HomeMy WebLinkAboutAgreement A-16-594 with Golder Associates, Inc..pdfAgreement No. 16-594
16-0719
1 CONSULTANTAGREEMENT
2 THIS AGREEMENT for Engineering Consultant Services, hereinafter referred to a
3 "the AGREEMENT," is made and entered into thiso2.1~ day of~~, 2016 b
4 and between the COUNTY OF FRESNO, a political subdivision of the State of California,
5 hereinafter referred to as "the COUNTY"; and Golder Associates, Inc., Engineering
6 Consultant, whose address is, 425 Lakeside Drive, Sunnyvale, CA 94085, hereinafte
7 referred to as "the CONSULT ANT".
8 WITNESSETH
9 WHEREAS, the CONSULTANT has been selected to provide professional an
10 engineering services necessary and to perform Construction Quality Assurance (CQA
11 Services for the American Avenue Disposal Site Phase Ill, Modules 7-8 Excavation And
12 Liner System Construction, hereinafter referred to as "the PROJECT"; and
13 WHEREAS, said CONSULTANT has been selected in accordance with th
14 COUNTY's Ordinance Code Chapter 4.10 on the selection of architects, engineers, and
15 other professionals to provide the engineering services necessary for the PROJECT.
16 NOW, THEREFORE, in consideration of the promises and covenants set forth
17 herein, the above named parties agree as follows:
18 I. GENERAL PROVISIONS
19 A. The COUNTY hereby contracts with the CONSULTANT as an independen
20 contractor to provide the consultant engineering services required for the PROJECT.
21 B. The work to be performed under the AGREEMENT is detailed in Exhibit A,
22 attached hereto and incorporated by this reference as though fully set forth herein, a
23 reiterated in Article II ("Consultant's Obligations").
24 C. The CONTRACT ADMINISTRATOR on behalf of the COUNTY will be:
25 Erin Haagenson, Senior Staff Analyst
26 2220 Tulare Street, Suite 600
27 Fresno, CA 93721
28 559-600-4528
COUNTY OF FRESNO
Fresno, California
08/23/16
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COUNTY OF FRESNO
Fresno, California
08/23/16
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Million Dollars ($1,000,000.00) per occurrence and an aggregate of Two Million Dollars
($2,000,000.00). This policy shall be issued on a per occurrence basis.
2.Automobile Liability Insurance that is comprehensive with limits for bodily
injury of not less than Two Hundred Fifty Thousand Dollars ($250,000.00) per person, Five
Hundred Thousand Dollars ($500,000.00) per accident and for property damage of not less
than Fifty Thousand Dollars ($50,000.00), or such coverage with a combined single limit of
Five Hundred Thousand Dollars ($500,000.00). Coverage should include owned and non-
owned vehicles used in connection with the AGREEMENT.
3.Worker's Compensation insurance policy as required by the
California Labor Code.
4.Professional Liability Insurance:
a.If the CONSULTANT employs licensed professional staff in
providing services, Professional Liability Insurance with limits of not less than One Million
Dollars ($1,000,000.00) per claim, Three Million Dollars ($3,000,000.00) aggregate. The
policy for Professional Liability shall remain in full force and effect for period of three years
from the completion date of the AGREEMENT.
B. The CONSULTANT shall obtain endorsements to the Commercial General
Liability insurance naming the COUNTY, its officers, agents, and employees, individually
and collectively, as additional insured, but only insofar as the operations under the
AGREEMENT are concerned. Such coverage for additional insured shall apply as primary
insurance and any other insurance, or self-insurance, maintained by the COUNTY, its
officers, agents and employees shall be excess only and not contributing with insurance
provided under the CONSULTANT'S policies herein. The COUNTY shall be given at least
thirty (30) days advance written notice of any cancellation, expiration, reduction or other
material change in coverage with respect to any of the aforesaid policies.
C. Prior to commencing any such work under the AGREEMENT, the CONSULTANT
shall provide to the COUNTY certificates of insurance and endorsements for all of the
required policies as specified above, stating that all such insurance coverage has been
COUNTY OF FRESNO
Fresno, California
08/26/16 21
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authorized by or in accordance with CONSULTANT’s corporate by-laws to execute or attest
and deliver the AGREEMENT on behalf of the CONSULTANT; and (ii) that the
AGREEMENT, once he or she has executed it, is and shall be binding upon such
Corporation.
XXX. BINDING UPON SUCCESSORS
The AGREEMENT shall be binding upon and inure to the benefit of the parties and
their respective successors in interest, assigns, legal representatives, and heirs.
XXXI. INCONSISTENCIES
In the event of any inconsistency in interpreting the documents which constitute the
AGREEMENT, the inconsistency shall be resolved by giving precedence in the following
order of priority: (1) the text of the AGREEMENT (excluding Exhibits); (2) Exhibits to the
AGREEMENT.
XXXII. SEVERABILITY
Should any part of this AGREEMENT be determined to be invalid or unenforceable,
then 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 hereby declared to be severable.
XXIII. FINAL AGREEMENT
Both of the above-named parties to this AGREEMENT hereby expressly agree that
this AGREEMENT constitutes the entire agreement which is made and concluded in
duplicate between the two parties with respect to the subject matter hereof and supersedes
all previous negotiations, proposals, commitments, writing, advertisements, publications,
and understandings of any nature whatsoever unless expressly included in this
AGREEMENT. In consideration of the promises, covenants and conditions contained in
this AGREEMENT, the CONSULTANT and the COUNTY, and each of them, do hereby
agree to diligently perform in accordance with the terms and conditions of the
AGREEMENT, as evidenced by the signatures below.
//
IN WITNESS WHEREOF, the parties have executed this Agreement on the date
2 setforth above.
3 GOLDER ASSOCIATES, INC:
4 B·/0-/.a~~
5 R~AUGHEY, P
PROJECT MANAGER
6 GOLDER AND ASSOCIATES
425 LAKESIDE DRIVE 7 SUNNYVALE, CA 94085 USA
8
9 REVIEWED AND RECO
APPROVAL
10
11 BY:
STEVEN E. W ITE, DIRECTOR
12 DEPARTMENT OF PUBLIC WORKS
AND PLANNING
13
14 APPROVEDASTOLEGALFORM
DANIEL C. CEDERBORG
15 COUNTY COUNSEL
16
BY: ~Lk'J 17 ~iY
18
19 APPROVED AS TO ACCOUNTING FORM:
VICKI CROW, CPA
20 AUDITOR-CONTROLLERfrREASURER-
21
22
23
TAX COLLECTOR
BY:~
Deputy
24 FUND: 0700
SUBCLASS: 15000 25 ORG: 9026
ACCT: 8150 26 PROGRAM: 88987
27
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COUNTY OF FRESNO
Fresno, California
08/26116
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COUNTY OF FRESNO:
BY:£ ;r~"'h-......
ERNEST BUDDYMENES, CHAIRMAN
BOARD OF SUPERVISORS
ATTEST:
Bernice E. Seidel, Clerk
Board of Superisors
BY·~~ Deputy