Loading...
HomeMy WebLinkAboutContracts & Agreements_21-1960AGREEMENT THIS AGREEMENT, made and entered into this 21st day of December , 1960, by and between the CITY OF REDLANDS, County of San Bernardino, State of California, (hereinafter sometimes referred to as the "City"), and ENGINEERING -SCIENCE, INC., 150 East Foothill Blvd., Arcadia, California (hereinafter sometimes referred to as the "Engineer"); WIT NESSET H: WHEREAS, the City of Redlands contemplates the construction of additions to the sewerage facilities of the City to provide for increased growth within the tributary area, and; WHEREAS, it is necessary for the City to have prepared detailed plans and specifications for the sewage collection and treatment facilities required to provide for the increased sewage flow, all as outlined in the "Report on Sewage Collection System and Treatment Plant for City of Redlands" prepared by Engineering -Science, In.c., under contract with the City dated 22 January 1960; and WHEREAS, it is desirable that the City employ Engineering -Science, Inc. as an independent contractor to act as consulting and design engineers for the furnishing of the required engineering services .for the design of the contemplated project, IT IS MUTUALLY AGREED by and between the City of Redlands and Engineering -Science, Inc., as follows: SECTION I: The City of Redlands hereby employs Engine ering..Science, Inc. to furnish services hereinafter mentioned at and for the compensation herein -I- stipulated, and Engineering -Science, Inc. , hereby accepts such employment and terms herein stated. SECTION II: Following notification by the City to the Engineer that arrangements for financing the proposed sewerage works have been made, the City authorizes the Engineer to provide additional services as follows: (a) Furnishing of services for (1) Preparation of complete contract plans and specifications for the proposed improvements including the planning and supervision of surveys and of sub -•surface investigations and tests; (2) Estimates of quantities and costs for the proposed work; (3) Assistance in making appli- cation for public funds; (4) Assistance in securing and analyzing bids and in letting contracts; (5) Checking shop and working drawings furnished by con- tractors; (6) Consultation and advice during construction; (7) Reviewing estimates for payments to contractors; (8) Final inspection and testing of the completed work; (9) Preparation of record drawings; and (10) Assistance in setting up the initial operation of the constructed facilities. (b) Furnishing of the services of field survey parties for property and boundary surveys, for field surveys for sewerage design, for field staking, and for other purposes; and the furnishing of a qualified Resident Engineer and required inspectors to represent the Engineer during construction of the sewerage improvements and whose duties shall be to see and require that all of the work is done in accordance with the plans and specifications, that all materials, supplies and equipment furnished are in accordance therewith, and to perform or have performed all required tests of materials. (c) Furnishing of reproductions of drawings or of detailed plans and speci- fications required for use of the City, for the use of bidders in preparing bids -2- for the work, for use by the contractor and Engineer during construction, and for other required purposes. SECTION III: For providing the engineering services as outlined in SECTION II above, the Engineer agrees to provide said services on the following basis: (a) For the services stipulated in SECTION II (a) above Engineer shall be paid a total fee to be determined as percentages of the construction costs of the project components using Curve A shown on Page 18 of Manual of Engineering Practice No. 38 published January 1959 by the American Society of Civil Engineers, entitled. "Private Practice of Civil Engineering for the Use of Engineers and Clients". Payments shall be made in three increments, as follows: (1) Forty percent (40%) of the total fee shall be due and payable upon completion of one-half of the design work, (2y An additional forty percent (40%) shall be due and payable upon completion of the final con- struction plans and specifications and acceptance by the City, and (3) The final twenty percent (20%) shall be due and payable upon completion of the construction work and acceptance by the City. From this final twenty percent (20%) the Engineer agrees to deduct the sum of five thousand, three hundred ninety-two and 63/100 the dollars ($5, 392. 63). This represents the cost of five thousand, nine hundred seventy-five and 03/100 the dollars ($5, 975. 03) incurred in the preliminary planning of sewerage facilities (as outlined in the contract for such preliminary planning between the City and Engineering - Science. , dated 22 January 1960), less the sum of five hundred eighty-two and 40/100 the dollars ($582. 40) expended for aerial surveys. (b) For the services stipulated in SECTION II (b) above the Engineer shall be paid a monthly fee based on the actual costs of the field survey parties B-le plus fifty percent '(5076) and for actual salary costs of the Resident Engineer and of the inspectors plus fifty percent (50%). If, however, the services of survey parties are arranged for as subcontractors to the Engineer, the Engineer shall be reimbursed for actual costs plus ten percent (10%). Per diem rates for field survey parties shall be in accordance with the recommended current fee schedules established by the Civil Engineers and Land Surveyors Association of California. Salary costs for the Resident Engineer and for inspectors shall be first approved by the City. (c) For the services stipulated in SECTION II(c) above the Engineer shall be reimbursed for actual costs plus ten percent (10%). Such costs shall be confirmed by copies of invoices for the necessary services. SECTION IV: It is understood that the Engineer shall make use of the engineering staff of the Cityts Department of Public Works for design of those portions of the sewage collection system which the City Engineer determines can be more efficiently done by the Cityes engineering staff,, and further that for such work designed by the City,s engineering staff the Engineer shall receive no fee. SECTION:: V.;.. The Engineer shall hold and save harmless the City, its officers, agents, employees, and subcontractors, free from liability and damages due to any negligence of the Engineer, its agents, employees, and subcontractors in carrying out the provisions of this Agreement. SECTION V 1 : IN WITNESS WHEREOF, this AGREEMENT has been executed on behalf of the City of Redlands by its officers thereunto duly authorized and by Engineering -Science, Inc., by its officers thereunto duly authorized the date and year first above written. Approved as to form,: Attorney fop City -5- CITY OF REDLANDS By Mayor By ENGINEERING -SCIENCE., INC. B w-tu, Pikesiden t