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HomeMy WebLinkAboutContracts & Agreements_30-1968, AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT, made and entered into this day of 11j V,�,, /,e,,., _ , 1968 by and between the CITY OF REDLANDS, whose address is 30 Cajon Street, Redlands, California (hereinafter called "CITY") and JAMES M. MONTGOMERY, CONSULTING ENGINEERS, INC., a California corporation whose address is 535 East Walnut Street, Pasadena, California and KING AND KING, CONSULTING ENGINEERS, a partnership whose address is 106 Orange Street, Suite 211, Redlands, California, a joint venture (hereinafter called "ENGINEER"). WHEREAS the CITY desires to obtain engineering services relating to the design of certain necessary improvements to the CITY'S water system as hereinafter described; and WHEREAS the ENGINEER is willing to enter into an agreement to furnish said engineering services under said conditions; NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: ARTICLE I, GENERAL CONDITIONS A. The CITY hereby retains the ENGINEER on an independent contractor basis. B. The ENGINEER agrees to furnish certain necessary professional services, as hereinafter described. ARTICLE H. ENGINEERING SERVICES A. General Scope. For and in consideration of the agreements herein made and the payment to be made by the CITY, the ENGINEER agrees to furnish and perform engineering services in connection with the design and inspection during construction of the following facilities: (1) Two -million gallon concrete reservoir located in the Redlands Country Club area; (2) New roofs for two existing one -million gallon concrete reservoirs. B. Detailed Scope. The engineering services which shall be provided by the ENGINEER shall include but shall not necessarily be limited to the following: (1) Detailed design of a two -million gallon concrete reservoir. (a) A preliminary investigation of alternative types of reservoirs and reservoir roofs complete with preliminary cost estimates. (b) Foundation investigations. (c) Detailed plans and specifications for construction of the reservoir and appurtenances. Twenty-five sets of plans and specifications shall be furnished to the CITY. Additional copies shall be available at actual cost of reproduction and assembly. (d) Detailed estimate of quantities and construction costs. (e) Assistance in obtaining bids and analysis of bids and recommendations as to award of contract. (f) Assistance during construction, including checking shop drawings and normal administration of construction contract. (g) Field work including detailed inspection and construction staking. (h) Final inspection and preparation of as -built drawings. (2) Detailed design of roofs for two existing one -million gallon concrete reservoirs. -2- (a) A preliminary investigation of alternative types of reservoir roofs complete with cost estimates. (b) to (h) Same as for subparagraph (1) above. ARTICLE III. FEES Two -million gallon concrete reservoir The fees for furnishing engineering services in connection with detailed design of the two -million gallon concrete reservoir (Subparagraphs I -(a), (c), (d), (e), (f) and (h)) shall be limited to an amount calculated as a percentage of the construction cost of the project. The construction cost is defined as the total cost of construction but exclusive of costs of land, easements, engineering, field surveys, construction staking, and inspection. The percentage figure shall be determined from. Curve B-1967, Page 29, Manual No. 45 of the American Society of Civil Engineers. Interpolation between tabulated figures of curve "A" or "B" shall be straight-line. Payment of 85 percent of the fee shall be due upon completion of the detailed plans and specifications. The remain- ing 15 percent of the fee shall be due in approximately equal monthly payments during the construction period. Reservoir Roofs The fees for furnishing engineering services in connection with detailed design of the two reservoir roofs (Subparagraphs 2-(a), (c), (d), (e), (f) and (h)) shall be limited to an amount calculated as a percentage of the construction cost of the project. The construction cost is defined as the total cost of construction but excluding costs of land, easement, engineering, field surveys, construction staking and inspection. The percentage figure shall be determined from Curve A-1967, Page 28, Manual No. 45 of the American Society of Civil Engineers. Interpolation between tabu- lated figures of curve "A" or "B" shall be straight-line. Payment of 85 percent of the fee shall be due upon completion of the detailed plans and specifications. The remaining 15 percent of the fee shall be due in approximately equal monthly payments during the construction period. In the event the CITY elects not to construct the roofs on the two existing reservoirs, a fee of $1, 000 shall be paid the ENGINEER for the preliminary investigation (Subparagraphs 2-(a)) payment of which shall be due within 30 days after receipt by the CITY of the ENGINEER'S statement for work performed. -3- Field. Work The fee for furnishing engineering services in connection with field work (Subparagraphs 1(g) and 2(g)) shall be as follows: 3-man survey party 2-man survey party Senior Resident Engineer Resident Engineer -Inspector $33. 50 /cxew-hour $25. 00 /crew -hour $12. 5 0 /man -hour $11. 0 0 /man -hour Vehicle mileage shall be paid the ENGINEER at 12 cents per vehicle -mile, except for the survey parties. The rate per crew - hour includes vehicle mileage and survey materials. In addition, other expenses directly attributable to the project such as foundation investigation (Subparagraphs 1(b) and 2(b)) shall be paid the ENGINEER at actual cost. Payment shall be due within 30 days after receipt by the CITY of the ENGINEER'S statement for work performed. General Engineering Services The fee for furnishing any general engineering services required by the CITY shall be based on the ENGINEER'S actual payroll costs plus a sum equal to 125 percent of said payroll cost. Actual payroll costs are defined as total salaries paid for the actual time the ENGINEER'S employees spend on the project plus Social Security, unemployment taxes, Workmen's Compensation Insurance, and prorated holiday pay allowances. In addition, automobile travel shall be paid the ENGINEER at 12 cents per vehicle --mile and other expenses directly attributable to the project shall be paid the ENGINEER at actual cost. Payment shall be due within 30 days after receipt by the CITY of the ENGINEER'S monthly statement for work performed during the previous month. ARTICLE IV. TIME TO COMPLETE The preliminary investigation for design of the reservoir and two reservoir roofs will be complete and submitted to the CITY within 45 calendar days after authorization to proceed. All work relative to complete the plans and specifications shall be complete and submitted to the CITY within 75 calendar days after notification from the CITY in writing to proceed on a specific design based upon the preliminary investigation. ARTICLE V. ABANDONMENT If any work performed by the ENGINEER is abandoned or suspended in whole or in part, the ENGINEER shall be paid for services per- formed prior to receipt of written notice from the CITY of such abandonment or suspension together with any terminal expenses result- ing therefrom and including a reasonable profit, limited, however, to an amount not exceeding the total contract price. ARTICLE VI. BOOKS OF ACCOUNT The ENGINEER agrees to keep proper books of records and accounts in which complete and correct entries shall be made of payroll costs, transportation, subsistence, and incidental expenses. Said books at all times shall be subject to reasonable examination by the CITY. ARTICLE VII. TITLE It is expressly agreed and understood by and between parties hereto that any and all documents as shall be prepared and submitted by the ENGINEER to the CITY, and each and all copies thereof, including the original vellums, and all information and everything furnished to the CITY by the ENGINEER, under and pursuant to the provisions of this Agreement, upon being furnished to the CITY, and all payments theretofore due having been made, shall become the property of the CITY. ARTICLE VIII. SUCCESSORS AND ASSIGNS Each and all of the terms, conditions and provisions hereof shall insure to the benefit of and be binding upon the parties hereto and their respective successors and assigns; provided, however, that no assignment of this contract shall be made without written consent of the CITY. ARTICLE IX. SUBCONTRACTS It is the intent that all work under this contract, except .foundation investigations, be performed by members of the joint venture. No subcontracts shall be negotiated without written approval from the CITY. -5- ARTICLE X. INTERPRETATION This Agreement and all documents executed pursuant hereto shall be interpreted fairly according to their terms and not favorably or unfavorably to either party hereto. IN WITNESS WHEREOF: The parties hereto have caused this Agreement to be executed the day and year first above written. ATTEST: City Clerk APPROVED AS TO FORM AND EXECUTION THIS _DAY OF , 1968 City Attorney <1 CITY OF REDLANDS TAMES M. MONTGOMERY, CONSULTING ENGINEERS, INC. Ru sell C. Kenmir, .President r J R. Fee, Secretary AND KING, CONSULTING ENGINEERS By: Kenneth R. King M NEW BUSINESS Resolution Resolution No. 2714, a resolution of the City of Redlands No. 2714 which approves Annexation No. 38, an annexation of two acres of water property in Mill Creek Canyon, was ap- Annexation proved on motion of Councilman DeMirjyn, seconded by No. 38 Councilman Knudsen. ordinance Ordinance No. 1381, an ordinance of the City of Redlands No. 1381 relating to abandoned vehicles, was given first reading of the title following Council discussion and explana- Abandoned tion by Administrative Assistant John Wagner, with pub -- Vehicles lic hearing set for November 19, 1968 at 7:00 P.M. It was pointed out that this ordinance facilitates removal of abandoned vehicles without the pink slips. Councilman DeMirjyn stated that it may be possible to have these removed without expense to the property owner. CITY MANAGER An agreement with the engineering firms of King & King En ineerin-g and James M. Montgomery for engineering work in rela- Agreement tion to the construction of the two -million gallon Reservoir reservoir adjacent to the Country Club reservoir was approved on motion of Councilman DeMirjyn, seconded by Councilman Cummings. Approval for the transfer of funds in the amount of $8,500 within the Water Department to facilitate the purchase by the department of excavating equipment consisting of a reconditioned Hopto Backhoe was ap- proved on motion of Councilman DeMirjyn, seconded by Councilman Cummings. Grant Deed A grant deed to the City of Redlands from Forsberg Forsberg & and Gregory for street right-of-way purposes in con - Gregory nection with Lot Split 394 was approved on motion of Councilman DeMirjyn, seconded by Councilman Cummings. Following explanation by Director of Public Works Shone that it was not possible to obtain the right- of-way on Sunnyside Street from the Sunnyside Inn owners in order to facilitate the street improvement of Sunnyside, this project was ordered cancelled and the funds made available for budgeting to another project, on motion of Councilman Cummings, seconded by Councilman DeMirjyn. Manager Merritt reported that following use of the parking lot for football games, it is the opinion of Page three -- November 4, 1968