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. CITY OF SAN BERfORDINO - REQUEST N:;'R lC-OUNCI~CTION
From:
P. EC'O. - AOIJ.INStitijti:t:
Authorization to Execute Agree-
ment for Inspection Services -
Interceptor Sewer in Muscoy per
Plan No. 7648 Lloyd Weverka
ROGER G. HARDGRAVE
Dept:
Public works/EngineeriJlflj9 JUL 3! ~ 3: 59
Date: 7-28-89
Synopsis of Previous Council action:
June, 1986 Allocation of $379,800 for Phase VII, and $410,000
for Cajon Boulevard approved.
Allocation of $360,100 for Phase VII approved.
Allocation of $327,400 for Phase VIII approved.
Finding made of need for health & safety reasons.
Plans approved and authorization granted to advertise
for bids.
Negative Declaration adopted and finding made of
consistency with Interim Policy Document
Resolution No. 89-198 adopted awarding a contract to
perlich & Sons for the low bid price of
$1,097,534.00.
June, 1987
June, 1988
12-19-88
02-20-89
05-15-89
06-19-89
Recommended motion:
cc: Marshall Julian
Jim Richardson
Jim Penman
Andy Green
Adopt resolution.
Contact person:
Phone:
5125
Supporting data attached:
FUNDING REQUIREMENTS:
Gene R. Klatt
Staff Report, Resolution,
Agreement
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Ward:
Amount: $12.500 lEst. I
Source: (Acct, No,) 245-365-57729
Acct. Oescri tion
from
California St., Porter Street to Cajon Blvd.,
Devil's Canyon Channel
Council Notes:
Finance:
75-0262
Agenda Item No,
5:3
'CITY OF SAN BER'ORDINO - REQUEST C))R COUNCIL ACTION
STAFF REPORT
On June 19, 1989, a contract was awarded for the
construction of an intercepting sewer in the Muscoy area of the
community. Total project cost is currently estimated to be $1.3
million dollars. Inspection is required for this project. Due
to a vacant position in the construction inspection ranks and
increased work loads on the section from the development
community, staff is not able to provide the necessary
construction inspection.
The section contacted four firms and/or individuals that
provide contract inspection for public agencies. Inspection is
provided on a per hour cost basis and ranged between $35.00 per
hour to $70.00 per hour for the four firms.
The low proposal is for $35.00 per hour for inspection
services on this project for the duration of the contract.
Support and direction will be provided by existing City staff.
Attached is an agreement for inspection services to be
provided by Lloyd Weverka. Mr. Weverka has extensive experience
in the construction industry and is well qualified to provide
these services.
Funds have been allocated in Account No. 245-365-57729,
Work Order No. 185l, in an amount of $59,700 to provide design
and inspection.
Staff recommends the adoption of the resolution for
inspection services for this project.
URGENCY CLAUSE:
The Notice to Proceed has been issued and the official start date
was July 26, 1989. The Contractor is working and inspection is
being provided only by rotating existing staff to the site on an
irregular basis. Full time staff is needed to insure compliance
with the project specifications and to avoid delay in the overall
project.
7-28-89
75-0264
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH LLOYD WEVERKA RELATING TO THE PRO-
VISION OF CONSTRUCTION INSPECTION SERVICES FOR THE INTERCEPTOR
SEWERS IN THE MUSCOY AREA.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is
hereby authorized and directed to execute, on behalf of said
City, an agreement with Lloyd Weverka, relating to the provision
of construction inspection services for Interceptor Sewers in the
10 Muscoy Area, a copy of said agreement is attached hereto, marked
11 Exhibit" A" and incorporated herein by reference as fully as
12 though set forth at length.
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SECTION 2.
The agreement shall not take effect until
14 fully signed and executed by both parties. The City shall not be
15 obligated hereunder unless and until the agreement is fully
16 executed and no oral agreement relating thereto shall be implied
17 or authorized.
18 SECTION 3. This resolution is rescinded if the parties
19 to the agreement fail to execute it within sixty (60) days of the
20 passage of this resolution.
21 I HEREBY CERTIFY that the foregoing resolution was duly
22 adopted by the Mayor and Common Council of the City of San
23 Bernardino at a meeting thereof, held on the
24 ____ day of , 1989, by the following vote, to-
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7/28/89 28 / / / /
7/28/89
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RELATING TO CONSTRUCTION INSP~CTION SERVICES FOR THE
MUSe() AREA INTERCEPTOR SEWERS .I,..l
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Council Members
AYES:
NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
day of
, 1989.
w. R. Holcomb, Mayor
City of San Bernardino
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Approved as to form
and legal content:
James F. Penman
City Attorney
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By ~ J~
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1
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RAR
AGREEMENT FOR PROFESSIONAL SERVICES
BERNARDINO,
hereinafter
P.E.
This AGREEMENT is made and entered into this day of
, 1989, by and between the CITY OF SAN
a municipal corporation of the State of California,
referred to as the "CITY," and Lloyd J. Weverka,
hereinafter referred to as "INSPECTOR."
WITNESSETH
WHEREAS, CITY desires to obtain inspection services for
the installation of an interceptor sewer per plan No. 7648 in
Macy and California Streets; and
WHEREAS, it is necessary to retain the services of a
qualified INSPECTOR; and
WHEREAS, INSPECTOR is qualified to provide said services;
and
WHEREAS, San
engage the services of
hereinafter set forth.
Bernardino City Council has elected to
INSPECTOR upon the terms and conditions as
NOW, THEREFORE, it is mutually agreed, as follows:
1. SCOPE OF SERVICES
INSPECTOR shall perform inspection services for the
construction of interceptor sewers in the Muscoy Area, per Plan
No. 7648.
2. TERM OF AGREEMENT
after
shall
unless
The services of INSPECTOR are to commence immediately
the CITY has authorized work to start. This Agreement
expire upon completion and acceptance of the project,
extended by written agreement of the parties.
3. STANDARD OF PERFORMANCE
INSPECTOR shall perform all work product in conformance
with City of San Bernardino's Standard Drawings, project specifi-
cations and referenced specifications.
4. COMPENSATION
A. The CITY shall compensate the INSPECTOR for costs
(including labor costs, employee benefits, overhead, profit,
other direct and indirect costs) incurred by the INSPECTOR in
performance of the work, in an amount not to exceed $35.00 per
hour. and not to exceed a total amount of $15,000.
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B. The INSPECTOR is required to comply with all Federal,
State and local laws and ordinances applicable to the work. The
INSPECTOR is required to comply with prevailing wage rates in
accordance with California Labor Code Section l775.
5. PAYMENT BY CITY
A. The billings for all services rendered pursuant to
this Agreement shall be submitted monthly by INSPECTOR to CITY
and'shall be paid by CITY within twenty (20) days after receipt
of same, excepting any amounts disputed by CITY. Dispute over
any invoiced amount shall be noticed to the INSPECTOR within ten
(10) days of billing and a meet and confer meeting for purposes
of resolution of such dispute shall be initiated by the CITY
within ten (10) days of notice of such dispute. Interest of 1-
1/2 percent per month (but not exceeding the maximum rate
allowable by law) will be payable on any amounts not in dispute
and not paid within thirty (30) days of the billing date, payment
thereafter to be applied first to accrued interest and then to
the principal unpaid amount. On disputed amounts, interest shall
accrue from thirty (30) days of the invoice date if the amount in
dispute is resolved in favor of the INSPECTOR.
B. Should litigation be necessary to enforce any term or
prov~s~on of this Agreement, or to collect any portion of the
amount payable under this Agreement, then all litigation and
collection expenses, witness fees, and court costs, and
attorney's fees shall be paid to the prevailing party.
6. SUPERVISION AND ACCEPTANCE OF SERVICES
A. The Director of Public Works of CITY, or his
designee, shall have the right of general supervision over all
work performed by INSPECTOR and shall be CITY'S agent with
respect to obtaining INSPECTOR'S compliance hereunder. No
payment for any services rendered under this Agreement shall be
made without prior approval of the Director of Public Works or
his designee.
7. COMPLIANCE WITH CIVIL RIGHTS LAWS
INSPECTOR hereby certifies that he will not discriminate
against any employee or applicant for employment because of race,
color, religion, sex, marital status or national origin.
INSPECTOR shall promote affirmative action in his hiring
practices and employee policies for minorities and other
designated classes in accordance with federal, state and local
laws. Such action shall include, but not be limited to, the
following: recruitment and recruitment advertising, employment,
upgrading, and promotion. In addition, INSPECTOR shall not
exclude from participation under this Agreement any employee or
applicant for employment on the basis of age, handicap or
religion in compliance with State and Federal laws.
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8. TERMINATION OF AGREEMENT
A. This agreement may be terminated by either party upon
thirty (30) days' written notice in the event of substantial
failure of the other party to perform in accordance with the
terms of this Agreement. Each party shall have twenty (20) days
following date of such notice wi thin which to correct the sub-
stantial failure giving rise to such notice. In the event of
termination of this Agreement, CITY shall within thirty (30) days
pay INSPECTOR for all the fees, charges and services performed to
CITY I S satisfaction by INSPECTOR, which finding of satisfaction
shall not be unreasonably withheld. INSPECTOR hereby covenants
and agrees that upon termination of this Agreement for any
reason, INSPECTOR will preserve and make immediately available to
City, or its designated representatives, maps, notes,
correspondence, or records related to work paid for by the CITY
and required for its timely completion, and to fully cooperate
with CITY so that the work to be accomplished under this
Agreement may continue. Any subsequent use of such incomplete
documents shall be the sole risk of the CITY and the CITY agrees
to hold harmless and indemnify INSPECTOR from any claims, losses,
costs, including Attorney's fees, and liability arising out of
such use. INSPECTOR shall be compensated for such services in
accordance with Section "4."
B. This agreement may be terminated for the convenience
of the CITY upon thirty (30) days written notice to INSPECTOR.
Upon such notice, INSPECTOR shall provide work product to CITY
and CITY shall compensate INSPECTOR in the manner set forth
above.
C. Following the effective date of termination of this
Agreement pursuant to this section, the Agreement shall continue
until all obligations arising from such termination are
satisfied.
9. CONTINGENCIES
In the event that, due to causes beyond the control of
and without the fault or negligence of INSPECTOR, INSPECTOR fails
to meet any of its obligations under this Agreement, and such
failure shall not constitute a default in performance, and the
City may grant to INSPECTOR such extensions of time and make
other arrangements or additions, excepting any increase in
payment, as may be reasonable under the circumstances.
10. INDEPENDENT CONTRACTOR
INSPECTOR shall act as an independent contractor, and not
as an employee of the CITY. In the performance of personal
services pursuant to the provisions of this agreement, INSPECTOR
shall not be supervised, directed, or under the control or
authority of any CITY officer or employee, except and to the
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extent as may e expressly or imPlicitly'?eqUired by the terms
and provisions of this agreement. Any direction or control so
required under this agreement shall be limited to broad
objectives or goals of the project or program to be accomplished
and not to the details and procedures to accomplish such
objectives or goals. INSPECTOR shall not be obligated to conform
to the supervision or direction of CITY officers or employees
which are not authorized herein. Changes or modifications of
said objectives and goals may be made by written recommendations
of either party subject to the concurrence of the other party in
writing.
11. ASSIGNMENT OR SUBCONTRACTING
Neither this Agreement, nor any portion thereof, may be
assigned by INSPECTOR without the written consent of City. Any
attempt by INSPECTOR to assign or subcontract any performance of
this Agreement without the written consent of the CITY shall be
null and void and shall constitute a breach of this agreement.
12. NOTICES
All official notices relative to this Agreement shall be
in writing and addressed to the following representatives of
INSPECTOR and CITY:
INSPECTOR
CITY
Lloyd S. Weverka, P.E.
783 Oak Glade Drive
Monrovia, CA 91016
Mr. Roger G. Hardgrave
Director of Public Works/
City Engineer
300 North "D" Street
San Bernardino, CA 92418
13. RESPONSIBILITIES OF PARTIES
A. The INSPECTOR may reasonably rely upon the accuracy
of data provided through the City or its agents without
independent evaluation.
14. COVENANT AGAINST CONTINGENT FEE
INSPECTOR warrants that no person or selling agency has
been employed or retained to solicitor secure this agreement
upon an agreement or understanding for a commission, percentage,
brokerage, or contingent fee, excepting bona fide employees or
bona fide established commercial or selling agencies maintained
by the INSPECTOR for the purpose of securing business. For
breach or violation of this warranty, CITY shall have the right
to terminate this Agreement in accordance with the clause
permitting termination for cause and, at its sole discretion, to
deduct from the Agreement price or consideration, or otherwise
recover, the full amount of such commission, percentage,
brokerage or contingent fee.
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15. HOLD HARMLESS CLAUSE
A. INSPECTOR hereby agrees
and appointive boards, officers, and
liability for damage or claims for
including death, as well as from
which may arise from INSPECTOR'S
omissions under this Agreement.
to hold CITY, its elective
employees, harmless from any
damage for personal inj ury,
claims for property damage,
negligent acts, errors or
16. INDEMNITY
INSPECTOR shall indemnify, defend and hold harmless CITY
from and against any and all claims, demands, suits, actions,
proceedings, judgments, losses, damages, injuries, penalties,
costs, expenses (including attorneys' fees) and liabilities, of,
by, or with respect to third parties, which arise solely from
INSPECTOR I S negligent performance or services under this
Agreement. INSPECTOR shall not be responsible for, and CITY
shall indemnify, defend and hold harmless INSPECTOR from and
against, any and all claims, demands, suits, actions,
proceedings, judgments, losses, damages, injuries, penalties,
costs, expenses (including attorney's fees) and liabilities of,
by or with respect to third parties, which arise solely from the
CITY'S negligence. With respect to any and all claims, demands,
suits, actions, proceedings, judgments, losses, damages,
injuries, penalties, costs, expenses (including attorney's fees)
and liabilities of, by or with respect to third parties, which
arise from the joint or concurrent negligence of INSPECTOR and
CITY, each party shall assume responsibility in proportion to the
degree of its respective fault.
17. VALIDITY
Should any provision herein be found or deemed to be
invalid, this Agreement shall be construed as not containing such
provision, and all other provisions which are otherwise lawful
shall remain in full force and effect, and to this end the
provisions of this Agreement are declared to be severable.
18. ENTIRE AGREEMENT
This Agreement represents the entire and integrated
agreement between the parties hereto and supercedes all prior and
contemporaneous negotiations, representations, understandings and
agreements, whether written or oral, with respect to the subject
matter thereof. This Agreement may be amended only by written
instrument signed by both parties.
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IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed on the date written above by their duly
authorized officers on their behalf.
By:
INSPECTOR
CITY OF SAN BERNARDINO,
a municipal corporation
ATTEST:
By:
W. R. Holcomb, Mayor
Shauna Clark, City Clerk
Approved as to form
and legal content:
James F. Penman
City Attorney
By ~ },k~
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