HomeMy WebLinkAbout1979-365 1 RESOLUTION NO . 79 ~~.J l
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
''..EXECUTION OF AN AGREEMENT WITH OLEFF M. HAMBLEN RELATING TO CON-
3 ~SULTING SERVICES FOR THE "SAN BERNARDINO CENTER FOR INDIVIDUALS
WITH DISABILITIES AND NORTH NORTON PARK",
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
5 jOF SAN BERNARDINO AS FOLLOWS:
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6 I SECTION 1. The Mayor of the City of San Bernardino is
7 (hereby authorized and directed to execute on behalf of said City
8 an Agreement with Oleff M. Hamblen relating to consulting servicesi,
9 for the "San Bernardino Center for Individuals with Disabilities
10 land North Norton Park; a copy of which is attached hereto,
II (marked Exhibit "A" and incorporated herein by reference as I
t2 lfully as though set forth at length.
13 I HEREBY CERTIFY that the fore oin resolution was dul ~
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t4 adopted by the Mayor and Common Council of the City of San i
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IS Bernardino at a,M c~~'~
qr/~jj~ meeting thereof, held i
t6 on the day of 1979, by the following it
17 vote, to wit: / ~
t8 AYES: Councilmen ~od~~od~/. ~_~~oe~s, ~~_n_¢n~
20 NAYS : ~~9p~
21 ABSENT : ~~i fm~->~~~j
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23 ~ity'Clerk ~fi
24 The foregoing resolution is hereby approved this ay
25 Io f , 1979.
26 l
a r e o an Be ino
27 iApproved as to form:
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ty At rney
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t A G R E E M E N T
(Construction Inspection Services)
3 ~i THIS AGREEMENT is made and entered into this c~1~7_ day ofl
q ~~~-[z;,,._O~.v,U , 1979, by and between the CITY OF SAN BERNARDINO,
9 'a municipal corporation, referred to as "City", and OLEFF M, li
6 HAMBLEN, an individual, referred to as "Consultant". I
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7 I In consideration of the agreements, covenants, conditions,
8 promises and legal detriments contained in this agreement, the
9 parties agree as follows:
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Ij 10 1. Recitals.
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tl I (a) City and the County of San Bernardino are plan-
t2 ning to construct the "San Bernardino Center for Individuals with
' ~3 Disabilities and North Norton Park", referred to as "Project".
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iq (b) City has been designated as Lead Agency, with
15 the responsibility of providing contract administration and
l6 construction inspection for Project.
17 (c) A portion of Project will be located on property
t8 owned by the San Bernardino City Unified School District. Con-
t9 struction of this portion must be done in accordance with the
20 requirements of the Office of the State Architect.
21 (d) The Office of the State Architect will require
22 that a Construction Inspector, certified by the State of
23 California, be assigned to the Project on a full-time basis.
24 (e) City desires to employ Consultant to furnish
25 construction inspection services for Project.
26 (f) Consultant warrants that he is qualified, that
27 he is certified by the State of California as a Construction
2g Inspector, and that he is willing to furnish construction inspecti n
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1 I services for the duration of Project.
2 2. Duties of City. City shall:
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g (a) Provide a resident engineer, from permanent
a 'i staff, to supervise and direct Consultant in the furnishing of
5 construction inspection services for Project.
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6 (b) Provide an office engineer, from permanent
~ staff, to process the items associated with Project, such as
8 monthly requests from the Contractor, payrolls, affirmative
9 ~ action reports, etc.
10 I' 3. Duties of Consultant. Consultant shall:
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(a) Personally observe major activities by Con-
12 tractor that require inspection.
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13 (b) Coordinate testing of construction materials I
14 with testing laboratory designated by City.
15 (c) Review test reports and verify compliance with
t6 Plans and specifications.
l7 (d) Review and approve monthly 'pay requests from
l8 I Contractor.
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19 (e) Secure and maintain, throughout the term of this
20 agreement, and provide certificates of insurance for, the follow-
21 ing insurance coverages:
22 (1) Automobile public liability and property 1
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23 damage, with minimum personal injury limits of $50,000 per person j
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24 and $100,000 per occurrence, respectively, with the City names as
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25 an additional insured. ,
26 4. Payment by City. City shall pay Consultant the sum
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t of $1,900.00 per month for the duration of the Project.
2 Consultant shall maintain and keep adequate books and
3 records on a current basis recording all time expended by him in
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q a form satisfactory to City and in accordance with generally i
5 accepted accounting principles. Said books and records and all i
6 jsupporting details shall be made available to City for purposes
~ of audit at all reasonable times and places. All such books and
g irecords shall be maintained by Consultant for such periods of
q time as required by law; provided that notwithstanding any
l0 (shorter legally required periods of retention, all books, records
~t and supporting details shall be maintained for a period of
l2 at least three (3) years after the completion of the work provided
' t3 for by this agreement.
14 Consultant shall bear all of his expenses he incurs
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l5 in performance of his duties hereunder, it being understood and
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l6 agreed by the parties hereto that Consultant has computed an
17 allowance for said expenses in his compensation rate provided
t8 hereinabove.
19 In the event it is necessary for Contractor to employ
20 assistants in order to accomplish his duties provided hereunder,
21 he shall do so at his own expense and bear the total cost thereof.
22 5. Term. This agreement shall be effective upon the
23 execution of this agreement and shall continue in effect during
2q the duration of Project, unless terminated as hereinafter pro-
29 vided.
26 6. Unilateral Termination. This agreement may be
27 terminated by either party by giving ten (10) days' written notice
28 to the other, and this agreement shall terminate forthwith ten
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t (10) days following the date said written notice is given. In
2 'the event this agreement is terminated for any reason whatsoever,
3 'Consultant shall receive compensation for all hours during which
q jhis services were provided prior to termination.
5 7. Amendment. This agreement may be amended or modified
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6 only by written agreements signed by both parties and failure on
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7 'the part of either party to enforce any provision of this agree-
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g ment shall not be construed as a waiver of the right to compel
q ,enforcement of such provision or provisions, nor act to release
i0 lany surety from its obligations under this agreement.
I 8. Assignment. This agreement shall not be assigned by
t2 ;Consultant without the prior written consent of City.
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13 9. Notices. All notices herein required shall be in
t4 writing, and delivered in person or sent by certified mail,
IS ipostage prepaid, addressed as follows:
t6 City of San Bernardino Mr. Oleff M. Hamblen
c/o Director of Public Works 3011 Genevieve Street ~
17 I 300 North "D" Street San Bernardino, CA 92405
~ San Bernardino, CA 92418
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l9 10. Relationship of Parties. It is understood that the
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20 contractual relationship of the Consultant to the City is that
21 of independent contractor.
22 11. Hold-Harmless Agreement. Consultant hereby agrees to,!
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23 land shall, hold City, its elective and appointive boards,
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24 commissions, officers, agents and employees, harmless from any
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25 (liability for damage or claims for damage for personal injury,
26 (including death, as well as from claims for property damage which
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27 may arise from Consultant's operations under this agreement. I
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28 Consultant agrees to, and shall, defend City and its elective
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1 and appointive boards, commissions, officers, agents and employees'
2 from any suits or actions at law or in equity for damages caused
3 for alleged to have been caused by reason of Consultant's perform- 'i
4 fiance hereunder including any claims that may arise against City
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5 by reason of Consultant's relationships with City being legally
6 categorized as other than an independent contractor relationship.
~ IN WITNESS WHEREOF, the parties hereto have executed this
g agreement on the date first hereinabove written.
q CITY OF SAN BERNARDINO
' ATTEST:
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1]
~ ~5~~ r
12 ity Clerk
13 CONSULTANT
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BY ~ ~1~ ~~~~u-~~C II
15 a M. Ha en
t6 Approved as to form: I',
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18 City At orney ~ li
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