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HomeMy WebLinkAboutContracts & Agreements_25-1972AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT, made and entered into this 17th day of October , 1972 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 11. 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 a detailed design and inspection during construction of a water storage facility. B. Detailed Scope. The engineering services which shall be provided by the ENGINEER shall include the following: 1. ' Review of foundation investigations_ 2. Detailed plans and specifications for a single design for construction of a five -million- gaflon partially buried reinforced concrete reservoir and appurtenances. Ten sets of plans and specifications shall be furnished to the CITY. Additional copies shall be available at actual cost of reproduction and assembly. 3. Detailed estimate of quantities and construction costs. 4. Assistance in obtaining bids and analysis of bids and recommendations as to award of contract. 5. Assistance during construction, including review of shop drawings and normal administration of construc- tion contract. 6. Field work including detailed inspection and construc- tion staking. 7. Final inspection and preparation of as -built drawings. C. Additional Services. If CITY requests the ENGINEER, the following Additional Services would be provided: 1. Preparation of changes to the approved plans and speci- fications beyond the mere clarification of design details. 2. Preparation of applications and supporting documents for government grants or loans for public projects. 3. Design to provide for alternative bid items which are not constructed under the construction contract on which the fee is based. 4. Work resulting from changes in plans or specifications made at the direction of the client after acceptance of the preliminary design. 5. Serve as witness in litigation. 6. Meetings and negotiations with the contractor(s) involving changes in the extent or amount of the contract(s), .or changes in the approved design(s). . 7. Additional work resulting from the delinquency or insolvency of one or more of the contractors; or as a result of damage to the construction project caused by fire. flood. earth- quake or other acts of God. $. Additional work resulting from strikes, walkouts, or other acts of trade or labor unions. (2) ARTICLE III. FEES A. Detailed Design of Reservoir. The fees for furnishing engineering services in connection with detailed design of the reservoir, Article II fB') Subparagraphs (2), (3), (4), (5), and (7), 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 including all change orders, but exclusive of costs of land, ease- ments, engineering, field surveys, construction staking and inspection. The percentage figure shall be determined from Curve B-1971 as shown on page 29 of the 1972 Edition of the American Society of Civil Engineers Manual No. 45. Interpolation between tabulated figures of this curve shall be straight-line. Payment of 85% of the fee will be due within the period in which the plans and speci- fications are prepared. During this period, monthly statements 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. B Field Work. (1) If field work, such as that described in subparagraph 11 B (6), is performed by employees of the ENGINEER, the fee would be an amount equal to the applicable portion of actual salary costs for such work, plus a sum equal to 0. 90 times said salary costs, plus reimbursement for travel and subsistence outside of Pasadena and for field expenses. Salary costs would be calculated on a straight -time basis, exclusive of premiums for overtime. Travel, subsistence, 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 CITY requests ENGINEER to retain others to perform work for this project, such as the foundation investigations (Sub- paragraph 11 (B) (1), the ENGINEER's fee would be his direct out-of-pocket costs, plus 15 percent of said costs for his overhead and services. In addition, 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 statement for work performed. (3) C. Additional Engineering Services. The ENGINEER's fee for additional engineering services requested b� the CITY and whicn are beyond the scope of the work described herein, such as the ones included in Subparagraph II (C), shall be based on the ENGINEER's actual salary cost plus a sum equal to 125 percent of said salary cost. Salary cost is defined on page 22 of the 1972 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 23 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 All work relative to the detailed design of the plans and specifications shall be complete and submitted to,the CITY within-60 days -after written notification from the CITY to proceed, 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 performed_ 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 submitted by the ENGINEER to the CITY, and each and all copies thereof, including the original drawings, 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, coriditons 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. IN WITNESS WHEREOF: The parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF REDLANDS B Y : Jack B. Cummings Mayor ATTEST: —, J_e;� VY City (;le k APPROVED AS TO FORM AND EXECUTION THIS- DAY OF Oh.1972. City Attorney JA MES M. MONTGOMER Y CONSULTING ENGINEERS, INC. BY: 4-� John R. Fee xecutive Vice - President B Y : Gyp, J. rick McKee V e-President (5)