Contract - Hoist - 2002-03-02 PROFESSIONAL SERVICES AGREEMENT FOR
COSTA MESA SANITARY DISTRICT CORPORATE YARD MAINTENANCE FACILITY
HOIST STRUCTURAL ENGINEERING DESIGN ANALYSIS
THIS AGREEMENT is made and entered into this 14TH day of Mirch , 2002, by and between
the COSTA MESA SANITARY DISTRICT a California Sanitary District, hereinafter referred to as
'DISTRICT' and TT Associates hereinafter referred to as 'CONTRACTOR
W TNESSFTH
WHEREAS, CONTRACTOR is a professional consulting structural engineering company
composed of licensed structural engineers; and is knowledgeable and competent to perform the
services described in this AGREEMENT and
WHEREAS, DISTRICT desires to utilize the services of CONTRACTOR to perform
substantial immediate work to structurally evaluate and recommend a corporate yard maintenance
facility hoist platform and hoist design is properly designed and installed to ensure the DISTRICT'S
sewer maintenance system facility remains filly functional and operational,
NOW THEREFORE, the parties agree as follows:
1 Scope of the Work
CONTRACTOR shall perform all the services described as follows.
a. CONTRACTOR shall perform structural engineering analysis of the DISTRICT'S four
inch slab maintenance facility located at 2310 Placentia Ave, Building `B, to enable the
safe and cost-effective design and installation of one CraneVcyor Corporation Proposal
Crane System, Model #2000-S-10-23-23-20 as described in Exhibit A including the
following specifications:
a. 2000 lb capacity
b. 12 6' overall height
c. 22 runway length
d. 25' bridge length
e. Electric chain hoist YEL1 10TH16S 1
b. CONTRACTOR shall provide written recommendations to the DISTRICT with
statistical analysis to account for the following as a minimum for safe and cost-effective
hoist design and installation:
a. Footing calculations;
b. Floor loads/thickness analysis and proposed modifications if any
c. Hoist design specifications recommendation;
d. References to appropriate City of Costa Mesa maintenance facility structural
plans and soils analysis reports,
c. DISTRICT shall make available technical advisors and others who may contribute
important information pertaining to the Crane System and maintenance facility including
existing related documentation, facts, and history DISTRICT designates the DISTRICT
Staff, City of Costa Mesa Planning Department, and City of Costa Mesa Engineering
Division staff as liaison representatives to interface with CONTRACTOR.
2. Services Provides
CONTRACTOR shall provide all labor supervision and equipment required to perform said
structural engineering analysis services. CONTRACTOR shall produce a report with
recommendations signed and bearing the seal of a licensed structural engineer CONTRACTOR is
not responsible for actual installation of the recommended modifications (if any) or hoist installation
which is provided for in Exhibit A by CraneVeyor Corporation.
3 Supplies and Equipment
CONTRACTOR agrees to furnish the necessary equipment associated with
CONTRACTOR's services and assumes the risk of damage to any and all equipment furnished for
use under this AGREEMENT including, but not limited to, computer equipment or vehicles.
4 Compensation
CONTRACTOR shall be paid at an hourly rate of$135 00/hour, not to exceed a total fee of
$1350. CONTRACTOR shall invoice the DISTRICT directly through the City of Costa Mesa
Finance Department.
5 Business License
CONTRACTOR shall, have a valid business license for the jurisdiction in which it conducts
business.
6. Independent Contractor
The parties agree that CONTRACTOR is an independent contractor who is being paid to
produce a result. CONTRACTOR is in no way an employee of DISTRICT CONTRACTOR
controls the means of accomplishing the work. CONTRACTOR shall pay all Federal and State
payroll taxes for employees of CONTRACTOR and said employees shall in no way be deemed or
construed to be employees of the DISTRICT for any purpose.
7 Term
This AGREEMENT shall terminate on March 98 7009 unless all services have not been
provided, in which case it will renew on a monthly basis unless terminated.
8. Assignment
No assignment of this AGREEMENT may be made without the express written consent of
the DISTRICT
9 Termination
Either party shall have the right to terminate this AGREEMENT at a date earlier than
specified in paragraph 7 without cause,by giving 10 days written notice.
10. Nntire
The parties may give notice under this AGREEMENT by sending such notice certified mail
addressed as follows:
TO District: COSTA MESA SANITARY DISTRICT
77 Fair Drive, P 0 Box 1200
Costa Mesa, CA 92628
ATTN Thomas Fauth, Assistant Manager, CMSD
Voice: 714-754-5043
TO CONTRACTOR. JT Associates
Consulting Structural Engineer
Newport Beach, CA 92663
ATTN: Jerry Tucker
Voice: 949-645-2422
Such notice shall be deemed received five (5) days after mailing whether signed for or not.
11 Integration
This AGREEMENT constitutes the entire AGREEMENT and understanding between the
parties hereto, and it shall not be considered modified, altered, changed or amended in any respect
unless in writing and signed by the parties hereto.
12. No Waiver
The failure of the District at the time to require performance by the CONTRACTOR of any
provisions hereof shall in no way affect the right of the District thereafter to enforce same. Nor shall
waiver by the District of any breach of any provisions hereof be taken or held to be a waiver of any
succeeding breach of such provision or as a waiver of any provision itself.
13 Indemnity
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Except for professional services, CONTRACTOR agrees to indemnify defend and hold
harmless the District, its officers, agents, employees and volunteers from any claims or liability
arising out of the performance of this AGREEMENT save and except that caused by District's sole
active negligence. With respect to professional services, CONTRACTOR shall indemnify and hold
harmless DISTRICT for all losses, liabilities and costs caused by the negligence of
CONTRACTOR.
14 Insurance. Contractor shall be required to have and maintain insurance as described in
Exhibit R
15 Attorney's Fees
The parties agree that should any dispute arise concerning the interpretation of this
AGREEMENT or regarding the performance or non-performance of this AGREEMENT that the
prevailing party shall be entitled to reasonable attorney's fees.
WITNESS WHEREOF the parties hereto have set their hands and seals the day and year
first above written.
COSTA MESA SANITARY DISTRICT
By ,, /
President, v
•
By-
Secretary 2
CONTRACTOR
BY' /7-;; 7;1°4 _ —
Title: /0..a-4=3,.Arnir
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EXHIBIT B
Commercial General Liability Insurance
Professional Liability Insurance
(CONTRACTOR shall provide proof of such coverage in amounts and form as the DISTRICT
specifies in attached CMSD Ordinance 36.)
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