HomeMy WebLinkAboutContracts & Agreements_137-2008_CCv0001.pdf AGREEMENT TO FURNISH PROFESSIONAL SERVICES
This agreement for engineering and assessment services ("Agreement") is made and
entered into this �l,{` day of August, 2008 ("Effective Date"), by and between the City of
Redlands, a municipal corporation ("City") and Knapp & Associates, Inc. ("Consultant"). City
and Consultant are sometimes individually referred to herein as a "Party" and, together, as the
"Parties."
In consideration of the mutual promises contained herein, City and Consultant agree as
follows:
ARTICLE 1 -ENGAGEMENT OF CONSULTANT
1.1 City hereby engages Consultant to perform a structural engineering survey and an
assessment of the structural condition of Safety Hall (the "Services"). The specific
Services which Consultant shall perform are more particularly described in Exhibit "A,"
entitled "Scope of Services," which is attached hereto and incorporated herein by this
reference.
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 the
Services to City at a level of competency presently maintained by other practicing
professional consultants in the industry providing like and similar types of services.
1.3 Consultant shall comply with all applicable Federal, State and local laws and regulations
in the performance of its obligations under this Agreement including, but not limited to,
the Americans with Disabilities Act and the Fair Employment and Housing Act.
ARTICLE 2 - RESPONSIBILITIES OF CITY
2.1 City shall make available to Consultant information in its possession that may assist
Consultant in performing the Services; and provide Consultant with reasonable access to
City-owned property.
ARTICLE 3 - PAYMENT AND NOTICE
3.1 The total compensation for Consultant's performance of the Services shall not exceed the
amount of Five Thousand Dollars ($5,000.00). City shall pay Consultant at the rate of
Two Hundred Dollars($200.00)per hour.
3.2 Consultant shall submit an invoice to City upon conclusion of the Services describing the
work performed. Consultant's invoice shall include a brief description of the Services
performed, the date the Services were performed, the number of hours spent and by
whom, and a description of reimbursable expenses, if any. City shall pay Consultant no
later than thirty (30) days after receipt and approval by City of Consultant's invoice,
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provided (1) the Services reflected in the invoice were performed to the reasonable
satisfaction of City in accordance with the terms of this Agreement, and (2) that all
expenses, rates and other information set forth in the invoice are consistent with the terms
and conditions of the Agreement.
3.3 All notices shall be given in writing by personal delivery or by mail. Notices, sent by
mail should be addressed as follows:
City: Tina Kundig, Finance Director
City of Redlands
PO Box 3005
Redlands, CA 92373
Consultant: Leonard C. Knapp
Knapp& Associates, Inc.
408 So. Stoddard Avenue
San Bernardino, CA 92401
When so addressed, such notices shall be deemed given upon deposit in.the United States Mail.
Changes may be made in the names and addresses of the person to who notices and payments are
to be given by giving notice pursuant to this section.
ARTICLE 4 - INSURANCE AND INDEMNIFICATION
4.1 All insurance required by this Agreement shall be maintained by Consultant for the
duration of its performance of the Services. Consultant shall not perform any Services
unless and until all required insurance listed below is obtained by Consultant. Consultant
shall provide City with certificates of insurance and endorsements evidencing such
insurance prior to commencement of the Services. All insurance policies shall include a
provision prohibiting cancellation of the policy except upon thirty (30) days prior written
notice to City.
4.2 Workers Compensation and Employer's Liability.
Consultant shall secure and maintain Workers Compensation and Employer's Liability
insurance throughout the duration of this Agreement in accordance with the laws of the
State of California, with an insurance carrier acceptable to City.
4.3 Hold Harmless and Indemnification. Consultant shall defend, indemnify and hold
harmless City and its elected officials,employees and agents from and against any and all
claims, losses or liability, including attorneys fees, arising from injury or death to
persons or damage to property occasioned by Consultant's and its officers', employees'
and agents' sole negligent acts or omissions in performing the Services.
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4.4 Assignment. Consultant is expressly prohibited from assigning any of the Services
without the express prior written consent of City. In the event of agreement by the
Parties to assign a portion of the Services, Consultant shall add the assignee as an
additional insured and provide City with the insurance endorsements required by this
Agreement prior to the performance of any Services by the assignee. Assignment does
not include printing or other customary reimbursable expenses that may be provided for
in this Agreement.
4.5 Comprehensive General Liability Insurance. Consultant shall secure and maintain in
force throughout the term of this Agreement comprehensive general liability insurance
with carriers acceptable to City. Minimum coverage of One Million Dollars ($1,000,000)
per occurrence and Two Million Dollars ($2,000,000) aggregate for public liability,
property damage and personal injury is required. City shall be named as an additional
insured. Such insurance shall be primary and non-contributing to any insurance or self-
insurance maintained by City.
4.6 Professional Liability Insurance. Consultant shall secure and maintain professional.
liability insurance throughout the term of this Agreement in the amount of One Million
Dollars($1,000.000) per claim made.
4.7 Business Auto Liability Insurance. Consultant shall have business auto liability
coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence,
combined single limit for bodily injury liability and property damage liability. This
coverage shall include all Consultant owned vehicles used in connection with
Consultant's provision of the Services, hired and non-owned vehicles, and employee non-
ownership vehicles. Such insurance shall be primary and non-contributing to any
insurance or self insurance maintained by City. City shall be named as an additional
insured.
ARTICLE 5 -CONFLICTS OF INTEREST
5.1 Consultant covenants and represents that it does not have any investment or interest in
real property and shall not acquire any interest,direct or indirect, that is subject of this
Agreement or any other source of income, interest in real property or investment which
would be affected in any manner or degree by the performance of Consultant's Services.
Consultant further covenants and represents that in the performance of its duties
hereunder, no person having any such interest shall perform any Services under this
Agreement.
5.2 Consultant agrees it is not a designated employee within the meaning of the Political
Reform Act because Consultant:
A. Does not make or participate in:
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(i) the making or any governmental decisions regarding approval of a rate,
rule or regulation, or the adoption or enforcement of laws;
(ii) the issuance,denial, suspension or revocation of permits, licenses,
applications, certifications,approvals, orders or similar authorizations or
entitlements;
(iii) authorizing City to enter into, modify or renew a contract;
(iv) granting City approval to a contract that requires City approval and to
which City is a party, or to the specifications for such a contract;
(v) granting City approval to a plan, design, report, study or similar item;
(vi) adopting, or granting City approval of. policies, standards or guidelines for
City or for any subdivision thereof.
B. Does not serve in a staff capacity with City and in that capacity participate in
making a governmental decision or otherwise perform the same or substantially all the
same duties for City that would otherwise be performed by an individual holding a
position specified in City's Conflict of Interest Code under Government Code section
87302.
5.3 In the event City officially determines that Consultant must disclose its financial interests
by completing and filing a Fair Political Practices Commission Form 700, Statement of
Economic Interests,Consultant shall file the subject Form 700 with the City Clerk's
office pursuant to the written instructions provided by the Office of the City Clerk.
ARTICLE 6 -GENERAL CONSIDERATIONS
6.1 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, including fees for use
of in-house counsel by a Party
6.2 Consultant shall not assign any of the Services to be performed under this Agreement,
except with the prior written approval of City and in strict compliance with the terms,
provisions and conditions of this Agreement.
6.3 All documents, records,drawings,designs, cost estimates,electronic data files,databases,
and other documents developed by Consultant pursuant to this Agreement, and any
copyright interest in such documents, 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 and any use of incomplete documents will be at City's sole risk.
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6.4 Consultant is for all purposes an independent contractor. Consultant shall supply all tools
and instrumentalities required to perform the Services. 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.
6.5 Unless earlier terminated, as provided for below, this Agreement shall terminate upon
completion and acceptance of the Services by City.
6.6 This Agreement may be terminated by City, in its sole discretion and without cause, by
providing five (5) business days' prior written notice to Consultant(delivered by certified
mail, return receipt requested)of intent to terminate.
6.7 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.
6.8 Upon receipt of a termination notice, Consultant shall immediately discontinue all
services affected, and within five (5) days of the date of the termination notice, 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. Consultant shall be
compensated on a pro-rata basis for work completed up until notice of termination.
6.9 Consultant shall maintain books and accounts of all payroll costs and expenses related to
the Services. Such books shall be available at all reasonable times for examination by
City at the office of Consultant.
6.10 This Agreement., including the Exhibits incorporated herein by reference, represents the
entire agreement and understanding between the Parties as to the matters contained
herein,and any prior negotiations, written proposals or verbal agreements relating to such
matters are superseded by this Agreement. Any amendment to this Agreement shall be in
writing,approved by City and signed by City and Consultant.
6.11 This Agreement shall be governed by and construed in accordance with the laws of the
State of California.
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IN WITNESS WHEREOF, duly authorized representatives of the City and Consultant
have signed in confirmation of this Agreement.
CITY OF REDLANDS
ATTEST:
By:
Tina Kundig, Finance Director LorT` Poyze itClerk
KNAPP & ASSOCIATES, INC.
f
By
eon d C. Knapp
Oi08;08
EXHIBIT A-1
KNAPP & ASSOCIATES, INC.
408 So. Stoddard Ave, San Bernardino, CA 92401
Phone: (909) 889-0115 Fax: (909) 889-0455 Email: knappae(ciIaol.com
August 21, 2008
Rosemary Hoerning, P.E.
City of Redlands
35 Cajon St., Suite 15A
Redlands, CA 92373
STRUCTURAL SERVICE PROPOSAL
PROJECT DESCRIPTION
We are proposing to provide a structural engineering survey/assessment of the structural condition of the
Safety Hall, relative to seismic safety and gravity load capacity. This assessment shall be presented in a written
report by August 25, 2008. This service will include verbal presentations regarding our findings as requested
by the City of Redlands.
COMPENSATION
This work will be done on an hourly basis at $200 per hour, not to exceed $5,000.
KNAPP &ASSOCIATES, INC.
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8Y Date:
EXHIBIT A-2
KNAPP & ASSOCIATES, INC.
408 S. STODDARD AVENUE SAN BERNARDINO, CA 92401
(909) 889-0115 Fax (909) 889-0455
HOURLY RATES
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Senior Designer $100/hr.
Di'afting/CAD $ 75/hr.
Clerical $ 60/hr.
PRIMING AND SHIPPING RATES
11x17 copy $ .25/sht.
8 1/2 X11 COPY $ .15/sht.
24"x36" blue prints N/A
30"x42" blue prints N/A
24"x36" bond copy $ 5.00/sht.
30"x42"bond copy $ 6.00/sht.
34"x44"bond copy $ 6.00/sht.
24"x36"*Vellum copy $ 10.00/sht.
30"x42"Vellum copy $ 10.00/sht.
34"x44"Vellum copy $ 10.00/sht.
24"x36"CAD Plot $18.00/sht.
30"x42"CAD Plot $20.00/sht.
SHIPPING
Federal Express $60 min.
California Overnight $25 min
California Overnight(Gold) $50 min