HomeMy WebLinkAboutContracts & Agreements_26-1975_CCv0001.pdf AGREEMENT
THIS AGREEMENT, made and entered into this day of
19 7� , by and between the CITY OF REDLANDS, a body corpor-
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atefland politic of the State of California, hereinafter referred to as
the "City", and OMER H. BRODIE & ASSOCIATES, a sole proprietorship, here-
inafter referred to as the "Engineer".
WITNESSETH:
WHEREAS, the City desires to employ the Engineer to furnish engineering
services hereinafter mentioned for a portion of Garden Street Storm Drain
at and for the compensation herein stipulated, and the Engineer accepts
said employment upon the terms and conditions as hereinafter set forth.
NOW, THEREFORE, the parties hereto agree as follows:
1 . The Engineer agrees to make preliminary studies, prepare construction
drawings and details, specifications and estimates of quantities and
costs and to attend such meetings and conferences as may be necessary
to obtain approval of said work by those agencies having jurisdiction
over the work.
"Work" as used herein shall mean:
a. Coordination of field surveys to be performed by others.
b. Preparation of preliminary plans showing alternate locations for
the storm drain alignment, together with cost analyses for each
alternate, taking into consideration utility interference and
costs for relocation.
c. Preparation of construction plans, specifications and estimates
of quantities and costs, all in accordance with standards of the
State Department of Transportation.
d. Consultation with City, State and Federal representatives to
obtain approval of contract documents.
e. Consultation with the contracting agency to clarify meaning and
intent of contract documents.
2. The Engineer agrees to assist the City in analyzing bid proposals and
bidder's qualifications to perform the work.
3. The City agrees to perform or make arrangements with the State Depart-
ment of Transportation for the administration of the construction
contract, which services will include final editing and typing of
specifications, reproduction of plans and specifications for bidding
and construction, administration of bidding phase, all construction
staking, inspection, and construction contract administration; and
to provide survey, utility information and any subsurface exploration
required for the determination of existing conditions and facilities.
4. The Engineer agrees to complete all services as defined in Article I
hereof before the expiration of 60 calendar days from the date of
written notification by the City to the Engineer to proceed with said
services, or receipt of field survey data to be furnished by City,
whichever is the latest date.
5. For the services of the Engineer as herein defined, the City agrees to
pay a lump sum fee of $17,400.00, to become due and payable as follows :
a. Upon the completion and submittal of preliminary plans, a partial
payment in the amount of $4,350.00.
b. Upon completion of fifty percent of construction plans, a partial
payment in the amount of $4,350.00.
c. Upon completion and submittal of contract documents to the City,
a partial payment in the amount of $6,940.00.
d. Upon receipt of construction proposals for the project, or within
120 days from the date of submittal of the work, whichever date
is earliest, a final payment in .the amount of $1 ,740.00.
6. It is understood and agreed by the parties hereto that the City, for
cause and in good faith, may terminate this agreement at any time
prior to completion by the Engineer of the services required hereunder.
Notice to termination of this agreement shall be given in writing to
the Engineer and shall be sufficient and complete when deposited in
the,U.S. Mails, postage prepaid and certified, addressed as below:
Omer H. Brodie and Associates
P.O. Box 1146, Redlands, California 92373
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The agreement shall be terminated by the Engineer, upon receipt of
the Notice of Termination. In the event this agreement is terminated,
the Engineer shall be paid the value of services performed by him
pursuant to this agreement prior to the date of termination thereof,
such value to be the total progress of the work as a percentage of the
total work, expressed as a decimal fraction, times the total lump sum
fee defined in Article 5 hereof.
7. The Engineer agrees to furnish six sets of preliminary plans, six sets
of final contract documents, and one set of reproducible tracings
and document masters.
8. This Agreement may be assigned by the Engineer with the written consent
of the City.
This writing constitutes the entire agreement between the parties
relative to the engineering services to be performed hereunder, and no
modification hereof shall be effective unless and until such modification
is evidenced by a writing approved by the parties to this agreement.
IN WITNESS WHEREOF, the parties hereto have executed this agreement
the date and year above written.
ATTEST: CITY OF REDLANDS, a Municipal Corporation
by
Cit rk ( ayor, City of Redlan s
Approved as to form this day of / t 1975
City Attorney(\
OMER H. BRODIE and Associates
by Q41A4
Omer H. Brodie, Sole Proprietor
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