request for proposals for dsa inspection services disney project...review and monitor contractor’s...

REQUEST FOR PROPOSALS

FOR

DSA INSPECTION SERVICES

FOR THE WALT DISNEY ELEMENTARY SCHOOL PROJECT AND VARIOUS SITE RELATED PROJECTS

RFP# 1920-022

ISSUED BY:

BURBANK UNIFIED SCHOOL DISTRICT

Issued: February 24, 2020

Due: March 18, 2020

1

I.

RESPONSE SCHEDULE

BURBANK UNIFIED SCHOOL DISTRICT

(SELECTION OF CONSULTANT(S))

EVENT DATE/TIME*

Request for Proposal Documents Published February 24, 2020/3:00 pm

Last Day to Request Clarification March 11, 2020/4:00 pm

Last Day to Respond to Requests for Clarification March 13, 2020/4:00 pm

Receive and Evaluate Proposals March 18, 2020/2:00 pm

Interviews with Firm(s) (At District's descretion) TBD

Board Approval of Firm & Execute Agreement May 7, 2020 / 6:00 pm

*Note: All dates are preliminary and subject to revision and change by the District

II.

INTRODUCTION

The Burbank Unified School District (“District”) is requesting proposals from interested and

qualified DSA-certified inspectors (“Inspector(s)”) to provide Project Inspector services as

required by applicable sections of Title 21 and Title 24, California Code of Regulations, for the

for the Disney Elementary School Project (“Project”) and various site related projects.The

evaluation of the Proposals shall be based solely on the Project; however, the District reserves

the right to award any future contracts to the selected Inspector for various Measure S projects.

The Inspector shall be subject to approval by the Division of the State Architect after acceptance

by the District. The DSA Field Engineer will review the qualifications of the applicant and

arrange for a personal interview, if necessary. Approval of the Inspector’s appointment must be

obtained from DSA and a copy of the DSA letter of approval should be in the Inspector’s

possession before work is started on the Project. Inspector shall provide inspection services

that are certified by DSA.

The minimum recommended qualifications for a Project Inspector are provided in the State

Building Code Part 1, Title 24, Section 4-333 of the California code of Regulations. These

include, but are not limited to, the following:

1. Hold rating as Class 1 Inspector. Inspector and all Inspector’s employees or agents

shall secure and maintain in force such permits and licenses in either class 1, 2 or 3 as

required by law in connection with the furnishing of inspection services.

2. The Inspector should have had at least five years of experience in construction work of a

type similar to that for which they are being proposed, including size and dollar value.

3. The Inspector should have a thorough current knowledge of building materials, state

codes and construction procedures as a qualified DSA Project Inspector.

4. The Inspector should have special ability in reading and understanding plans and

specifications for all disciplines.

5. The Inspector should have the mental and physical ability to communicate with all parties

in a professional manner and to carry out the duties of inspection.

The observation and testing program for this construction period will be coordinated with the

Director of Facilities, Operations, and Capital Projects in accordance with the requirements of

Title 21 and Title 24 of the California Code of Regulations. Applicants should base their

proposals in accordance with the format requirements established in this Request for Proposal.

Please address only these specific requirements in preparing your proposals for this Project.

III.

PROJECT SCOPE

The Project consists of the installation of a new two story modular building in the Walt Disney Elementary School campus and related infrastructure upgrades. This project also involves the

replacement of the blacktop surface, sports field and relocation of the playground equipment.

The Project is located at Walt Disney Elementary School located at 1220W. Orange Grove Ave. Burbank Ca. 91506

Included with this RFP is a copy of the following Project documents, which shall form part of

this RFP: Attachment “A” - DSA approved drawings; available for pick up and online

Attachment “B” – DSA approved specifications; available for pick up and online

Attachment “C” - Form of Inspector Services Agreement

NOTE: A&B are also available on our website under the Facilities Services Tab and then Bid Forms and Documents. The link will posted until 4/8/20

IV.

SCOPE OF INSPECTOR’S SERVICES

A. The Inspector’s services shall include but not be limited to the following tasks:

1. Provide inspection services to ensure compliance with applicable codes, plans, specifications, and quality control required of an educational facility. Issue correction and stop work notices and notify the District, Architect of Record, and Director of Facilities, Operations and Capital Projects, in writing, if work does not conform to the approved Contract Documents.

2. Inspect and verify that Contractor’s as-built record documents are updated monthly prior to processing of Contractor’s monthly payment request.

3. Maintain liaison with the Architect/Engineer of Record, Director of Facilities, Operations and Capital Projects, materials testing lab, District and other regulatory agencies and governing bodies as necessary to maintain Project continuity.

4. Submit, on a daily basis, an activity report to the Director of Facilities, Operations and Capital Projects, including the following information:

i. Activities performed by the Contractors, and areas where work is performed.

ii. Manpower assigned to each Contractor and Subcontractor.

iii. Weather conditions.

iv. Equipment and materials delivered to the site.

v. Construction equipment and vehicles utilized.

vi. Nature and location of the work being performed (starting and completion dates for

various portions of the work).

vii. Verbal instructions and clarifications of the work given to the Contractor.

viii. Inspection by representatives of regulatory agencies.

ix. Note occurrences or conditions that might affect Contract Sum or Contract Time.

x. List visitors to the site, titles, and reasons for visit.

xi. List telephone calls made or received, and a substantial outline of the nature of such

calls, including statements or commitments made during the call. Identify the parties

calling.

xii. Record any work or material in place that does not correspond with the Contract

Documents, as well as resulting action taken. List any other problems or abnormal

occurrences that arise during each day, including notations of any particular lack of

activity on the part of the Contractor. Note corrective actions taken.

B. Inspector shall comply with all federal, state, county and local governmental requirements.

C. Inspector shall be responsible for ensuring all code-prescribed inspections and administrative

duties are completed pursuant to DSA IR A-8 (refer to the DSA website for the most current

issue of IR A-8) .

D. Review and monitor Contractor’s construction methods and procedures during all

construction activities, including earthwork, concrete placement, masonry erection, welding

procedures, all finishes, electrical, mechanical, fire alarm, etc.

E. Attend all meetings as required in Contract Documents and requested by District, i.e., billing

meetings, specification review meetings, coordination meetings, weekly progress meetings,

etc.

F. Assist the Director of Facilities, Operations and Capital Projects and District in scheduling all

required tests, and testing laboratory visitations required by the Contract Documents. Observe

and record dates and times of all test procedures.

G. Inspect, verify, and document Contractor’s delivered equipment and materials to ensure that

they meet submittal and specification requirements. Such inspection must occur within 48

hours of Contractor’s delivery of equipment to the job site.

H. Submit to the Director of Facilities, Operations and Capital Projects, in a timely manner, a

detailed report or request for a clarification whenever any corrective change is necessary in

field construction that will result in a variance from the drawings or specifications as

originally issued, including Field Change Directives.

I. Review the Contractor’s Payment Requests at billing meetings.

J. When the Contractor’s work or a designated portion thereof is substantially complete, prepare

for the District a list of incomplete or unsatisfactory items via a “punch list” and submit to

the Director of Facilities, Operations and Capital Projects.

K. Assist the Architect of Record and District with the review of Contractor’s Submittals.

L. At completion of Project, deliver all inspection records and Project file/s to the District.

M. Prior to commencement of work, Inspector will cooperate with the District and Director of

Facilities, Operations and Capital Projects to develop an inspection plan for the construction

of the Project.

N. Participate in the constructability review of Project documents with contracting firm, District,

Architect of Record and District representatives.

O. Provide all other services as set forth in the form Inspector Services Agreement attached

hereto as Attachment “C”.

P. Other requirements:

a. Facilities and Equipment: The District will provide desk and chair for contract-related

work at the Walt Disney Elementary School for the duration of the Project. The Inspector must provide his/her own vehicle, cell phone, any special equipment, such as fax and/or scanner, personal computer and any clerical support and other goods, supplies, necessary to perform services as required by this Contract.

b. Inspector Qualification Records: Inspector to submit as part of his/her proposal:

i. copy of DSA certificates for school inspection and specialty inspections, if

applicable;

ii. list of similar projects the Inspector performed work on;

iii. list of references from architects, construction/project manager, and facility

director for the agencies for the projects listed in “ii” above, include contact

number and email address.

c. Fees: The fee data provided should cover the following:

i. Base fee. Total base fee based on number of service months.

ii. Hourly rate.

iii. Weekend and holiday rate, if applicable.

iv. Other expenses – identify (if none, please state none)

The District will not pay:

i. Mileage charges

ii. Per diem charges

d. Insurance:

1) The selected Inspector will be required to provide Comprehensive General and

Automobile Liability Insurance coverage with policy limits of not less than

$1,000,000 per occurrence and $3,000,000 aggregate. The Automobile Liability

Insurance must include both owned and non-owned vehicles.

2) Each policy of insurance required in this RFP shall name the Burbank Unified School District and its officers, agents, and employees as additional insured; shall state that, with respect to the operations of Inspector hereunder, such policy is primary and any insurance carried by the District is excess and non-contributory, with such primary insurance; that written notice shall be given to District prior to cancellation; and shall waive all rights of subrogation.

3) Inspector shall notify District in the event of material change in, or failure to

renew, each policy.

4) Before starting work, Inspector shall deliver to District the certificates and

endorsements of the insurance as evidence of compliance with the requirements

herein. In the event Inspector, fails to secure or maintain any policy of insurance

required hereby, District may, as its sole discretion, secure such policy of

insurance in the name of and for the account of Inspector, and, in such event,

Inspector shall reimburse the District upon demand for the cost thereof.

V.

SUBMISSION REQUIREMENTS

All submittals must be limited to fifteen (15) pages in total length. All submittals must

be received by the District on or before March 18, 2020, at 2 p.m. at the following location:

Burbank Unified School District 1900 W. Olive AvenueBurbank, Ca 91506Attention: Claudia Simancas, Purchasing Department (818) 729-4533

Submittals must include the following:

A. Cover Letter

The cover letter should state the eligibility of the firm to respond to this RFP, a statement of

interest, and any other relevant information regarding the responding Inspector (firm). Please

also provide complete contact information, including e-mail address, for the person authorized to

act on behalf of the firm and to be contacted during the RFP evaluation and selection period.

B. All documents listed in Section IV(P)(b), Inspector Qualification Records, above.

C. A detailed explanation of any claims, disputes, litigation or other legal proceedings with

any school in which the responding Inspector (firm) was involved, as well as a discussion

of how the claim, dispute, litigation or other legal proceeding was resolved.

D. EXPERIENCE RELATIVE TO DISTRICT NEEDS

Discuss the Inspector’s knowledge of and experience with providing DSA inspection services.

Include any experience specific with school districts.

E. FEES

Provide breakdown of proposed fees and other costs to be charged to the District. Refer to

Section IV(P)(c), Fees, above.

F. INSURANCE

1. Provide the names of all insurance policies carried by the firm, number of years with

each carrier, policy coverages and limits, and any deductibles or self-insured retention

amounts on any policy. The carrier must have Best Key Rating Guide of “A” or

better as a California Admitted Insurer. All such insurance shall be on an occurrence

basis and should name the District as an additional insured.

2. Policies shall have a non-renewal or cancellation clause of not less than thirty (30)

days. Minimum limits of insurance required by the District for consultant and sub-

consultants are as follows:

i. Commercial General Liability Insurance (CGL) with a combined single limit

of not less than One Million Dollars ($1,000,000) each occurrence / Three

Million Dollars ($3,000,000) in the annual aggregate. Umbrella policies will

not be accepted to substitute for the insurance requirement;

ii. Automobile Liability Insurance with a combined single limit of not less than

One Million Dollars ($1,000,000) each accident and Three Million Dollars

($3,000,000) aggregate. Umbrella policies will not be accepted to substitute

for the insurance requirement;

iii. Workers’ Compensation Insurance as required by the State of California with

a minimum of One Million Dollars ($1,000,000).

iv. Professional liability insurance, including contractual liability, with limits of

One Million Dollars ($1,000,000), per occurrence and Three Million Dollars

($3,000,000) aggregate.

3. The Inspector agrees to provide an endorsement to this policy stating that “Such

insurance as is afforded by this policy shall be primary, and any insurance carried by

the District shall be excess and contributory.” This policy shall be maintained in full

force and effect for the duration of the contract and must be in an amount and format

satisfactory to the District.

4. Disclose any claims made on any policy of insurance held by the firm in the last

seven years along with a detailed explanation of the nature and type of claim, whether

the claim has been resolved, and the terms of the resolution.

VI.

GENERAL INFORMATION

A. SUBMITTAL OF PROPOSALS

All submittals should be verified before submission. Adjustments will not be permitted after

submission to the District. The District will not be held responsible for any errors or omissions

on the part of the firm in the preparation of the submittal. The District reserves the right to reject

any and all submittals, or to waive any irregularities or information in the submittals or the RFP

process. Firms are advised that the District reserves the right to amend this RFP at any time.

Amendments will be done formally by providing written amendments to all potential firms

known to have received a copy of the RFP and/or by publishing the amendment on the District’s

website.

B. SIGNATURES

Submittal must be signed by a representative of the responding Inspector (firm) with

authorization to bind the Inspector (firm) by contract.

C. DISQUALIFIED PROPOSALS

Any submittal received by the District after the time and dated stated above, shall be refused and returned unopened. It is the firm’s sole responsibility to ensure proposals are received timely at the location set forth in Section III. The District shall not be responsible to deliver any proposals sent via mail or other similar delivery method and the District shall not be responsible for any misdirected mail.

D. WITHDRAWAL OF SUBMITTAL

Firms may withdraw their submittal, either personally or by written request, at any time prior to

the closing time for the receipt of submittals.

E. COPIES OF SUBMITTAL

Each firm making a submittal must include an original of the proposal and a final copy of the

proposal on a flash drive or thumb drive using Adobe Acrobat PDF format files. The electronic

copy of the proposal shall be contained in one comprehensive PDF file. In no event shall the

electronic file contain more than one PDF file.

F. CONTACT/ QUESTIONS REGARDING RFP

Firms interested in making a submittal are directed not to contact anyone other than the person

noted below or to make any contact with any members of the District’s Governing Board

such contact will constitute grounds for disqualification of consideration. Questions

regarding the RFP should be directed to Larry Cross, District Director of Facilities [email protected] by the deadline set forth in Section I.

Any interpretation, clarification, or correction of this RFP will only be made by addendum and

issued to all potential firms known to have received a copy of the RFP and/or by publishing the

amendment on the District’s website. No person or firm is authorized to make any oral

interpretation of any provision in this RFP, nor shall any oral interpretation be binding on the

District.

G. RIGHTS OF THE DISTRICT

This Request for Proposal (“RFP”) does not commit the District to award a contract or pay any

costs incurred in the preparation of a response to this request. The District reserves the right to

accept all or part of any submittal or to cancel in part or in its entirety the RFP. The District

further reserves the right to select the firm that it considers to be in the best interest of the

District.

H. FEES

The District will negotiate contract fees for the services to be provided from the best qualified

Inspector (firm).

10

I. OWNERSHIP OF DOCUMENTS

All proposals and materials submitted in response to this RFP shall become the property of the

District and shall be considered a part of public records and subject to disclosure under the

California Public Records Act, unless exempted by law. In addition, all documents, reports,

schedules, notes and other work developed in the performance of any services resulting from this

RFP shall be the sole property of District and may be used by District for any purposes without

additional compensation to the selected Inspector. The selected Inspector agrees not to assert

any rights or to establish any claim under the design patent or copyright laws.

J. CONFLICT OF INTEREST

The Inspector agrees that it presently has no interest and will not acquire any interest, directly or

indirectly, which would conflict in any manner or degree with the performance of the services

hereunder. The Inspector further agrees that no person having any such known interest or

conveyed an interest shall be employed, directly or indirectly, in the delivery of services under

this RFP.

K. INDEPENDENT CONTRACTOR

The Inspector represents itself as an independent contractor offering such services to the general

public and shall not represent him/herself or his/her employees to be an employee of the District.

Therefore, the Inspector shall assume all legal and financial responsibility for taxes, FICA,

employee fringe benefits, workers compensation, employee insurance, minimum wage

requirements, overtime, and other expenses.

L. COMPLIANCE WITH LAWS

In connection with the furnishing of services or performance of work under this RFP, the

Inspector agrees to comply with the Fair Labor Standards Act, Equal Opportunity Employment

Act, and all other applicable federal and state laws, regulations and executive orders to the extent

that the same may be applicable.

M. INTERVIEWS

At the District’s sole discretion and to further assist in evaluation, responding Inspectors may be

requested to participate in an oral interview.

O. PERFORMANCE EVALUATIONS

Upon Project completion and at a mutually agreeable date and time, the Director of Facilities

will perform an evaluation of the Project Inspector, and file the reports with the Superintendent.

If the Project Inspector fails to perform his/her contractual responsibility by failing to complete

all Work and requirements, the Director of Facilities, Operations and Capital Projects and

Superintendent, shall so state the facts on the Project Inspector Evaluation Form. If an

evaluation results in a non-compliant Project Inspector finding, it may affect the Inspector’s

qualification for future work with the District.

Attachment “C”

{SR120360.DOC}WC088575

AGREEMENT FOR CONSTRUCTION CONTRACT INSPECTION SERVICES

This Agreement for Construction Contract Inspection Services (“Agreement”) is made

and entered effective ________________, ___, by and between the ________ School District

(“District”) and _________________ (“Inspector”), with respect to the following recitals:

A. District is a public school district organized and existing under the laws of the

State of California. District is engaged in the construction of a __________ project (“the

Project”), which requires ongoing inspection.

B. Inspector is an independent contractor competent to perform the construction

contract inspection services contemplated by this Agreement. Inspector represents and

covenants that Inspector is familiar with all requirements of law to serve as a project inspector

and has or can obtain the approval of the Division of the State Architect to perform the

construction contract inspection services contemplated by this Agreement prior to commencing

services under this Agreement.

C. District desires to retain Inspector and Inspector desires to perform work for

District on the terms and conditions set forth in this Agreement.

NOW, THEREFORE, the parties agree as follows:

1. Recitals. The recitals set forth above are true.

2. Inspection Services. Inspector agrees to provide the services described in this

Agreement in a professional and competent manner and in accordance with the terms of this

Agreement.

3. Term of Agreement and Payment. The term of this Agreement shall be

________. Payment of Inspector shall be as set forth in Exhibit A for services satisfactorily

performed after District receipt of properly documented and submitted invoices. Inspector shall

WC088575 {SR120360.DOC}2

record all hours worked in a daily log which shall be submitted to the ______ on a weekly basis.

Inspector shall submit invoices in triplicate on the last working day of each month to the ______.

The invoices must show the number of hours worked, the contract number, the project name and

location and must contain the Inspector’s original signature on all copies. Inspector’s failure to

maintain required records or to properly submit invoices may result in non-payment to Inspector.

Inspector shall comply with any applicable prevailing wage laws.

4. DSA Approval. Inspector acknowledges that District is required to obtain the

approval of the Division of the State Architect (“DSA”) prior to using Inspector’s services on the

Project. Inspector agrees to do all acts necessary to timely obtain DSA approval.

5. Duties and Conduct of the Inspector. The Inspector shall provide competent,

adequate, and continuous inspection of the Project during all stages of construction to ensure that

the contractors, all agents, employees, subcontractors, materialmen and suppliers of the

contractors and all persons performing work on the Project (“Contractor”) are performing the

work in accordance with the plans, specifications and other contract documents pertinent to the

Project (“the Contract Documents”). The Inspector shall keep the Contractor informed during

the work of the results of Inspector’s inspections and shall safeguard the interest of the District in

the construction of the Project. The Inspector shall perform the following duties.

a. Be familiar with the Contract Documents and the Contractor’s operations

during all phases of the Project.

b. Observe, check and measure items used in the Project for compliance with the

Contract Documents and technical instructions from the Architect.

c. Maintain a daily report/log describing the general work performed by the

Contractor, noting problems, rejections of materials or work and unusual events. The report/log

shall be filled daily, tersely and factually. The report/log shall reflect the Contractor’s activities

each day.

d. Supervise on-site testing and ensure that all required tests are performed by a

competent testing laboratory, Contractor or engineer as specified in the Contract Documents.

WC088575 {SR120360.DOC}3

Inspector shall check and report to ____ and the Architect laboratory tests indicating defective

materials or other problems. Inspector shall check billings from testing laboratories to see that

billings reflect only tests actually requested and performed. Inspector shall maintain a daily log

of inspection by testing lab.

e. Make sure that the required record drawings are accurately marked up as

required.

f. Report to the ______ and the Architect verbally and in writing: (1) poor

performance by the Contractor; (2) acts prejudicial to the District’s interest; and, (3) work

performed or materials used which are not in conformance with the Contract Documents.

g. Assist the _____ and the Architect in the final inspection and project

acceptance phase.

h. Perform all duties within Inspector’s expertise requested to be performed by

District and as defined in the California Education Code, California Building Code, Title 24, and

the California Code of Regulations, Title 21.

i. Upon request, provide the District with a written report regarding Contractor’s

performance on the Project.

j. Maintain an effective working relationship with the Contractor, District

personnel and Architect.

k. Be tactful, firm and fair in Inspector’s insistence that Contractor adhere to the

Contract Documents.

l. Attempt to foresee methods or materials which will not be acceptable and

immediately bring these facts to the Contractor’s attention in order to avoid removal of work

already in place.

m. Attempt to anticipate the Contractor’s problems and review with the ______

anticipated schedules and work involved prior to the commencement of a new trade on the job.

n. Attempt to foresee the need for all required tests and inspections.

WC088575 {SR120360.DOC}4

o. When notified by Contractor, arrange for all tests and inspections which are

required by the Contract Documents, arrange for prompt notification of the Architect of the

results of the tests and inspections, and record Architect’s approval or rejection.

p. Refuse to allow any related work to be installed until shop drawings have

received final approval from the Architect.

q. Ensure that Architect’s verbal instructions to the Inspector during field

inspections are written in the Inspector’s Daily Report/Log for that day or in the Field Instruction

Sheet.

r. Be responsible for slump tests and for taking concrete test cylinders for each

concrete pour and marking them for identification. Inspector shall make arrangements for

transportation and storage of test materials.

s. Receive samples which are required to be furnished at the job site; record date

received and from whom; notify Architect of their readiness for examination, record Architect’s

approval or rejection; and maintain custody of approved samples.

t. Inspect all materials immediately upon their delivery to the site to ensure that

they comply with the Contract Documents and are in a good and acceptable condition.

Exert extreme care to ensure that none of Inspector’s communications to the Contractor or

Contractor’s agents are misinterpreted as changes in the scope of the work.

u. Exert extreme care to ensure that none of Inspector’s communications to the

Contractor or Contractor’s agents are misinterpreted as changes in the scope of the work.

v. Upon District’s request, comply with any fingerprinting or related

requirement.

6. Restrictions on the Inspector’s Authority. In the performance of the duties

required by this Agreement, the Inspector exercises limited authority as defined in this

Agreement. The Inspector shall not:

WC088575 {SR120360.DOC}5

a. Authorize deviations from the Contract Documents;

b. Avoid conducting any required tests;

c. Enter the area of responsibility of the Contractor’s field superintendent;

d. Expedite the job for the Contractor;

e. Advise on, or issue directions relative to, any aspect of the building technique

or sequence unless a specific technique or sequence is called for in the specifications;

f. Approve shop drawings or samples;

g. Authorize or advise the District to occupy the Project, in the whole or in part,

prior to final acceptance of the Project;

h. Interfere in Contractor/Subcontractor relationships.

7. Independent Contractor Status. Inspector and any and all agents and employees

of Inspector shall perform the services required pursuant to this Agreement as an independent

contractor, not as officers, employees, or agents of the District. In providing the services

contemplated by this Agreement, the Inspector shall maintain a professional and working

relationship with the District, all contractors, and the Architect. Nothing contained in this

Agreement shall be deemed to create any contractual relationship between the Inspector and the

Architect or the Contractor for the Project, nor shall anything contained in this Agreement be

deemed to give any third party any claim or right of action against the District, the Architect or

the Inspector which does not otherwise exist.

8. Indemnity. Inspector shall indemnify, defend and save the District, its Board of

Trustees, officers, agents, and employees harmless from any and all claims, damages, losses,

causes of action and demands, including reasonable attorney's fees and costs, incurred in

connection with or in any manner arising out of Inspector's performance of or failure to perform

any of the duties contemplated by this Agreement or for any tax liability arising out of this

Agreement.

9. Taxes. Inspector shall be liable and solely responsible for paying all required

WC088575 {SR120360.DOC}6

taxes including, but not limited to, federal and state income taxes and social security taxes.

Inspector agrees to indemnify, defend and hold the District harmless from any liability which

Inspector may incur to the Federal or State governments as a consequence of this Agreement.

All payments to the Inspector shall be reported to the appropriate State and Federal tax

authorities as required.

10. Insurance. The Inspector shall purchase and maintain insurance that will protect

the Inspector from the claims set forth below that may arise out of or result from the Inspector's

performance of services or failure to perform services required by this Agreement:

a. Claims under Workers' Compensation, disability benefits and other similar

employee benefits acts that are applicable to the work performed;

b. Claims for damages because of bodily injury, occupational sickness or disease

or death of Inspector’s employees, agents or invitees;

c. Claims for damages because of bodily injury or death of any person;

d. Claims for damages insured by usual personal injury liability coverage that are

sustained (1) by any person as a result of an offense directly related to the employment of such

person by the Inspector or (2) by any other person;

e. Claims for damages, other than to the work itself, because of injury to or

destruction of tangible property, including loss of use therefrom; or

f. Claims for damages because of bodily injury or death of any person or property

damage arising out of the ownership, maintenance or use of any motor vehicle.

The Inspector’s comprehensive general and automobile liability insurance shall be

written for not less than the following limits of liability:

Comprehensive General Liability

Personal Injury: Property Damage:

$___________ Each Occurrence $__________ Each

Occurrence

$___________ Aggregate $__________ Aggregate

WC088575 {SR120360.DOC}7

Comprehensive Automobile Liability

Bodily Injury: Property Damage:

$___________ Each Person $__________ Each

Occurrence

$___________ Each Occurrence

11. Termination of Agreement.

a. District may unilaterally terminate this Agreement for any reason, in its

absolute discretion, by giving Inspector seven (7) days written notice of termination.

b. This Agreement may also be terminated by either party upon seven (7)

days written notice should the other party fail substantially to perform their duties or for any

material breach under this Agreement.

c. In the event of termination, the Inspector shall be compensated for all

services satisfactorily performed to the termination date and, if terminated under subparagraph

(a) above, any costs incurred by reason of such termination; but less any amounts the District is

entitled to withhold under law or this Agreement.

12. Successors and Assigns. The District and the Inspector, respectively, bind

themselves, their successors, assigns, and representatives to the other party to this Agreement,

and to the partners, successors, assigns, and legal representatives of such other party with respect

to all terms of this Agreement. Neither District nor the Inspector shall assign or transfer any

interest in this Agreement without the written consent of the other.

13. Notices. All payments and any notices or communications under this Agreement

shall be in writing and shall be deemed to be duly given if served personally on the party to

whom it is directed or shall be deemed served when deposited in the United States Mail, certified

or registered mail, return receipt requested, postage prepaid, and addressed in the case of:

Inspector: ___________________________

WC088575 {SR120360.DOC}8

___________________________

___________________________

District: ______ School District

Attn: ______,

_____________

_______ California ____

14. Governing Law and Venue. This Agreement shall be governed by the laws of the

State of California, excluding its choice of law rules. Any action or proceeding seeking any

relief under or with respect to this Agreement shall be brought solely in the Superior Court of the

State of California for the County of __________, subject to transfer of venue under applicable

State law, provided that nothing in this Agreement shall constitute a waiver of immunity to suit

by the District.

15. Severability. If any provision of this Agreement shall be held invalid or

unenforceable by a court of competent jurisdiction, such holding shall not invalidate or render

unenforceable any other provision of this Agreement.

16. Amendment. This Agreement cannot be changed or supplemented orally and may

be modified or superseded only by written instrument executed by all parties.

17. Compliance with Law. While performing the services contemplated by this

Agreement, Inspector agrees to comply with all applicable laws and regulations.

18. Requests. Inspector agrees to timely and properly complete all reports requested

by the _____ or the Architect or as required by law. In addition, Inspector agrees that all reports

and other records created or maintained by Inspector shall be the District’s sole property.

19. Counterparts. This Agreement may be executed in counterparts such that the

signatures may appear on separate signature pages. A copy, or an original, with all signatures

appended together, shall be deemed a fully executed Agreement.

20. Interpretation. The language of all parts of this Agreement shall, in all cases, be

construed as a whole, according to its fair meaning, and not strictly for or against either party.

{SR120360.DOC}WC088575

21. Work Records. All documents, daily logs, and any other written work product

generated by Inspector shall be deemed to be the sole and exclusive property of District.

22. Entire Agreement. This Agreement constitutes the entire Agreement between the

parties and supersedes all prior negotiations, representations, or agreements, either written or

oral.

23. Binding Effect. This Agreement shall inure to the benefit of and shall be binding

upon the Inspector and the District and their respective successors and assigns.

The parties have executed this Agreement in ___________________, County,

California.

INSPECTOR:

Date: ______________, _____

By: ___________________________

______________________________ SCHOOL DISTRICT:

Date: ______________, _____

By: ___________________________

WC088575 {SR120360.DOC}10

EXHIBIT “A”

Payments

For services satisfactorily performed, and based on invoices properly documented and

submitted, Inspector shall be compensated as follows: