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318, San Bernardino, CA 92402, as soon as possible. Please retain a copy of the executed agreement for your jiles. Please be advised that the resolution and agreement will be null and void if not executed by November 3, 2000. If you have any questions, please do not hesitate to contact me at (909)384-5002. Sincerely, Michelle Taylor Senior Secretary -' , ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): q -5 --c::() Item # I S Vote: Ayes '2.-'\ Nays e. Change to motion to amend original documents: Resolution # 2cm - ?Jo."'<., Abstain -A Absent _I Reso. # On Attachments: / Contract tenn: - NullNoid After: f0/:)v;3 I 7iDO Date Sent to Mayor: <1- 6~ 00 Date Returned from Mayor: Date of Clerk's Signature: G(-\ \...00 Reso. Log Updated: q-'6-aJ / Date of Mayor's Signature: Gl-k-QO Seal Impressed: V Date Memo Sent to Department for Signature: - See Attached: -=- Date Returned: - D\(.Letter Sent to Outside Party for Signature: q-I;l-ct:::> 60 Day Reminder Letter Sent on 30th day: 10 - i~-cf:) 90 Day Reminder Letter Sent on 45th day: See Attached: ,/' Date Returned: /0-;;;500 See Attached: ,,/ \)l, U-{),...., onl See Attached: Note on Resolution of Attachment stored separately: -=-- Direct City Clerk (circle I): PUBLISH, POST, RECORD W/COUNTY Date: See Attached: - Yes ./ No By Yes No ~ By Yes No ~ By Yes No ---L- By Yes No ,/ By Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): Copies Distributed to: City Attorney / Code Compliance Dev. Services vEDA Finance V MIS Parks & Rec. Police Public Services Water Others: Notes: ~i>V) (;:)(~ cd 1t:S -m IR.J ~&""c.:.e;g l,.;,tteJ \Q.1tJ.~ BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.) Ready to File: ~ Date: \O-JS-()O