CITY COUNCIL AGENDA ITEM
Meeting Date: June 26, 2007
Subject/Title: Adopt a Resolution approving and authorizing the City Manager
to enter into a Professional Services Agreement with Core Management Inc.
for Parks and Recreation inspection services for new development and Capital
Improvement Projects in the amount of $187,200, and authorize the City
Manager to approve change orders up to 10% of the contract amount for the
period of July 1, 2007 through June 30, 2008.
Prepared by: Ken De Silva, Landscape/Facilities Manager
Submitted by: Craig D. Bronzan, Director of Parks and Recreation
Adopt a Resolution approving and authorizing the City Manager to enter into
a Professional Services Agreement with Core Management Inc. for Parks and
Recreation inspection services for new development and Capital Improvement
Projects in the amount of $187,200, and authorize the City Manager to
approve change orders up to 10% of the contract amount for the period of
July 1, 2007 through June 30, 2008.
On September 27, 2005, the City Council approved a Resolution authorizing
the City Manager to enter into a Professional Services Agreement with Vali
Cooper & Associates, Inc. for Engineering Inspection services for new
development and Capital Improvement Projects (CIP) in the amount of
$198,000, and authorized the City Manager to approve change orders up to 10%
of the contract amount.
On June 27, 2006, the City Council approved a Resolution authorizing the
City Manager to sign a Professional Services Agreement with Vali Cooper and
Associates, Inc. for Parks and Recreation Inspection Services for new
development and Capital Improvement Projects in the amount of $200,376, and
authorized the City Manager to approve change orders up to 10% through June
The City of Brentwood has experienced an enormous amount of residential and
commercial landscape development in the last few years. The number of parks,
streetscapes, residential and commercial landscape infrastructure projects
created by new development and the City’s Capital Improvement Projects (CIP)
continue to increase. Inspection services are an integral part of the
construction process for quality control and to verify that all improvements
are constructed in conformance with City and State standards. Having good
quality control during construction reduces maintenance costs.
The Parks and Recreation Department is responsible for the review, plan
check and inspection of all landscape and park projects. The Parks and
Recreation Department has one full time Construction Inspector who is funded
through Park Development Funds. Since our department is responsible for all
landscape review and inspection, contract inspection staff and respective
fees are necessary for all non-park related projects.
We have not been dissatisfied with Vali Cooper & Associates Inc.; however,
we have found a way to get the same level and standard of service at a more
competitive rate through Core Management Inc. Approval of this new contract
will replace the existing contract with Vali Cooper & Associates Inc. which
will expire July 1, 2007.
We will eliminate our current Purchase Order Agreement with Vali Cooper. The
existing Professional Services Agreement allows us to cancel service without
These services have been included in the proposed 2007/08 Operating Budget
being presented to Council tonight as a separate item. There will be a
decrease in expenditures of $13,176 compared to our current contract with
Vali Cooper & Associates.
Agreement for Parks and Recreation Inspection Services
Exhibit “A” – Scopes of Services
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AND
AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT
WITH CORE MANAGEMENT INC. FOR PARKS AND RECREATION INSPECTION SERVICES FOR
NEW DEVELOPMENT AND CAPITAL IMPROVEMENT PROJECTS IN THE AMOUNT OF $187,200,
AND AUTHORIZE THE CITY MANAGER TO APPROVE CHANGE ORDERS UP TO 10% OF THE
CONTRACT AMOUNT FOR THE PERIOD OF JULY 1, 2007 THROUGH JUNE 30, 2008.
WHEREAS, the City of Brentwood continues to need the assistance of contract
WHEREAS, inspection services are an integral part of the construction
process for quality control and to verify that all improvements are
constructed in conformance with City and State standards; and
WHEREAS, the Parks and Recreation Department is responsible for the review,
plan check and inspection of all landscape projects in addition to park
landscape projects; and
WHEREAS, this proposed budget will be approved by City Council as a part of
the fiscal year 2007/08 City of Brentwood Budget;
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood
hereby approves and authorizes the City Manager to enter into a professional
services agreement with Core Management Inc. for Parks and Recreation
inspection services for new development and Capital Improvement Projects in
the amount of $187,200, and further authorizes the City Manager to approve
change orders up to 10% of the agreement amount for the period of July 1,
2007 – June 30, 2008.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at
a regular meeting held on the 26 day of June, 2007, by the following vote:
AGREEMENT FOR PARKS & RECREATION INSPECTION SERVICES
THIS AGREEMENT is made and entered into as of the _____ day of
__________________, 2007, by and between the City of Brentwood, a municipal
corporation of the State of California ("City"), and Core Management, a
Parks & Recreation Inspection Services ("Consultant") (collectively, the
A. City requires the professional services of a consultant that is
experienced in Parks Inspection services.
B. Consultant has the necessary professional skills and experience necessary
to perform the services described in this Agreement.
C. City desires to engage Consultant to provide these services by reason of
its qualifications and experience in performing such services
D. Consultant has submitted a proposal to City and has affirmed its
willingness and ability to perform such work on the terms and manner set
forth in this Agreement.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, the Parties agree as follows:
1. Scope of Work.
1.1 City retains Consultant to perform, and Consultant agrees to render,
those services (the "Services") that are described in the attached Exhibit
"A," which is incorporated by this reference, pursuant to this Agreement’s
terms and conditions.
1.2 Consultant will be responsible for the professional quality, technical
accuracy and coordination of the Services. Consultant will, without
additional compensation, correct or revise any errors or deficiencies in the
1.3. Consultant will furnish City with every reasonable opportunity for City
to ascertain that the Services are being performed in accordance with the
requirement and intentions of this Agreement.
1.4 Consultant has designated those persons listed in Exhibit “A” to provide
the Services to the City. Consultant will not change or reassign those
persons described in Exhibit “A” without prior written notice to City, and
will not replace those individuals with individuals to whom City has a
2. Standard of Performance. Consultant acknowledges that in entering into
this Agreement the City is relying on Consultant's special skills and
experience to do and perform the Services in accordance with best standards
of professional practice. While performing the Services, Consultant will
exercise the reasonable professional care and skill customarily exercised by
reputable members of Consultant's profession practicing in the Metropolitan
Northern California Area. The acceptance of the Services by City does not
release Consultant from these obligations.
Consultant will be responsible for employing or engaging all persons
necessary to perform the Services. All of Consultant's staff will be
qualified by training and experience to perform their assigned tasks.
Consultant will give its personal attention to the fulfillment of the
provisions of this Agreement by all of its employees and subcontractors, if
any, and will keep the Services under its control. On demand of City, if any
employee or subcontractor of Consultant fails or refuses to carry out the
provisions of this Agreement or appears to be incompetent or to act in a
disorderly or improper manner, he or she will be discharged immediately from
3. Term. Unless earlier terminated, the term of this Agreement will be
effective for a period from July, 1, 2007 – June 30, 2008. The City Manager
may amend the Agreement to extend it for one (1) additional two (2) year
periods or parts thereof in an amount not to exceed One Hundred Eighty-Seven
Thousand Two Hundred dollars ($187,200) per Agreement year. Extensions will
be based upon a satisfactory review of Consultant's performance, City needs,
and appropriation of funds by the City Council. The Parties will prepare a
written amendment indicating the effective date and length of the extended
4. Schedule. Consultant will generally adhere to the schedule set forth in
Exhibit “A” provided, that City will grant reasonable extensions of time for
the performance of the Services occasioned by unusually lengthy governmental
reviews of Consultant’s work product or other unavoidable delays occasioned
by unforeseen circumstances; provided, further, that such unavoidable delay
will not include strikes, lockouts, work stoppages, or other labor
disturbances conducted by, or on behalf of, Consultant’s officers or
Consultant acknowledges the importance to City of City’s project schedule
and agrees to put forth its best professional efforts to perform the
Services in a manner consistent with that schedule. City understands,
however, that Consultant’s performance must be governed by sound practices.
Consultant will work such overtime or engage such personnel and equipment as
necessary to maintain the schedule, without additional compensation.
5.1 The total not to exceed fee payable for the Services to be performed
during the initial term of this Agreement will be One Hundred Eighty-Seven
Thousand Two Hundred dollars ($187,200). No other compensation for the
Services will be allowed except for items covered by subsequent amendments
to this Agreement. The City reserves the right to withhold a ten percent
(10%) retention until City has accepted the Services.
5.2 Payment will occur only after receipt by City of invoices sufficiently
detailed to include hours performed, hourly rates, and related activities
and costs for approval by City.
5.3 Within thirty (30) days after receipt of any applicable progress payment
request, City will verify the accuracy of the request, correct the charges
where appropriate, and make payment to Consultant in an amount equal to the
amount of such application, as verified or corrected by City. No payment
made prior to completion and acceptance of the Services will constitute
acceptance of any part of the Services. City reserves the right to withhold
payment from Consultant on account of Services not performed satisfactorily,
delays in Consultant's performance of Services, or other defaults hereunder.
6. Status of Consultant. Consultant will perform the Services in
Consultant's own way as an independent contractor and in pursuit of
Consultant's independent calling, and not as an employee of City. The
persons used by Consultant to provide the Services under this Agreement will
not be considered employees of City for any purposes.
The payment made to Consultant pursuant to the Agreement will be the full
and complete compensation to which Consultant is entitled. City will not
make any federal or state tax withholdings on behalf of Consultant or its
agents, employees or subcontractors. City will not pay any workers'
compensation insurance, retirement contributions or unemployment
contributions on behalf of Consultant or its employees or subcontractors.
Consultant agrees to indemnify and pay City within thirty (30) days for any
tax, retirement contribution, social security, overtime payment,
unemployment payment or workers' compensation payment which City may be
required to make on behalf of Consultant or any agent, employee, or
contractor of Consultant for work done under this Agreement. At the City’s
election, City may deduct the amounts paid pursuant to this Section, from
any balance owing to Consultant.
7. Subcontracting. Consultant's services are unique and personal. Except as
may be specified in Exhibit “A”, Consultant will not subcontract any portion
of the Services without prior written approval of City Manager or his/her
designee. If Consultant subcontracts any of the Services, Consultant will be
fully responsible to City for the acts and omissions of Consultant's
subcontractor and of the persons either directly or indirectly employed by
the subcontractor, as Consultant is for the acts and omissions of persons
directly employed by Consultant. Nothing contained in this Agreement will
create any contractual relationship between any subcontractor of Consultant
and City. Consultant will be responsible for payment of subcontractors.
Consultant will bind every subcontractor and every subcontractor of a
subcontractor by the terms of this Agreement applicable to Consultant's work
unless specifically noted to the contrary in the subcontract and approved in
writing by City.
8. Other Consultants. The City reserves the right to employ other
consultants in connection with the Services.
9. Indemnification. Consultant will hold harmless, defend and indemnify City
and its officers, agents and employees from and against any and all claims,
demands, costs or liability including attorney fees arising out of or in any
way connected with the performance of this Agreement, caused in whole or in
part by any act or omission of the Consultant, any of its subcontractors,
anyone directly or indirectly employed by any of them or anyone for whose
acts any of them may be liable, except to the extent caused by the active
negligence, sole negligence, or willful misconduct of City.
10. Insurance. Consultant will obtain and maintain, at its cost and expense,
for the duration of the Agreement and any and all amendments, insurance
against claims for injuries to persons or damage to property which may arise
out of or in connection with performance of the Services by Consultant or
Consultant’s agents, representatives, employees or subcontractors. The
insurance will be obtained from an insurance carrier admitted and authorized
to do business in the State of California. The insurance carrier is required
to have a current Best's Key Rating of not less than "A-VII."
10.1 Coverages and Limits. Consultant will maintain the types of coverages
and minimum limits indicated below, unless Risk Manager or City Manager, in
consultation with the City Attorney approves a lower amount. These minimum
amounts of coverage will not constitute any limitations or cap on
Consultant's indemnification obligations under this Agreement. City, its
officers, agents, volunteers and employees make no representation that the
limits of the insurance specified to be carried by Consultant pursuant to
this Agreement are adequate to protect Consultant. The coverage will contain
no special limitations on the scope of its protection to the
above-designated insureds except for Workers Compensation and errors and
omissions insurance. Consultant will obtain occurrence coverage, excluding
Professional Liability, which will be written as claims-made coverage. If
Consultant believes that any required insurance coverage is inadequate,
Consultant will obtain such additional insurance coverage, as Consultant
deems adequate, at Consultant's sole expense.
10.1.1 Commercial General Liability Insurance. $1,000,000 combined
single-limit per occurrence for bodily injury, personal injury and property
damage. If the submitted policies contain aggregate limits, general
aggregate limits will apply separately to the work under this Agreement or
the general aggregate will be twice the required per occurrence limit.
10.1.2 Automobile Liability. $1,000,000 combined single-limit per accident
for bodily injury and property damage.
10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation
limits as required by the California Labor Code and Employer's Liability
limits of $1,000,000 per accident for bodily injury. Workers' Compensation
and Employer's Liability insurance will not be required if Consultant has no
employees and provides, to City's satisfaction, a declaration stating this.
10.1.4 Professional Liability. Errors and omissions liability appropriate to
Consultant’s profession with limits of not less than $1,000,000 per claim.
10.2. Endorsements. For Commercial General Liability Insurance and
Automobile Liability Insurance, Consultant will ensure that the policies are
endorsed to name the City, its officers, agents, volunteers and employees as
additional insureds. Prior to City's execution of this Agreement, Consultant
will furnish certificates of insurance and endorsements to City.
10.3 Cancellation. Insurance will be in force during the life of the
Agreement and any extensions of it and will not be canceled without thirty
(30) days prior written notice to City sent pursuant to the Notice
provisions of this Agreement.
10.4 Failure to Maintain Coverage. If Consultant fails to maintain any of
these insurance coverages, then City will have the option to declare
Consultant in breach of this Agreement, or may purchase replacement
insurance or pay the premiums that are due on existing policies in order to
maintain the required coverages. Consultant is responsible for any payments
made by City to obtain or maintain insurance and City may collect these
payments from Consultant or deduct the amount paid from any sums due
Consultant under this Agreement.
10.5 Submission of Insurance Policies. City reserves the right to require,
at anytime, complete and certified copies of any or all required insurance
policies and endorsements.
10.6 Primary Coverage. For any claims related to the Services and this
Agreement, the Consultant’s insurance coverage will be primary insurance
with respect to City, its officers, agents, volunteers and employees. Any
insurance or self-insurance maintained by City for itself, its officers,
agents, volunteers and employees, will be in excess of Consultant’s
insurance and not contributory with it.
10.7 Reduction in Coverage/Material Changes. Consultant will notify City
thirty (30) days prior to any reduction in any of the insurance coverage
required pursuant to this Agreement or any material changes to the
respective insurance policies.
10.8 Waiver of Subrogation. The policies shall contain a waiver of
subrogation for the benefit of City.
11. Business License. Consultant will obtain and maintain a City of
Brentwood Business License for the term of the Agreement, as it may be
amended from time-to-time.
12. Maintenance of Records. Consultant will maintain complete and accurate
records with respect to costs incurred under this Agreement. All records
will be clearly identifiable. Consultant will allow a representative of City
during normal business hours to examine, audit, and make transcripts or
copies of records and any other documents created pursuant to this
Agreement. Consultant will allow inspection of all work, data, documents,
proceedings, and activities related to the Agreement for a period of three
(3) years from the date of final payment under this Agreement.
13 Ownership of Documents.
13.1 All product produced by Consultant or its agents, employees, and
subcontractors pursuant to this Agreement (the “Work Product”) is the
property of City. In the event this Agreement is terminated, all Work
Product produced by Consultant or its agents, employees and subcontractors
pursuant to this Agreement will be delivered to City pursuant to the
termination clause of this Agreement. Consultant will have the right to make
one (1) copy of the Work Product for Consultant’s records.
13.2 The Work Product may be used by City and its agents, employees,
representatives, and assigns, in whole or in part, or in modified form, for
all purposes City may deem advisable, without further employment of or
payment of any compensation to Consultant; provided, however, that if this
Agreement is terminated for any reason prior to completion of the Project
and if under such circumstances City uses, or engages the services of and
directs another consultant to use, the Work Product, City agrees to hold
Consultant harmless from any and all liability, costs, and expenses relative
to claims arising out of matters and/or events which occur subsequent to the
termination of this Agreement as a result of causes other than the fault or
negligence of Consultant, or anyone for whose acts it is responsible, in
preparation of the Work Product. Consultant will not be responsible for
deficiencies solely attributable to modifications of the Work Product
performed by others, or that arise from use of the Documents in connection
with a project or site other than that shown in the Work Product.
14. Copyrights. Consultant agrees that all copyrights that arise from the
Services will be vested in City and Consultant relinquishes all claims to
the copyrights in favor of City.
15. Confidentiality. All documents, reports, information, data, and exhibits
prepared or assembled by Consultant in connection with the performance of
the Services pursuant are confidential until released by the City to the
public, and the Consultant will not make any of these documents or
information available to any individual or organization not employed by the
Consultant or the City without the written consent of the City before any
16. Notices. Any notices relating to this Agreement shall be given in
writing and shall be deemed sufficiently given and served for all purposes
when delivered personally, by facsimile or by generally recognized overnight
courier service, or five (5) days after deposit in the United States mail,
certified or registered, return receipt requested, with postage prepaid,
addressed as follows:
For City: For Consultant:
City of Brentwood Name: Larry Tuthill
150 City Park Way Title: Vice President
Brentwood, CA 94513 Address: 4135 Potomac Lane,
Attn: Elaine Kwan North Highlands, CA 95660
Facsimile No. (925) 516-5445 Phone No.: 925-382-6152
Either party may change its address for purposes of this section by giving
the other party written notice of the new address in the manner set forth
17. Conflicts of Interest.
17.1 City will evaluate Consultant’s duties pursuant to this Agreement to
determine whether disclosure under the Political Reform Act and City’s
Conflict of Interest Code is required of Consultant or any of Consultant’s
employees, agents, or subcontractors. Should it be determined that
disclosure is required, Consultant or Consultant’s affected employees,
agents, or subcontractors will complete and file with the City Clerk those
schedules specified by City and contained in the Statement of Economic
Interests Form 700.
17.2 Consultant understands that its professional responsibility is solely
to City. Consultant warrants that it presently has no interest, present or
contemplated, and will not acquire any direct or indirect interest, that
would conflict with its performance of this Agreement. Consultant further
warrants that neither Consultant, nor Consultant’s agents, employees,
subcontractors and consultants have any ancillary real property, business
interests or income that will be affected by this Agreement or,
alternatively, that Consultant will file with the City an affidavit
disclosing this interest. Consultant will not knowingly, and will take
reasonable steps to ensure that it does not, employ a person having such an
interest in the performance of this Agreement. If after employment of a
person, Consultant discovers that it has employed a person with a direct or
indirect interest that would conflict with its performance of this
Agreement, Consultant will promptly disclose the relationship to the City
and take such action as the City may direct to remedy the conflict.
18. General Compliance with Laws. Consultant will keep fully informed of
federal, state and local laws and ordinances and regulations which in any
manner affect those employed by Consultant, or in any way affect the
performance of the Services by Consultant. Consultant will at all times
observe and comply with these laws, ordinances, and regulations and will be
responsible for the compliance of the Services with all applicable laws,
ordinances and regulations.
19. Discrimination and Harassment Prohibited. Consultant will comply with
all applicable local, state and federal laws and regulations prohibiting
discrimination and harassment.
20. Termination. In the event of the Consultant's failure to prosecute,
deliver, or perform the Services, City may terminate this Agreement for
nonperformance by notifying Consultant in writing pursuant to the notice
provisions of this Agreement. Consultant has five (5) business days to
deliver any documents owned by City and all work in progress to City address
contained in this Agreement. City will make a determination of fact based
upon the work product delivered to City and of the percentage of work that
Consultant has performed which is usable and of worth to City in having the
Agreement completed. Based upon that finding City will determine the final
payment of the Agreement. In the event City elects to terminate, City will
have the right to immediate possession of all Work Product and work in
progress prepared by Consultant, whether located at the Project, at
Consultant's place of business, or at the offices of a subconsultant.
Either Party, upon tendering thirty (30) calendar days written notice to the
other Party, may terminate this Agreement for convenience. In this event and
upon request of City, Consultant will assemble the work product without
charge and put it in order for proper filing and closing and deliver it to
City. Consultant will be paid for work performed to the termination date;
however, the total will not exceed the lump sum fee payable under this
Agreement. City will make the final determination as to the portions of
tasks completed and the compensation to be made.
21. Covenants Against Contingent Fees. Consultant warrants that Consultant
has not employed or retained any company or person, other than a bona fide
employee working for Consultant, to solicit or secure this Agreement, and
that Consultant has not paid or agreed to pay any company or person, other
than a bona fide employee, any fee, commission, percentage, brokerage fee,
gift, or any other consideration contingent upon, or resulting from, the
award or making of this Agreement. For breach or violation of this warranty,
City will have the right to terminate this Agreement for nonperformance, or,
in its discretion, to deduct from the Agreement price or consideration, or
otherwise recover, the full amount of the fee, commission, percentage,
brokerage fees, gift, or contingent fee.
22. Claims And Lawsuits. By signing this Agreement, Consultant agrees that
any Agreement claim submitted to City must be asserted as part of the
Agreement process as set forth in this Agreement and not in anticipation of
litigation or in conjunction with litigation. Consultant acknowledges that
if a false claim is submitted to City by Consultant, it may be considered
fraud and Consultant may be subject to criminal prosecution. Consultant
acknowledges that California Government Code sections 12650 et seq., the
False Claims Act, applies to this Agreement and, provides for civil
penalties where a person knowingly submits a false claim to a public entity.
These provisions include false claims made with deliberate ignorance of the
false information or in reckless disregard of the truth or falsity of
information. If City seeks to recover penalties pursuant to the False Claims
Act, it is entitled to recover its litigation costs, including attorney's
fees. Consultant acknowledges that the filing of a false claim may subject
Consultant to an administrative debarment proceeding as the result of which
Consultant may be prevented to act as a Consultant on any public work or
improvement for a period of up to five (5) years. Consultant acknowledges
debarment by another jurisdiction is grounds for City to terminate this
23. Dispute Resolution. Should any dispute arise out of this Agreement,
either Party may request that it be submitted to mediation. The Parties will
meet in mediation within thirty (30) days of a request. The cost of
mediation will be borne equally by the Parties. Neither Party will be deemed
the prevailing party. No Party will be permitted to file a legal action
without first requesting mediation and making a good faith attempt to reach
a mediated settlement. The mediation process, once commenced by a meeting
with the mediator will last until agreement is reached by the Parties but
not more than sixty (60) days, unless the maximum time is extended by the
24. Jurisdiction, Venue and Governing Law. Any action at law or in equity
brought by either of the Parties for the purpose of enforcing a right or
rights provided for by this Agreement will be tried in a court of competent
jurisdiction in the County of Contra Costa, State of California, and the
Parties waive all provisions of law providing for a change of venue in these
proceedings to any other county. This agreement will be governed by the laws
of the State of California.
25. Testimony. Consultant will testify at City's request if litigation is
brought against City in connection with Consultant's services under this
agreement. Unless the action is brought by Consultant, or is based upon
Consultant's actual or alleged negligence or other wrongdoing, City will
compensate Consultant for time spent in preparation for testimony,
testimony, and travel at Consultant's standard hourly rates at the time of
26. Successors and Assigns. It is mutually understood and agreed that this
Agreement will be binding upon the Parties and their respective successors.
Neither this Agreement nor any part of it nor any monies due or to become
due under it may be assigned by Consultant without the prior written consent
of City, which will not be unreasonably withheld.
27. Section Headings. Section headings as used in this Agreement are for
convenience only and will not be deemed to be a part of such sections and
will not be construed to change the meaning of the section.
28. Waivers. The waiver by either Party of any breach or violation of any
term, covenant, or condition of this Agreement or of any provisions of any
ordinance or law will not be deemed to be a waiver of such term, covenant,
condition, ordinance or law or of any subsequent breach or violation of same
or of any other term, covenant, condition, ordinance or law or of any
subsequent breach or violation of the same or of any other term, condition,
ordinance, or law. The subsequent acceptance by either party of any fee or
other money which may become due hereunder will not be deemed to be a waiver
of any preceding breach or violation by the other party of any term,
covenant, or condition of this agreement or any applicable law.
29. Entire Agreement. This Agreement, together with any other written
document referred to or contemplated by it embody the entire Agreement and
understanding between the parties relating to the subject matter of it. The
City Manager is authorized, in consultation with the City Attorney, to agree
to non-material amendments to this Agreement. Neither this Agreement nor any
of its provisions may be amended, modified, waived or discharged except in a
writing signed by both parties.
30. Authority. The individuals executing this Agreement and the instruments
referenced in it on behalf of Consultant each represent and warrant that
they have the legal power, right and actual authority to bind Consultant to
the terms and conditions of this Agreement.
31. Severability. If any term, provision, condition or covenant of this
Agreement or its application to any party or circumstances shall be held, to
any extent, invalid or unenforceable, the remainder of this Agreement, or
the application of the term, provision, condition or covenant to persons or
circumstances other than those as to whom or which it is held invalid or
unenforceable, shall not be affected, and shall be valid and enforceable to
the fullest extent permitted by law.
City of Brentwood:
Donna Landeros, City Manager
Margaret Wimberly, City Clerk
APPROVED AS TO FORM:
Damien B. Brower, City Attorney
If required by City, proper notarial acknowledgment of execution by
Consultant must be attached. If a Corporation, Agreement must be signed by
one corporate officer from each of the following two groups.
*Group A. **Group B.
President, or Assistant Secretary,
Vice-President CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the
secretary or assistant secretary under corporate seal empowering the
officer(s) signing to bind the corporation.
SCOPE OF SERVICES
1. Inspects the construction, repair, and/or alteration work on assigned
public landscape improvements including, parks, curbs, sidewalks, water and
drainage systems, storm drains, underground improvements, lighting systems,
landscaping, landscaping irrigation systems, and other City Capital
Improvement and Developer projects; inspects materials, methods, and
procedures for conformance with plans and specifications; enforces and
observes testing of materials; reviews test reports; performs final
inspection upon completion of project.
2. Meets and confers with representatives of utility companies, contractors,
engineers and other public agencies regarding construction plans and
specifications; investigates and attempts to resolve citizen complaints.
3. Answers questions, provides information to, and confers with property
owners regarding project schedules, hazards, and inconvenience; schedules
service interruptions with the least interference and the least
inconvenience; schedules service interruptions with the least interference
and least inconvenience to property owners; coordinates work with other City
departments and utilities to resolve interferences and conflicts.
4. Compiles detailed construction progress and inspection results including
project punch lists; issues notification letters to contractors; maintains a
variety of records and files; prepares various reports and logs on daily
operations and activities.
5. Reviews plans, specifications, contract documents, and other technical
data to ensure conformance with City standards; recommends and/or makes
changes as necessary.
6. Enforces and documents adherence to environmental requirements.
7. Responds to public inquiries in a courteous manner; provides information
within the area of assignment; resolves complaints issues in an efficient
and timely manner.
8. Maintains awareness of new trends and developments in construction
methods and materials; incorporates new developments as appropriate.
9. Addresses public safety in construction zones; advises contractors of
issues related to public safety; assists in detour planning, sign placement
and other traffic control measures.