HomeMy WebLinkAboutContracts & Agreements_43-1999_CCv0001.pdf AGREEMENT FOR
CONSTRUCTION INSPECTION &' MANAGEMENT SERVICES FOR
JUDSON STREET AND PIONEER AVENUE WATER TRANSMISSION MAIN
This Agreement is made and entered into this 4th day of May, 1999 by and between the City of
Redlands, a municipal corporation (hereinafter "City") and. Inspection Consultants {hereinafter
"Resident Inspector"};
In consideration of the mutual promises, covenants and;conditions hereinafter set forth, City and
Resident Inspector hereby agree as follows;
ARTICLE 1 - ENGAGEMENT OF RESIDENT INSPECMR
1.1 The Resident Inspector and the City agree that the Resident Inspector is an independent
contractor with respect to the services provided pursuant to this Agreement. Nothing in
this Agreement shall be considered to create the relationship of employer and employee
between the parties.
1.2 City hereby engages Resident Inspector, and Resident Inspector hereby accepts the
engagement, to perforin professional construction inspection and management services
("Services") for the Judson Street and Pioneer Avenue Water Transmission Main (the'
"Project"),
1.3 The Services shall be performed by Resident'Inspector in a professional manner, and
Resident Inspector represents that it has the skill and the professional expertise necessary
to provide high duality Services for the Project at the level of competency presently
maintained by other practicing professional construction Inspectors and Managers in the
industry providing similar types of services.
1.4 Upon execution of this agreement, the Resident Inspector will provide a proof o f business
license in the City of Redlands, and fill out and submit Form W-9 to the Citgo.
ARTICI E 2 - S RICESOP SILENT INSPECTCJR
.1The specific Services which Resident Inspector shall perform are more particularly
described in Attachment A entitled. "Scope of Services," which is attached hereto and:
incorporated herein by this reference.
ARTICLE— 3 - RESPONSIIII ITIES QE CIT'
3.1 City shall make available to Resident Inspector information in its possession that is
pertinent to the:performance of Resident Inspector's Services.
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JUDSON STREET AND PIONEER AVENUE WATER TRANSMISSION MAIN
Inspection Consultants
May 4, 1999
3.2 City will provide access to and make provisions for Resident Inspector to enter upon City-
owned property as required by Resident Inspector to perform the Services.
3.3 City designates Elias Elhazin, Project Manager to act as its representative with respect to
the Services to be performed under this Agreement.
ARTICLE 4 - PERIOD OF SERVICE
4.1 Resident Inspector shall perform the Services in a diligent manner and in accordance with
the schedule set forth in Attachment B.
ARTICLE 5 PAYMENTS TO THE RESIDENT INSPECTOR
5.1 The total compensation for Resident Inspector's performance of the Services shall be
$18,500, in accordance with Attachment C - Fee. City shall pay Resident Inspector on an
hourly basis at the hourly rate shown in Attachment D - Rate Schedule.
5.2 Resident Inspector shall bill City within ten days following the close of each month by
submitting an invoice indicating the Services performed, who performed the Services,
indirect costs, and the detailed cost of all Services including backup documentation.
Payments by City to Resident Inspector shall be made within 30 days after receipt and
approval of Resident Inspector's invoice, by warrant payable to Resident Inspector.
5.3 All contractual notices, bills and payments shall be made in writing and may be given by
personal delivery or by mail. Notices, bills and payments sent by mail shall be addressed
as follows:
Ci1y Resident Inspector
Elias Elhazin Richard E. McHardy
Municipal Utilities Department Inspection Consultants
35 Cajon Street P.O. Box 566
P.O. Box 3005 Mentone CA 92359-0566
Redlands CA 92373
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JUDSON STREET AND PIONEER AVENUE WATER TRANSMISSION MAIN
Inspection Consultants
May 4, 1999
When so addressed, such notices shall be deemed given upon deposit in the United States
Mail. In all other instances, notices, bill and payments shall be deemed given at the time
of actual delivery. Changes may be made in the names and addresses of the person to
whom notices, bills, and payments are to be given by giving notice pursuant to this
paragraph.
ARTICLE 6 - HOLD HARMLESS AND INDEMNIFICATION
6.1 The Resident Inspector shall indemnify, defend and hold harmless the City, its officers,
agents and employees, from and against any and all claims, losses or liability, including
attorney's fees, arising from injury or death to persons or damage to property occasioned
by any act, omission or failure of the Resident Inspector, its officer, agents and employees
in performing the work required by this Agreement.
ARTICLE.,7 - INSURANCE AND INDEMNIFICATION
7.1 The Resident Inspector shall be required to have business auto liability coverage, with
minimum limits of seven hundred fifty thousand dollars ($750,000) per occurrence,
combined single limit for bodily injury liability and property damage liability. This
coverage shall include all Resident Inspector owned vehicles used on the contract, hired
and non-owned vehicles, and employee non-ownership vehicles.
ARTICLE..8 - GENERAL CONSIDERATIONS
8.1 In the event any action is commenced to enforce or interpret any of the terms or conditions
of this Agreement the prevailing party shall, in addition to any costs and other relief, be
entitled to the recovery of its reasonable attorneys' fees.
8.2 Resident Inspector shall not assign any of the Services required by this Agreement, except
with the prior written approval of City and in strict compliance with the terms, provisions
and conditions of this Agreement.
8.3 Resident Inspector's key personnel for the Project is:
Project Inspector: Richard E. McHardy
JUDSON STREET AND PIONEER AVENUE WATER TRANSMISSION MAIN
Inspection Consultants
May 4, 1999
Resident Inspector agrees that the key personnel shall be made available and assigned to
the Project, and that he shall not be replaced without concurrence from City.
8.4 All documents, records, drawings, designs, costs estimates, electronic data files and
databases and other Project documents developed by the Resident Inspector pursuant to
this Agreement shall become the property of City and shall be delivered to City upon
completion of the Services or upon the request of City after payment in full all monies due
the Resident Inspector. Any reuse of such documents for other projects and any use of
incomplete documents will be at City's sole risk.
8.5 Unless earlier terminated, as provided for below, this Agreement shall terminate upon
completion and acceptance by City of the Services.
8.6 This Agreement may be terminated by either party, without cause, by providing thirty (30)
days prior written notice to the other (delivered by certified mail, return receipt requested)
of intent to terminate.
8.7 If this Agreement is terminated by City, an adjustment to Resident Inspector's
compensation shall be made, but (1) no amount shall be allowed for anticipated profit or
unperformed services, and (2) any payment due Resident Inspector at the time of
termination may be adjusted to the extent of any additional costs to City occasioned by any
default by Resident Inspector.
8.8 Upon receipt of a termination notice, Resident Inspector shall (1) promptly discontinue all
services affected, and(2) deliver or otherwise make available to City, copies (in both hard
copy and electronic form, where applicable), of any data, design calculations, drawings,
specifications, reports, estimates, summaries and such other information and materials as
may have been accumulated by Resident Inspector in performing the Services required by
this Agreement.
8.9 Resident Inspector shall maintain books and accounts of all Project related payroll costs
and all expenses. Such books shall be available at all reasonable times for examination by
the City at the office of Resident Inspector.
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JUDSON STREET AND PIONEER AVENUE NATER TRANSMISSION MAIN
Inspection Consultants
May 4, 1999
8.10 This Agreement, including the attachments incorporated herein by reference, represents
the entire agreement and understanding between the parties and any prior negotiations,
proposals or oral agreements are superseded by this Agreement. Any amendment to this
Agreement shall be in writing, approved by the City Council of City and signed by City
and Resident Inspector.
8.11 This Agreement shall be governed by and construed in accordance with the laws of the
State of California.
IN WITNESS WHEREOF, duly authorized representatives of the City and Resident Inspector
have signed in confirmation of this Agreement.
City of Redlands Inspection Consultants
("City"} ("Resident Inspector")
By: `b
By. WILL AM CUN GHA RICHARD E. McHARD
Mayor
ATTEST:
Cityle�kCty, elands
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CONST,RuC,TION INSPECTION&MANAGEMENT SERVICES FOR
JU SON STREET AND PIONEER ER AVE WATER TRANSMISSION
N
ATTACHMENT A
SCOPE OF SERVICES
The following is a scope of services for providing o tr ction Inspection& Management
Services for Judson Street and Pioneer Avenue Water Transmission Main Project in accordance
with the project schedule, fee, and rate schedule outlined in Attachments B, C, and. D,
respectively.
1. perform inspection on all phases of the Project to assure compliance with all applicable
codes and the Project construction plans, specifications, and documents=
2. Attend all job meetings between the construction contractor and the Municipal Utilities
Director or designated representative, pre-bid meeting, and status meetings.
3. Prepare and maintain written records, including a daily construction diary and As-Built
notations.
4. Review all extra work and change order requests and make recommendations to the
Municipal Utilities Director or designated representative.
.5. Coordinate all activities among the construction contractor, affected agencies, utility
companies, design engineer, and any other City-hired consultants.
. Review all requests for payment and approve quantities indicated:
7. Review all shop drawings and forward recommendations to the Municipal Utilities
Director or designated representative.
S. Review and respond to construction contractor's "Request for Information."
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CONSTRUCTION INSPECTION &MANAGEMENT SERVICES FOR
JUDSON STREET AND PIONEER AVENUE WATER TRANSMISSION MAIN
ATTACHMENT B
PROJECT SCHEDULE
The schedule for completion of the Judson Street and Pioneer Avenue Water Transmission Main
Project is August 13, 1999.
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CONSTRUCTION INSPECTION &MANAGEMENT SERVICES FOR
JUDSON STREET AND PIONEER AVENUE WATER TRANSMISSION MAIN'
ATTACHMENT C
FEE
The fee for providing Construction Inspection and Management Services to the City for Judson
Street and Pioneer Avenue Water Transmission Main Project is not to exceed $18,500 based on
hourly rate in accordance with Attachment D.
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CONSTRUCTION INSPECTION &MANAGEMENT SERVICES FOR
JUDSON STREET ANIS PIONEER AVENUE WATER TRANSMISSION M
AIN
ATTACHMENT D
RATESCHEDULE
The
rate schedule for providing Construction Inspection and Management Servicehoto the City for
Judson Street and Pioneer Avenue Vater Transmission Main Project is per
9
M' �++ J GATE(MM/DD/YY)
AC3Rl?ra E � i f IABILI Y I R r 7130(99
PRODUCER .- -....,. -. ..._ 619-238-1828 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ROBERT F. DRIVER COMPANY, INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
1620 FIFTH AVENUE ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
SAN DIEGO, CA 92101 COMPANIES AFFORDING COVERAGE
CORP. LIC. #0036861 COMPANY INVESTORS INS. CO. OF AM.
A
INSURED ---._ —....- — --- COMPANY -- -- -- — — � — --
Hemet Manufacturing CO., Inc. g FIDELITY & GUARANTY INS CO
---------- --- ... - ------ -- -- ------- ----- ._
dba: Genesis Construction COMPANY
P.O. Box 7067 ROYAL INS. CO.
Hemet CA 92545 # COMPANY
D
t3�A ES.
_ _
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
COj TYPE OF INSURANCE POLICY NUMBER '` POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR ; DATE(MM(DD1YY) I DATE(MM/DD/YY)
A j GENERAL LIABILITY 99GLP1003584 7/31/99 � 7/31/00 GENERAL AGGREGATE ' s 2000000
COMMERCIAL GENERAL LIABILITY I j PRODUCTS-COMP/OP AGO ! $ 1000000
—,
-j CLAIMS MADE X S OCCUR ( ' j PERSONAL&ADV INJURY $ 1000000
OWNER'S&CONTRACTOR'S PROT ( EACH OCCURRENCE _1$_10 0 00 00
FIREDAMAGE(Any one fire) $ 50000
MED EXP(Any one person) s 5000
B (,AU TOMOBILE LIABILITY BFA360485 7/31/99 7/31/00 COMBINED SINGLE LIMIT S
XI ANY AUTO 1000000
j ALL OWNED AUTOS
BODILY INJURY
/Per person) $
i SCHEDULED AUTOS I
[v HIRED AUTOS ' i BODILY INJURY
yi (Per accident) $
X NON-OWNED AUTOS —
1--- j PROPERTY DAMAGE $
IGARAGE LIABILITY ( AUTO ONLY-EA ACCIDENT $
( 7
--
s ANY AUTO - OTHER THAN AUTO ONLY:
EACH ACCIDENT j $
i
I AGGREGATE t II
C EXCESS LIABILITY PHN203001 1 7/31/99 1 7/31/00 EACH OCCURRENCE s 7000000
X
j UMBRELLA FORM i � AGGREGATE ! $ 7000000
I
OTHER THAN UMBRELLA FORM ' ! $
' i IVC STATU - 1 OTH
WORKERS COMPENSATION AND €R
EMPLOYERS'LIABILITY _
EL EACH ACCIDENT $
THE PROPRiETORf !
INCL I j EL DISEASE-POLICY LIMIT $
PARTNERS/EXECUTIVE I --
OFF€GFRs ARE: EXCL' , DISEASE-EA EMPLOYEE $
OTHER
( I
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESISPECIAL ITEMS
RE: JUDSON ST& PIONEER AVE WATER TRANSMISSION MAINS PROJECT##4-9916
CONTRACT $273,739.00 60 C-DAYS CERTIFICATE HOLDER IS NAMED AS
ADDITIONAL INSURED WITH RESPECTS TO ABOVE PER THE ATTACHED ENDORSEMENT
10 DAYS NOTICE FOR NON-PAYMENT
. -TFT ATE DE :... AO: C
- .. ,. ..., SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
CITY OF REDLANDS EXPIRATION DATE THEREOF, THE ISSUING, COMPANY WILL #AllMAIL
ATTN: ELIAS ELHAZIN 45 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
35 CAJON ST., STE. 15A
REDLANDS, CA 92373
AUTHORIZED REPRESENTATIVE , 4
...........
. .............
S;#'19v7': >> t�tGt3iI CQI�c3IA1It3N ts6
CL 690
q (10-93)
POLICY NUMBER: 99GLP1003584
NAMED INSURED: HEMET MANUFACTURING CO. , INC.
DBA: GENESIS CONSTRUCTION
ENDORSEMENT EFFECTIVE : 7-31-99
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 20 10 10 93
ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization:
SEE ATTACHED CERTIFICATE
PER SCHEDULE ON FILE WITH THE CARRIER
(If no entry appears above, information required to complete this
endorsement will be shown in the Declarations as applicable to this
endorsement. )
WHO IS INSURED (Section II) is amended to include as an insured the
person or organization shown in the Schedule, but only with respect to
liability arising out of your ongoing operations performed for that
insured.
PRIMARY INSURANCE CLAUSE-It is agreed that such insurance as is
afforded by this policy for the benefit of the Additional Insured
shown shall be primary insurance, and any other insurance maintained
by the Additional Insured (s) shall be excess and non-contributory, but
only as respects any claim, loss or liability arising out of the
operations of the Named Insured(s) or its sub-contractors, and only if
such claim, loss or liability is determined to be solely the
negligence or responsibility of the Named Insured.
WAIVER OF SUBROGATION-It is hereby understood and agreed that
underwriters waive all rights of subrogation against any person or
organization as required by written contract but only in respect of
work carried out by or on behalf of the named insured(s) under
written contract executed before loss requiring the named insured to
obtain this agreement from underwriters .
AGGREGATE LIMITS OF INSURANCE (PER PROJECT) -The general aggregate
limit under Limits of Insurance (Section III) applies separately to
each of your projects away from premises owned by or rented to you.
COUNTERSIGNED BY:
(AUT ORIZED REPRESENTATIVE)