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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 3 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 4 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.) 5