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HomeMy WebLinkAboutContracts & Agreements_13-1980_CCv0001.pdf f ( AGREEMENT CONSULTING SERVICES THIS AGREEMENT is made and entered into this day of , 1980, by and between the CITY OF REDLANDS and L. D. KING, INC. WITNESSETH WHEREAS, CITY has need for grant or long term bond funding for the acquisition of right-of-way and construction of storm drain facilities; and WHEREAS, CONSULTANT possesses the necessary qualifications to per- form the required services; and WHEREAS, it is the desire of the parties hereto to set forth the terms and conditions under which CONSULTANT shall provide CITY with the services as set forth herein. COVENANTS Section 1 . DEFINITIONS. Within the context of this Agreement, unless otherwise specified, the various terms used in this Agreement, including the recitals, shall have the following meaning(s) : a. "City" shall mean the City of Redlands, a municipal corporation. b. "Public Works Director" shall mean the Public Works Director for the City of Redlands. c. "Consultant" shall mean L. D. KING, a California incorporation, and its officers, agents and employees. d. "Extra Work" shall mean work performed by CONSULTANT at the request of CITY in addition to and outside the scope of this Agreement. Section 2. AGREEMENT. The CITY hereby employs CONSULTANT to provide engineering services and CONSULTANT hereby accepts the employment to perform professional services as hereinafter set forth. Section 3. PERSONNEL. CONSULTANT will have, or will secure, all personnel required to perform the services under this Agreement. All of the services will be performed by the CONSULTANT, and all personnel en- gaged in the work shall be fully qualified and shall be authorized or permitted under State and local laws to perform such services, and shall be acceptable to the CITY. Section 4. SCOPE OF SERVICES. The Project for which engineering service is to be provided is generally described as follows: a. Research existing grant programs for acquiring right-of-way and construction of storm drain facilities. b. Recommend grant programs that would meet City of Redlands' needs. c. Assist the CITY in preparing applications and securing grant funds. Section 5. METHOD OF PAYMENT. CITY shall pay to CONSULTANT the following budget amounts based on a time and material basis per the attached Rate Schedule shown on Exhibit "A". a. A preliminary budget of $1 ,000 to start preparation of a Farmers Home Administration grant application. b. An additional fee of $4,000 for final processing of application and coordination. Section 6. EMPLOYMENT PRACTICES. In the performance of the terms of this Agreement, CONSULTANT shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of the race, color, national origin or ancestry, or religion of such persons. Section 7. OWNERSHIP OF DOCUMENTS. Upon completion of Project or termination of this Agreement pursuant to Section 10, CONSULTANT shall deliver to CITY copies of all reports, calculations, maps and other docu- ments relating to Project. Section 8. ACCOUNTING RECORDS. CONSULTANT shall keep complete, accurate and detailed accounts of all time, costs, expenses and expendi- tures pertaining in any way to the rendering of services by CONSULTANT under this Agreement in a manner consistent with generally accepted accounting procedures. Section 9. ACCESS TO WORK PRODUCT. CITY ENGINEER or his designated representatives shall at all times have access to the work product of CONSULTANT hereunder whenever it is in preparation and progress. Section 10. SUSPENSION OF AGREEMENT. The CITY or CONSULTANT shall have the right to cancel or suspend the Agreement by giving each other fifteen ( 15) days written notice to that effect. If such cancellation or suspension shall take effect during the performance of any uncompleted work, CONSULTANT shall be paid the reasonable value of the work accomplished. Section 11 . INDEPENDENT CAPACITY. In the performance of this Agree- ment, CONSULTANT and its officers, agents and employees shall act in an independent capacity and shall not act as officers, agents or employees of CITY. Section 12. AMENDMENT. This Agreement may not be amended except by written instrument signed by both parties. Section 13, EXTENT OF AGREEMENT. This Agreement represents the entire and integrated agreement between the parties and supercedes all prior negotiations, representations or agreements either written or oral . IN WITNESS WHEREOF, the parties hereto have executed this Agreement in the County of San Bernardino, State of California, on the date and year first above written. d,, CITY OF ' DLPIND (if / aycr i------ r I 1 / Fs ATTEST: �< By _ .. ° ,w,-,a ` „ / r City Clerk L. D. KING, INC. BY ?-44:4i Vice Pre ident APPROVED AS TO FORM: By City Attorney Council unanimously approved acceptance of franchise Franchise payments as follows : Payments Southern California Edison Company 1979 $ 45, 804 . 59 Southern California Gas Company 1979 118 , 468 . 30 Acting Parks Director Spahr presented an emergency Funds request for an additional appropriation in the amount of $1, 000 to pay for emergency replacement of a sewer Sewer line for City-owned apartments at 320 West Olive Avenue. Line On motion of Councilman Roth, seconded by Councilman Riordan, this expenditure was approved by AYE votes of all present. Acting Utilities Superintendent Cindy Ross read the description of, listed the advantages to the City, and requested authorization to purchase a truck mounted Funds "Vactor Jet Rodder Model 810" sewer cleaning machine. This machine is expected to save the City approximately Sewer $10, 000 per year in funds previously paid for contrac- Cleaning ting the work. The equipment will be serviced from Machine Pomona and if purchased before April 30 will cost $85, 452. On motion of Councilman Gorman, seconded by Councilman Riordan, the direct purchase of this equip- ment on a non-bid basis was approved with the funds to be from non-allocated surplus. The purpose of Option "B" Water Contracts was briefly Water explained and two transfers approved, one in the name Contracts of Dangermond and one in the name of Chaves , on motion of Councilman Riordan, seconded by Councilman Gorman. On motion of Councilman Gorman, seconded by Councilman Finds Riordan, $5, 000 was authorized for an agreement with the firm of L. D. King, Inc. to pursue the possibility fight-of-Way of obtaining funding to provide for the purchase from Purchase the Southern Pacific Transportation Company of right- of-way in order to develop a solution to the major drainage problem in the City. A grant deed from the Southern Pacific Transportation Grant Company to the City for road right-of-way at Dearborn Deed Street was accepted on motion of Councilman Roth, seconded by Councilman Gorman, by AYE votes of all present. Acting City Treasurer Mark Zimmerman presented the Business recommendation of City Treasurer Reynolds for denial of License a request for waiver of business license for carnival Waiver equipment for a fair in Redlands as this would not be a nonprofit organization. Mr . Anthony Martinez spoke Page two - April 17, 1980 /,1-80 Approved: 4/17/80 AGREEMENT CONSULTING SERVICES L. D. King, Inc. Pursue funding to provide for purchase of right-of-way from Southern Pacific Transportation Co. to solve major drainage Erobletn.