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HomeMy WebLinkAboutContracts & Agreements_4-1970AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT, made and entered into this ir day of Z Zzl� _ , 1970 by and between the CITY OF REDLANDS, whose address is 30 Cajon Street, Redlands, California (hereinafter called "CITY") and ,TAMES M. MONTGOMERY, CONSULTING ENGINEERS, INC., a California corporation whose address is 555 East Walnut Street, Pasadena, California (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 II. 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 preparation of an engineering study and detailed design and inspection during construction of a water storage facility. B. Detailed Scope - Study Phase. The engineering services which shall be provided 'by the ENGINEER shall include but shall .not .necessarily be limited to the following: 1 An engineering study of rehabilitating the existing 7. 5-million gallon. Dearborn Reservoir, complete with preliminary cost estimate, and estimated costs of alternative types of reservoirs to replace the existing reservoir to provide storage of approximately 20-million gallons. Estimates to include Engineering and Inspection Fees. C. Detailed Scope - Design Phase. Upon submission by the ENGINEER, of the comparison study to the CITY, the City Council shall make the determination as to whether or not the ENGINEER is to proceed with design and will select the design alternate. (1) If the CITY informs the ENGINEER in writing that no further work will be required of them on this project, the contract will be terminated then. (2) If the ENGINEER is advised to proceed with a specific alternative design for construction, the engineering services �,vhich shall be provided 'by the ENGINEER shall include 'but shall not .necessarily be limited to the following: (a) Review of foundation investigations. ('b) Detailed plans and specifications for con- struction of the reservoir and appurtenances. Ten sets' of plans and specifications shall be furnished to the CITY. Additional copies shall 'be available at actual cost of re- production and as s em'bly. (c) Detailed estimate of quantities and construc- tion costs. (d) Assistance in obtaining bids and analysis of bids and recommendations as to award of contract. (e) Assistance during construction, including review' of shop drawings and normal administration of construction contract. (f) Field work including detailed inspection and construction staking. M (g) Final inspection and preparation of as -built drawings. ARTICLE III. FEES A. Engine e ring Study. The fee for the engineering services in connection with the reservoir study described in Article II B herein, would be based on our actual salary cost plus a sum equal to 125% of said salary cost. Salary cost is defined on page 20 of the current edition of Manual No. 45 of the American Society of Civil Engineers . In addition, automobile travel would be charged at 12 cents per mile, and direct- nonsalary expenses attributable to the project, as described in page 21 of ASCE Manual No. 45, would be charged at actual cost. Payment for the engineering services would be due within 30 days after receipt by the CITY of our monthly statement for work performed during the previous month. The total cost of engineering services required to accomplish this study will not exceed $3, 500 without authorization by the CITY. B . Detailed Design of Reservoir. The fees for furnishing engineering services in'connection with detailed design of the reservoir, Article II (C) (2) Subparagraphs (b), (c), (d), (e) and (g), shall be limited to an amount calculated as a percentage of the net construction cost of the project. The net construction cost is defined as the total cost of construction but exclusive of costs of land, easements, engineering, field surveys, construction staking, and inspection. If the CITY decides to proceed with the design of a new reservoir, the percentage figure will be determined from Curve B;,and should the CITY decide to rehabilitate the existing Dearborn Reservoir, the percentage figure will be determined from Curve A, said curves being shown on pages 28 and 29 of the 1968 Edition of the American Society of Civil Engineers Manual No. 45. Interpolation between tabulated figures of this curve shall be straight-line . Pay- ment of 85% of the fee will be due within the period in which the plan. and specifications are prepared. During this period, monthly state- ments will be presented to the CITY for the percentage of work completed during each month of the design period. The remaining 15% of the fee will be due in approximately equal monthly payments during the construction period. C . Field Work, (1) If the work is performed by employees of this company, the fee would be an amount equal to the applicable portion . 3 of actual salary costs for such work, plus a sum equal to 0.90 times said salary costs, plus reim- bursement for travel and subsistence outside of Pasadena and for field expenses. Salary costs would be calculated on a straight -time basis, ex- clusive of premiums for overtime. Travel, sub- sistence, and field expenses in connection with this project would be charged at actual cost. Use of personal or company vehicles would be charged at the rate of 12 cents per vehicle mile. (2) If the work is performed by others under our direct supervision, the fee would be our direct out-of-pocket costs, plus 10 percent of said costs for our overhead and services. In addition, other expenses directly attributable to the project such as the cost of foundation investigations (Subparagraph IIC(2)(a)) 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. D. Consulting Engineering Services. The fee for consulting engineering services requested by the CITY and which are beyond the scope of the work de- scribed herein, shall be based on the ENGINEER'S actual salary costs plus a sum equal to 125 percent of said salary cost. Salary cost is defined on page 20 of the current edition of Manual No. 45 of the American Society of Civil Engineers. In addition, automobile travel would be charged at 12 cents per mile, and direct nonsalary expenses attributable to the project, as described on page 21 of ASCE Manual No. 45, would be charged 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 reservoir study will be complete and submitted to the CITY within 45 calendar days after authorization to proceed. All work relative to the detailed design of the plans and specifications shall be complete and submitted to the CITY within 90 days after notification from the CITY in -writing, to proceed on a specific design, based upon the reservoir study. ARTICLE V. ABANDONMENT If any -cork performed bythe ENGINEER is abandoned or suspended in whole or in part, the ENGINEER shall be paid for services performed Cl prior to receipt of Written notice from the CITY of such abandonment or suspension together with any terminal expenses resulting 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 sub- mitted by the ENGINEER to the CITY, and each and all copies thereof, including the original drawings, and all' informalion 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 inure 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 the ENGINEER. No subcontracts shall be negotiated without written approval from the CITY. ARTICLE X. INTERPRETATION This Agreement and all documents executed pursuant hereto shall be interpreted fairly according to their terms and not favorable or unfavorable to either party hereto. F s IN WITNESS WHEREOF: The parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF REDLANDS By: ,� ATTEST: City Jerk APPROVED AS TO FORM AND EXECUTION THIS _DAY OF 1970. City Attorne l\J A JAMES M. MONTGOMERY CONSULTING ENGINEERS, INC. B y :-2�P John R. Fee xecutive Vice -President By: R. Dew y Dickson Senior V ce -President