HomeMy WebLinkAboutContracts & Agreements_24-2002_CCv0001.pdf AGREEMENT TO FURNISH CONSULTING SERVICES
FOR
THE REDLANDS SPORTS PARK AND THE REDLANDS LNTG/LCNG FUELING STATION
This Agreement is made and entered into this 19th day of February. 2002,-,by and between the
City of Redlands,a municipal corporation("City") and Smith Surveying Company("Consultant").
In consideration of the mutual promises contained herein, City and Consultant agree as follows:
ARTICLE I - ENGAGEMENT OF CONSULTANT
1.1 City hereby engages Consultant to perform engineering design services which is more
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particularly described in Exhibit "A" attached hereto and incorporated herein by this
reference (the "Engineering Services") for the survey and aerial orthopohotograph of the
soccer complex properties and the LNG/LONG Fueling Station properties (the "Project").
1.2 All work performed by Consultant under this Agreement shall be done in a professional
manner, and Consultant represents that it is skilled and has the professional expertise
necessary to provide high quality Services to City.
ARTICLE 2 - RESPONSIBILITIES OF CIT
2.1 City shall place at the disposal of Consultant all available information In its possession
pertinent to the Project.
2.2 City will provide access to and make all provisions for Consultant to enter upon property
as required by Consultant to perform the Services under this Agreement.
2.3 City will designate in writing a person to act as City's representative with respect to the
Engineering Services to be performed under this Agreement, and such person shall have
complete authority to transmit instructions, receive information, interpret and define City's
policies and decisions with respect to materials,equipment,elements,and systems pertinent
to the Engineering Services covered by this Agreement.
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ARTICLE 3 - RESPONSIBILITIES OF CONSULTANT
3.1 Consultant shall perform the Engineering g Services promptly and shall prosecute them
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diligently in accordance with the schedule attached hereto and incorporated herein as Exhibit
ARTICLE 4 - PAYMENTS TO CONSULTANT
4.1 For the performance of the Services,City will pay Consultant a fee not to exceed S47,8 10.00
as a lump sum for the engineering services described in Exhibit"B."
4.2 Payments by City to Consultant shall be made within 30 days after receipt and approval of
Consultant's hereinabove invoice,by warrant payable to Consultant.
All notices, bills and payments shall be made in writing and may be given by personal
delivery or by mail. Notices, bills, and payments sent by mail should be addressed as
follows:
City Bill Hemsley, Civil Engineer
City of Redlands
Public Works Department
P.O. Box 3005
Redlands, CA 92373
Consultant Minor Smith
Smith Surveying
PO Box 519
Big Bear City, CA 92314
When so addressed, such notices shall be deemed given upon deposit in the United States
Mail;in all other instances,notices,bills and payments 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 5 - INSURANCE AND SEN NTICATION
5.1 Worker-s. Co=ensation and EMployer's Liability.
A. Consultant shall have Worker's Compensation and Employer's Liability insurance in
force throughout the duration of the contract in an amount which meets the statutory
requirement with an insurance carrier acceptable to City. Such insurance shall be
primary and non-contributing to any insurance or self-insurance maintained by the City.
City shall be named as an additional insured and the insurance policy shall include a
provision prohibiting cancellation of said policy except upon thirty (30) days prior
written notice to City. Certificates of Insurance shall be delivered to City within fifteen
(15) days of execution of the agreement.
B. Consultant expressly waives all rights to subrogation against the City, its officers,
employees and volunteers for losses arising from work performed by Consultant for City
by expressly waiving Consultant's immunity for injuries to Consultant's employees and
agrees that the obligation to indemnify, defend and hold harmless provided for in this
Agreement extends to any claim brought by or on behalf of any employee of Consultant.
This waiver is mutually negotiated by the parties. This shall not apply to any damage
resulting from the sole negligence of City, its agents and employees. To the extent any
of the damages referenced herein were caused by or resulted from the concurrent
negligence of City,its agents or employees,the obligations provided herein to indemnify,
defend and hold harmless is valid and enforceable only to the extent of the negligence
of Consultant, its officer, agents and employees.
5.2 Hold Harmless and Indemnification. Consultant shall indemnify,hold harmless and defend
City and its elected officials, agents, and employees from and against any and all claims,
losses or liability,including attorney's fees,arising from injury or death to persons or damage
to property occasioned by any act, omission or failure of Consultant, its officer, agents and
employees in performing the Engineering Services required by this Agreement.
5.3 Assignment. Consultant is expressly prohibited from subletting or assigning any of the
services covered by this Agreement without the express written consent of City. Assignment
does not include printing or other customary reimbursable expenses that may be provided in
this Agreement.
5.4 Com rehensive General Liability Insurance. Consultant shall secure and maintain in force
throughout the duration of the contract comprehensive general liability insurance with
carriers acceptable to City. Minimum coverage of one million dollars ($1,000,000) per
occurrence and two million dollars (52,000,000) aggregate for public liability, property
damage and personal injury is required. City shall be named as an additional insured and the
insurance policy shall include a provision prohibiting cancellation of said policy except upon
thirty(30)days prior written notice to the City. Such insurance shall be primary and non-
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contributing to any insurance or self-insurance maintained
t execution City.his Ag ates of insurance
shall be delivered to City within fifteen(15) day
5 5 professional Liability Insurance. Consultant shall have professional liability insurance in the
per occurrence and two million dollars
($2,000,000) aggregate throughout
amount of one million dollars
$ha term of of this Agreement.
5.6 Business Auto Liability Insurance. Consultantshall
occurrence,combined single limit for
with minimum limits of one million($1,000000)p
bodily injury liability and property damage liability. This coverage shall include all
on the project,hired and non-owned vehicles,and employee
consultant awned vehicles used
non-ownership vehicles.
A TICLE 6 - GENERAL CONSIDERATIONS
of the terms or conditions
6.1 In the event any action is commenced to halnfor n or interpret any
addition to any costs and ober relief, be
of this Agreement the prevailingarty
entitled to recover its reasonable attorneys' fees.
6.2 Consultant shall not sublet or assign any
of the Services to be performed under his
Agreement,except with the prior written approval of the City and in strict compliance with
the terms,provisions, and conditions of this Agreement.
6.3 The Consultant's key personnel proposed for this project are as follows:
Minor Smith
Consultant agrees that these key people will be made available and assigned to City's Project,
and that they will not be replaced without concurrence from the City.
5.4 All documents., records, drawings, aerial photograph
prints evelo c d by Consultant pursuant
negatives, designs and
specifications,cost estimates,and otherProject documentsP
to this Agreement shall become the property of City and shall be delivered to City at City's
request. Any reuse of such documents for other projects and any use of incomplete
documents will be at City's sole risk.
6.5 Consultant and City agree that Consultantservices all provided pursuaurposes nt to this Agreement and
er this Agreement, an
independent contractor with respect to the to
not an employee of City. All qualified personnel provided
Coi dant foby r Consultant accopursuant
scanonlyt and in
provisions of this Agreement are to be employed y
no event shall Consultant or any personnel retained by him be deemed to have been
employed by City or engaged by City for the account of or on behalf of City. Nothing in this
Agreement shall be considered to create the relationship of employer and employee between
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the parties.
inated as stipulated below, this Agreement shall terminate upon
6.6 Unless earlier term
completion and acceptance by City of the Engineering Services.
6.7 Upon receipt of a termination notice, Consultant shall(1)promptly discontinue all services
and (2) deliver or otherwise make available to City, copies of data, design calculations,
drawings, specifications, reports, estimates, summaries, and such other information and
materials as may have been accumulated by Consultant in performing this Agreement.
including the attachments incorporated herein by reference,represents the
6.8 This Agreement, osals or
entire agreement and understanding between the parties and any negotiations,prop
oral agreements are intended to be integrated herein and to be superseded by this written
Agreement. Any supplement or amendment to this Agreement to be effective shall be in
writing and signed by City and Consultant.
6.9 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 parties have signed in confirmation
of this Agreement.
CITY OF REDLANDS ATTEST:
7�-
B
Mayor City lerk
Date Feb. 19, 2002
SMITH SURVEYING COMPANY
Date
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EXHIBIT A
ENGINEERING SERVICES
FOR
THE REDLANDS SPORTS PARK AND THE REDLANDS LNGILCNG
FUELING STATION
PROJECT nF.9CRIPTION
The project consists of surveying and providing 7 digital, 8-041°45 & 46 168 0ph of e1-2ports
1 &
Park Project (Assessor Parcel Numbers: 168
22, 168-091-02, 05, & 09) and the City Corporate Project
survey shall include
Numbers: 169-351-01, 05 & 06, and 292-192-19). The aerial a
the full street right-of-way in front of the properties for both projects. Listed below is the
scope of work for the two projects:
SCOPE OF SERVICES
1. Provide a digital orthophoto graph in black whiteof theadtla d a ale operties
mentioned above at a map scale of 1 photographs
315'.
2. Provide 1-foot contours.
3. Provide the ground survey (targeting and ground control) necessary to prepare the
orthophoto and DTM. Use NAD83 Datum.
4. Provide property boundaries, and street centerlines.
5. Provide a digitized drawing in a format compatible with AutoCAD 2001 (TIFF or
JPEG).
6. Original 9" x 9" photographs from the flight line and the negatives shall be
provided to the City of Redlands.
7. Mapping shall include as a minimum,
line work that represents the edge of
tility features, drainage features, and building
pavement, curb and gutter, visible u
outlines. Additional mapping may be needed for quality control and vertical
accuracy. When viewed in AutoCAD, the mapped features shall overlay to within
0.5' of the features shown in the digital orthophotograph.
S. The project shall conform to the National Map Accuracy Standards.
9. Where a record of survey has not been recorded for any of the listed properties,
one shall be provided with this contract.
10. Existing streets fronting the properties shall be field surveyed for elevations at
IN centerline every 100 feet. And besides the proposed control points for the
Corporate Ward site, an additional 10 points shall be surveyed at locations
ing submittal.
specified by the City. These points shall be included in the draw
EXHIBIT B
PROJECT SCHEDULE
FOR
THE REDLANDS SPORTS PARK AND THE REDLANDS LNG/LCNG
FUELING STATION
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The project schedule is as follows:
Notice to Proceed: February 20, 2002
Aerial Photograph Prints: March 7, 2002
Digital Orthophotograph March 20, 2002
EXHIBIT C
CONSULTING FEE
FOR
THE REDLANDS SPORTS PARK AND THE REDLANDS LNG/LONG
FUELING STATION
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The cost to perform the agreed on scope of work is a lump sum amount of$20,226.00.
The cost break-down is as follows:
A. Consulting,.Services for the Shorts Park: $11,848.00
B. Consultin Services for the LNG/LONG Fuel Sta.* $8,378.00
TOTAL DESIGN COST $20,226.00
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