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HomeMy WebLinkAboutContracts & Agreements_13-1979_CCv0001.pdf AGREEMENT THIS AGREEMENT, made and entered into this 6th day of �Iarcli, 1979 by and between City of Redlands, of the County of San Bernardino, State of California, hereinafter referred to as "01KNER", and James M. Montgomery, Consulting Engineers, Inc. , hereinafter referred to as the "ENGINEER": WITNESSETH WHEREAS, the OWNER has been requested by the Department of Transportation, State of California, hereinafter referred to as "STATE" to employ a consulting engineer to prepare the necessary plans for the adjustment of the OWNER'S water and sewer pipeline facilities to accommodate the construction of Route 30 between R31.8 and R33.3, hereinafter referred to as the Project. WHEREAS, it is the purpose of this agreement to provide for the services to be rendered by the ENGINEER to the OWNER to perform certain engineering services pertinent to the Project. NOW, THEREFORE, in consideration of the premises and mutual benefit which will accrue to the parties hereto in fulfilling the terms of this agreement, it is mutually understood and agreed to as follows: Section I. The ENGINEER agrees to furnish complete and adequate engineering plans, specifications and cost estimates and to perform the various engineering services pertinent to the above-named Project consistent with good engineering practice and more specifically outlined as follows: A. Construction Plans and Specifications Prepare engineering plans, specifications and final cost estimate for the Project work, assist in securing and analyzing bids for construction, assist in letting of contract, consultation and advice during construction, review estimates for payments to Contractor, final inspection of the completed work and general engineering supervision. Engineering plans will be drawn on vellum or linen to scales to adequately show the details of construction to enable contractors to submit proper bids and accomplish the proposed work. The plans will also show existing topography, finished grades, construction details and other pertinent features of the work. Specifications will include all required contract documents, general and special conditions, bid forms and bonds and detailed conditions. B. 'Surveys and special services specifically included in the services to be performed under this contract are topography surveys for study or final design, construction staking, soil compaction tests during construction, full time or detailed inspection of any features of the work, and payment of any fees required by public agencies, and preparation of "as built" construction drawings. C. Any additional professional engineering services falling within the general scope of the project, which may be specifically ordered by the OWNER, and which has not been included in Items A and B of Section I. All additional work shall be ordered in writing and shall include redesign after approval of prelimin- ary plans, changes in scope of work, delays causing additional expense to the ENGINEER, and services during readvertisement for bids for construction. Also, included as additional work would be subsurface soil investigations, R/W survey and legal descriptions, and processing change orders. Section II. The OWNER agrees to pay ENGINEER as compensation for the previously named professional services, fees as follows: A. All work required under Items A and B of Section I shall be paid for in accordance with the herein-stated Schedule "A" or as may be negotiated. Work required under Item C shall be negotiated at the time it is ordered or requested by the OWNER. B. Schedule "A" 1. Actual Salaries Senior Company Officer 4 hours $24.00 per man-hour $ 96.00 Principal Professional 80 hours $20.50 per man-hour $1,640.00 Supervising Professional 4 hours $14.00 per man-hour $ 56.00 Senior Professional 40 hours $11.50 per man-hour $ 460.00 Professional 120 hours $10.00 per man-hour $1,200.00 Associate Professional 40 hours $ 8.00 per man-hour $ 320.00 Senior Designer 40 hours $12.50 per man-hour $ 480.00 Designer 120 hours $10.00 per man-hour $1,200.00 Drafter 80 hours $ 8.00 per man-hour $ 640.00 Senior Resident Engineer 8 hours $12.00 per man-hour $ 96.00 Secretarial 20 hours $ 6.00 per man-hour $ 120.00 Resident Engineer- Inspector 160 hours $ 8.50 per man-hour $1,360.00 Survey Party (2-man) 40 hours $24.00 per crew-hour $ 960.00 Total Actual Salaries $ 8,628.00 Note: The actual salaries listed above will be effective to September 1, 1979. 2. Payroll Additives including Federal and State Unemployment Insurance, F.I.C.A. , Workmen's Compensation, Health Insurance, Vacation, and sick leave Total Salaries x 24% $8628 x .24 Total Payroll Additives $ 2,070.72 3. Overhead Charges including rent and utilities, office expense and telephone, insurance and tax, equipment rental and maintenance, legal and accounting, miscellaneous expense Total Salaries x 116% $8628 x 1.16 Total Overhead Charges $10,008.48 4. Fixed Fee $ 3,106.08 5. Miscellaneous Costs Mileage @ 17�/mi $ 300 Printing 400 Soil Compaction Testing 1,000 Other Miscellaneous Items 500 Total Miscellaneous Costs $ 2,200.00 S. Maximum Engineering Cost $26,013.28 7. Estimated Utility Relocation Cost with 15% for Construction Contingencies $152,605.00 Total Estimated Cost of Utility Relocation $178,618.28 C. Progress Payments shall be made as follows: Upon receipt of plans for construction, 80% of the time charges as billed and approved, 90% of the time charges upon award of construction contract less previous payments. Balance of fee or charges upon completion and acceptance of the work by OWNER. The OWNER will expedite such payment by State so as to minimize delay in paying ENGINEER. D. The maximum fee for the work described in Items A and B of Section I is estimated at $26,013.28 with actual payment to be in accordance with the above Items A, B, and C of Section II. In the event the total fees appear that they will exceed $26,013.28, an application for an amended total fee shall be made by the ENGINEER as soon as a determination can be made. Said application shall contain a revised estimate along with an explanation for the increases. E. Books, documents, papers, accounting records and other evidence pertaining to cost incurred shall be maintained and made avail- able at all reasonable times during the contract period and for four years from the date of final payment under the contract, for inspection by STATE, Federal Highway Administration, or any authorized representatives of the Federal Government and copies thereof shall be furnished if requested. Section III. Progress of the Work ENGINEER will proceed with the work in a Professional and expeditious manner at the direction of the OWNER, to the end that actual construction of the Project work shall start on or before the first day of June 1.979 and completed on or before September 1, 1979. Section IV. Access The OWNER shall assist ENGINEER in obtaining access to any private property where such access is essential to the pro- secution of the project. Section V. Insurance The ENGINEER agrees to maintain in full force during the life of the contract the following insurance: A. Comprehensive public liability insurance in the amount of Two Hundred Thousand Dollars ($200,000) for any occurrence resulting in bodily injury to or the death of any one person, and in the amount of Five Hundred Thousand Dollars ($500,000) for an occurrence resulting in bodily injury to or death of more than one person. B. Automobile property damage liability in the amount of One Hundred Thousand Dollars ($100,000) . C. Property damage liability for other than automobile in the amount of One Hundred Thousand Dollars ($100,000) each accident. Section VI. Termination The OWNER may terminate this contract any time upon written notice to Engineer. In the event of such termination of the entire project or any portion thereof, by OWNER, ENGINEER shall be paid for the work performed on the basis of Schedule "A". Section VII. Ownership of drawing, tracings and master copies of documents, survey notes and studies shall remain the property of the OWNER and shall be submitted after completion of construction. Section VIII. The ENGINEER and OWNER each binds himself, successors, executors, administrators and assigns, to the other party of this agree- ment and to the successors, executors, administrators and assigns of such party in respect of all covenants of this agreement. Except as provided otherwise, neither party shall assign, sublet or transfer his interest in this agreement with- out the written consent of the other party thereto. OWNER AND ENGINEER hereby agree to comply fully with all of the provisions of "Appendix A" which is attached and which is incorporated in fully herein by this reference. "Appendix A" will be applicable in Utilities Agreement only in those cases where the OWNER does not perform the relocation work with its own forces. IN WITNESS WHEREOF, the parties hereto have affixed their hands and seals this day of JAMES. M. MONTGOMERY, CONSULTING ENGINEERS, INC. CITY OF REDLAND ENGINEER OWNER By x 24;4 Z71-f _ B�- Philip Gatsoulis yor) Vice President ByBY Miles E. Wall an Vice President CERTIFICATION OF CONSULTANT I hereby certify that I am a vice-president and duly authorized repre- sentative of the firm of James M. Montgomery, Consulting Engineers, Inc. whose address is 555 East Walnut Street, Pasadena, California 91101, and That, except as expressly stated and described herein, neither I nor the firm of James M. Montgomery, Consulting Engineers, Inc. has, in connection with its contract with City of Redlands, entered into pursuant to provisions of an agreement between the aforementioned utility and the State of California, as a part of Federal-aid project I (a) employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm, company, or person, other than a bona fide employee working solely for me or the aforementioned firm, to solicit or secure the contract, or (b) agreed, as an express or implied condition for obtaining the award of the contract, to employ or retain the services of any firm, company, or person in connection with the carrying out of the contract, or (c) paid, or agreed to pay, to any firm, company, organization, or person, other than a bona fide employee working solely for me or the afore- mentioned firm, any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the contract. (Statement and explanation of exceptions, if any) : I acknowledge that this certificate is to be furnished to the Department of Transportation and the Federal Highway Administration, U.S. Department of Commerce, in connection with the aforementioned project involving participating of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Vanua a 31, 1979 Miles E. Wollam AMENDMENT NO. 2 TO AGREEMENT AND TO INIT IATL A!4ENDMENT FOR ENGINEERING SERVICES THIS AGREEMENT, made and entered into this day of by and between the City of Redlands, County c_JrSan Bernardino, State of California, hereinafter referred to as "OWNER" and James M. Montgomery, Consulting Engineers, Inc. , hereinafter referred to as the "ENGINEER" as an amendment to an Agreement dated March 6, 1979 and an initial Amendment thereto dated April 1, 1980. Said Agreement and said initial Amendment were for engineering services to prepare plans for adjust- ment of OWNER's water and sewer pipeline facilities to accommodate the construction of Route 30 between 831.8 and 833.3. WITNESSETH VFHEREAS, the basis of compensation in said Agreement I and said initial Amendment was determined on an estimate of: -time to complete the services outlined in said Agreement and said initial Amendment; and WHEREAS, it was necessary to replace the water pipeline in San Bernardino A'venue from Street Station 1186+50 to 1189+51 and from Station 1190+31 to 1194+70 because the existing 2-inch pipeline was too shallow and interfered with pavement improvements; and WHEREAS, it was necessary to relocate water appurtenances such as fire hydrant riders, blow-off assemblies, and air vacuum and air release assemblies due to revised Caltrans project drawings; and WHEREAS, it was necessary to provide additional engineering services for said San Bernardino Avenue water main replacement and said water appurtenance relocations; and WHEREAS, it was necessary to provide additional construction inspection services because the Contractor elected to install the water and sewer facilities in separate phases rather than concurrently as had originally been projected; and WHEREAS, it is the desire of both parties to amend said Agreement and said initial Amendment to provide for the above engineering services. NOW THEREFORE, in consideration of these premises and of the. mutual benefit which will accrue to the parties hereto in fulfulling the terms of said Agreement and said initial Amendment, it is mutually understood and agreed to as follows: A. Section II(B) of said Agreement should be: Schedule "A" 1. Actual Salaries to September 1, 1979 Principal Professional 94 hours $20.50 per an cur $1,927.00 Supervising Professional 5 hours $14.00 per man-hour $ 70.00 Professional 86 hours $10.00 per ran-hour $ 860.00 Associate Professional 380 hours $8.00 per man-hour $3,040.00 Designer 109 hours 510.00 per man-hour $1,090.00 Drafter 3 hours $8-00 i,er man-hour $ 24.00 Survey Party (2-man) 46 hours $24.00 per crew hour $1,104-00 Subtotal Actual Salaries to September 1, 1979 $8,115.00 2. Actual Salaries after September 1, 1.979 Senior Company Officer 4 hours $24.00 per man-hour $ 96.00 Principal Professional 100 hours $21.00 per man-hour 2,100.00 Supervising Professional 28 hours $15.50 per man-hour $ 434.00 Senior Professional 35 hours $12.50 per man-hour $ 437.50 Professional 100 hours $10.50 per man-hour $1,050.00 Associate Professional 4 hours $8.50 per man-hour $ 34-00 Senior Designer 15 hours $13.00 per man-hour $ 195.00 Designer 60 hours $10.50 per man-hour $ 630-00 Drafter 8 hours $9.00 per man-hour $ 72.00 Senior Resident Engineer 290 hours $13.00 per man-hour $3,770.00 Secretarial 20 hours $7.00 per man-hour $ 140-00 Resident Engineer- Inspector 8 hours $9.00 per man-hour $ - 72-00 Survey Party (2-man) 48 hours $26.50 per crew-hour $1,272.00 Subtotal Actual Salaries After September 1, 1979 $10,302.50 Grand Total 18,417.50 3. Payroll Additives including Federal and State Unemployment Insurance, F.I.C.A. , Workmen's Compensation, Health Insurance, Vacation, and sick leave Total Salaries x 24% $18,417.50- x .24 Total Payroll Additives $4,420.20 4. Overhead Charges including rent and utilities, office expense and telephone, insurance and tax, equipment rental and maintenance, legal and accounting, miscellaneous expense Total Salar--esx 116% $18,417.50 x 1.16 Total Overhead.Charqes $21,364-30 5. Fixed Fee 15% $44, 200 x .15 6,630.30 6. Miscelleneous Costs mi-_'Leage @ l7y'/mi $1,000.00 Printing 800.00 Other Miscellaneous Costs 1,500.00 Total Miscellaneous Costs $3,300.00 -2- 7. Maximum Engineering Cost $54,132.30 S. Estimated Utility Relocation Cost with 15% for Construction Contingencies $403,485.00 Total Estimated Cost of Utility Relocation $457,617.30 B. The estimated total fee of $39,943.00 in Section II(D) of said Agreement shall be amended to $54,132.30 C. All other terms and conditions of the said Agreement remain unchanged. IN WITNESS WHEREOF, the parties have caused this Amendment to be executed and attested by their proper officers thereunder duly authorized as of this date and year first above written. JAMES M. MONTGOMERY, CONSULTING ENGINEERS, INC. CITY OF REDLANDS ENGINEER OWNER By L McKee ayo Senior Vice President By By Miles E. Wollam ty Clerk) Vice President -3-