HomeMy WebLinkAboutContracts & Agreements_71-2000_CCv0001.pdf STANDARD AGREEMENT TO FURNISH
ENGINEERING CONSULTING SERVICES
This Agreement is made and entered into this 5' day of July, 2000 by and between the City of
Redlands, a municipal corporation(hereinafter "City")and Neal L. Smithhammer,Civil Engineer,
(hereinafter "Consultant").
In consideration of the mutual promises, hereinafter set forth, City and Consultant hereby agree
as follows:
ARTICLE I - ENGAGEMENT OF CONSULTANT
1.1 City hereby engages Consultant, and Consultant hereby accepts the engagement, to
perform professional engineering consulting services ("Services") for the Design of
Structural Retrofit for the Barton House Renovation (the "Project").
1.2 The Services shall be performed by Consultant in a professional manner, and Consultant
represents that it has the skill and the professional expertise necessary to provide high
quality Services for the Project at the level of competency presently maintained by other
professional engineering consultants in the industry providing similar types of services.
ARTICLE 2 - SERVICES OF CONSULTANT
2.1 The specific Services which Consultant shall perform are more particularly described in
Exhibit "A," entitled "Scope of Work," which is attached hereto and incorporated herein
by this reference.
ARTICLE 3 - RESPONSIBILITIES OF CITY
3.1 City shall make available to Consultant information in its possession that is pertinent to
the performance of Consultant's Services.
3.2 City will provide access to and make provisions for Consultant to enter upon City-owned
property or rights-of-way as required by Consultant to perform the Services.
3.3 City designates Tom T. Fujiwara, Assistant Public Works Director, to act as its
representative with respect to the Services to be performed under this Agreement.
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ARTICLE 4 - PERIOD OF SERVICE
4.1 Consultant shall perform the Services in a diligent manner and in accordance with the
Project Schedule set forth in Exhibit "B", which is attached hereto and incorporated herein
by this reference.
ARTICLE 5 - PAYMENTS TO THE CONSULTANT
5.1 The total compensation for Consultant's performance of the Services shall not exceed
$11,175 in accordance with Attachment C - Project Fee. City shall pay Consultant on a
time and materials basis at the hourly rates described in Exhibit "D" entitled "Rate
Schedule," which is attached hereto and incorporated herein by this reference.
5.2 Consultant shall bill City within ten days following the close of each month by submitting
an invoice to City indicating the Services performed to date, who performed the Services,
indirect costs, and the detailed cost of all Services. Payments by City to Consultant shall
be made within 30 days after receipt and approval of Consultant's invoice, by warrant
payable to Consultant.
5.3 All notices, shall be made in writing and may be given by personal delivery or by mail.
Notices, sent by mail shall be addressed as follows:
Ut Consultant
Tom T. Fujiwara Neal L. Smithharnmer, Civil Engineer
Public Works Department 1698 North Eucalyptus Avenue
35 Cajon Street, Suite 222 Rialto CA 92376
PO Box 3005
Redlands CA 92373
When so addressed, such notices shall be deemed given upon deposit in the United States Mail.
In all other instances, notice shall be deemed given at the time of actual delivery. Changes may
be made in the names and addresses of the person to whom notices, bills, and payments are to be
given by giving notice pursuant to this paragraph.
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ARTICLE 6 - INSURANCE AND INDEMNIFICATION
6.1 Consultant shall maintain professional liability insurance in the aggregate amount of
$1,000,000 with a minimum of$500,000 per occurrence. Consultant shall provide City
with certificates of insurance evidencing such insurance coverage prior to commencing the
Services.
6.2 Consultant shall indemnify, hold harmless and defend City and its elected officials,
officers, agents and employees from and against all claims, loss, damages, charges or
expense, to which it or any of them may be put or subjected to the extent that they arise
out of or result from any willful misconduct or negligent acts or omissions on the part of
Consultant, its contractors, its suppliers, anyone directly or indirectly employed by any of
them or anyone for whose acts or omissions any of them maybe liable in the performance
of the Services required by this Agreement.
ARTICLE 7 - GENERAL CONSIDERATIONS
7.1 In the event any action is commenced to enforce or interpret any of the terms or conditions
of this Agreement the prevailing party shall, in addition to any costs and other relief, be
entitled to the recovery of its reasonable attorneys' fees.
7.2 Consultant shall not assign any of the Services required by this Agreement, except with the
prior written approval of City and in strict compliance with the terms, provisions and
conditions of this Agreement.
7.3 Consultant's key personnel for the Project is Neal L. Smithhammer. Consultant agrees
that such key personnel shall be made available and assigned to the Project, and that they
shall not be replaced without prior concurrence by City.
7.4 All documents, records, drawings, designs, costs estimates, electronic data files and
databases and other Project documents developed by Consultant pursuant to this Agreement
shall become the property of City and shall be delivered to City upon completion of the
Services or upon the request of City. Any reuse of such documents for other projects and
any use of incomplete documents will be at City's sole risk.
7.5 Consultant is for all purposes an independent contractor. All personnel employed by
Consultant are for its account only, and in no event shall Consultant or any personnel
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7.5 Consultant is for all purposes an independent contractor. All personnel employed by
Consultant are for its account only, and in no event shall Consultant or any personnel
retained by it be deemed to have been employed by City or engaged by City for the
account of or on behalf of City.
7.6 Unless earlier terminated, as provided for below, this Agreement shall terminate upon
completion and acceptance by City of the Services.
7.7 This Agreement may be terminated by City, without cause, by providing thirty (30) days
prior written notice to Consultant(delivered by certified mail, return receipt requested) of
its intent to terminate.
7.8 If this Agreement is terminated by City, an adjustment to Consultant's compensation shall
be made, but (1) no amount shall be allowed for anticipated profit or unperformed
services, and (2) any payment due Consultant at the time of termination may be adjusted
to the extent of any additional costs to City occasioned by any default by Consultant.
7.9 Upon receipt of a termination notice, Consultant shall(1)promptly discontinue all services
affected,and(2)deliver or otherwise make available to City, copies(in both hard copy and
electronic form, where applicable), of any data, design calculations, drawings,
specifications, reports, estimates, summaries and such other information and materials as
may have been accumulated by Consultant in performing the Services required by this
Agreement.
7.10 Consultant shall maintain books and accounts of all Project related payroll costs and all
expenses. Such books shall be available at all reasonable times for examination by the City
at the office of Consultant.
7.11 This Agreement, including the exhibits incorporated herein by reference, represents the
entire agreement and understanding between the parties hereto as to the matters contained
herein, and any prior negotiations, proposals or oral agreements are superseded by this
Agreement. Any amendment to this Agreement shall be in writing, approved by the City
Council of City and signed by City and Consultant.
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7.12 This Agreement shall be governed by and construed in accordance with the laws of the
State of California.
IN WITNESS WHEREOF, duly authorized representatives of the City and Consultant have signed
in confirmation of this Agreement.
City of Redlands Neal L. Smithhammer, Civil Engineer
("City") ("Consultant")
r
By: By;
Mayor, City of Redlands eal L. S ammer
ATTEST:
City erk, Ci f jdlands
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EXHIBIT "A"
SCOPE OF WORK
1. Conduct an investigation of house foundation to verify seismic structural integrity based
on 1997 Uniform Building Code requirements. If any seismic retrofit is required,
determine the extent of retrofit, design and prepare plans, specifications and cost estimate
for the retrofit work necessary.
2. Conduct an investigation of structural members of the house to verify seismic structural
integrity based on 1997 Uniform Building Code requirements. If any seismic retrofit is
required on the members, determine the extent of retrofit, design and prepare plans,
specifications and cost estimate for the retrofit work necessary.
EXHIBIT "Bn
PROJECT SCHEDULE
The consulting work for the project will begin within one week of the execution of the Agreement
and is to be completed within 30 calendar days from the beginning of consulting work.
EXHIBIT "C"
NEAL L. SMITHHAMMER
CIVIL ENGINEER
1698 N. EUCALYPTUS AVE.
RIALTO, CA 92376
PHONE: (909) 875-2980
FAX: {909} 875-13 t 7
June 15, 2000
Mr. Ronald C. Mutter
Director of Public Works
City of Redlands Proposal Fee
PO Box 3005
Redlands, CA 92373
Re: Seismic Retrofitting of the Barton House
Dear Mr. Mutter:
My proposed fee is divided into two parts:
1. Engineering and plan preparation for seismic retrofitting*
Engineering, 50 hours at $100.00 per hr. $ 5,000.00
Drafting, 40 hours at $50.00 per hr. ....... ... $ 2,000.00
Total $ 7,000.00
2. Investigation of foundation integrity and masonry shear
tests byC.H.J. Inc. :
Foundation ..... ...... $ 1,300.00
Shear tests $ 2.875.00
Total ......... $ 4,175.00
GRAND TOTAL $11,175.00
Backhoe work for foundation depth investigation shall be provided by the
City forces.
Sincerely,
Neal L. mithhammer
NLS:ms
EXHIBIT "D"
MEAL, L. SMITHHAMMER
CIVIL. ENGINEER
1698 N. EUCALYPTUS AVE.
RIALTO, CA 92376
PHONE: (909) 875-2980
FAX: (909) 875-1317
June 15, 2000
Mr. Ronald C. tetter
Director of Public Works
City of Redlands
PQ Box 3005
Redlands, CA 92373
Re: Seismic Retrofitting of the Barton house
Dear ter. Mutter:
My hourly rates for engineering and plan preparation for seismic retrofitting are:
Engineering, $100.00 per hour;
Drafting, $54,99 per hour.
Sincerely,
Neat l . mithhammer
Nl_S:ms