HomeMy WebLinkAboutContracts & Agreements_14-1973AGREFi\,[F-_NT'P -rnp ENGINEERING SERVICES
THIS AGREEMENT, made and entered into this 20th day of March ,
1973 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 555
East Walnut Street, Pasadena, California (hereinafter called "ENGINEER").
WHEREAS the CITY desires to obtain engineering services relating to the study
and 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 pay-
ment to be made by the CITY, the ENGINEER agrees to furnish and
perform engineering services in connection with the preparation of
an engineering study of the CITY's Highland Avenue facility and the
detailed design and inspection during construction of the recommended
improvements.
B. Detailed Scope -- Consulting Engineering Services
The engineering services which shall be provided by the ENGINEER
shall include the following:
1. An engineering feasibility study of the Highland Avenue site to
provide a total storage of approximately 20-million gallons,
complete with preliminary cost estimates of alternative types
of reservoirs, including the costs of rehabilitation of the existing
1. 5-million gallon Highland Avenue Reservoir.
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• An eng11A L.G .4 AAlg study 4V i 411d. tJyJ."at�+ I lLe cxl st}ng 'Lligh1and V eTAue
Pumping Station, complete with preliminary cost estimate and
estimated costs of a new pumping station to replace the existing
one.
3. A study of the existing 6 wells (Nos. 10, 11, 13, 14, 16 and 17)
in the Highland Avenue complex and the costs to rehabilitate or
replace them with new, larger capacity wells.
4. An evaluation, through the preparation of an informal appraisal,
of Redlands Water Co.' s physical assets including the open
reservoir adjacent to the Highland Avenue Pumping Station, pipe-
lines and appurtenances and evaluation of the economic feasibility
of acquisition of the Water Co. by the CITY,
5. Prepare and submit to the CITY 10 copies of a written report
which would consist of the findings developed during the study
of Items I through 4 above.
C. Detailed Scope -- Design Engineering Services
Upon submission by the ENGINEER of the report and subject to
authorization to proceed with any of the improvements recommended
in the report, Design Engineering Services would be provided as follows:
1. Preparation of detailed plans and specifications for a single design
of the recommended and authorized improvements included in a
single specification with all legal forms necessary for receiving
competitive bids.
2. Detailed estimates of quantities and construction costs.
3. Assistance in obtaining bids and analysis of bids received.
4. Assistance in awarding contracts.
5. Interpretation of the plans and specifications, including the prepa-
ration of elementary sketches if required to clarify details.
6. Review of shop and working drawings of fabricated and manufactured
equipment submitted by contractors for substantial conformity with
the intent of the contract plans and specifications.
7. Visits by office personnel to the site of the work on an average
of one visit per month.
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SZ Rev1ew of construction progress estimates and re^,^.3.-'�'.mcndia.tions
for progress and final payments to contractors.
9. Assistance in final inspection and testing.
10, Correction of plans to show "as -built" conditions.
D. Additional Services
If requested by the CITY the ENGINEER will provide the following
Additional Services:
1 . Meetings and negotiations with the contractors involving changes
in the extent or amount of the contracts, or changes in the approved
designs.
2. Processing Change Orders.
3. Additional work resulting from the delinquency or insolvency of one
or more of the contractors; or as a result of damage to the con-
struction project caused by fire, flood, earthquake or other acts
of God.
4. Additional work resulting from strikes, walkouts, or other acts
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5. Preparation of changes to the approved plans and specifications
beyond the mere clarification of design details included in para-
graph II-C. 5.
6. Preparation of applications and supporting documents for govern-
ment grants or loans for public projects.
7. Design to provide for alternative bid items which are not constructed
under the construction contract on which the fee is based.
8. Work resulting from changes in plans or specifications made at
the direction of the CITY after acceptance of the preliminary design..
9. Serve as witness in litigation.
E. Field Engineering Services
The following Field Engineering Services would be provided:
1. Field surveys to locate property boundaries and existing physical
features, and to develop detailed topography and profile data as
required for design of the proposed facilities.
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c . Construction starting.
3. Mill and shop inspection of manufactured and fabricated items.
4. Detailed field inspection during construction.
5. Visits by office personnel to the site of the work in addition to
those described in paragraph II--C. 7, when such additional visits
have been agreed upon by the parties to this Agreement as being
necessary or desirable.
F. Outside Services
Outside services would include such services as soils investigations,
testing laboratory, landscape architecture and an architectural render-
ing of the area surrounding the proposed facilities.
ARTICLE III. FEES AND PAYMENT.
A. Fees
1. The fee for Detailed Scope - Consulting Engineering Services, de-
scribed in Article II-B would be based on actual salary costs plus
125 percent of said salary costs. Salary costs are defined on
pages 22 and 23 of the 1972 Edition of Manual No. '45 of the Anierl-
can Society of Civil Engineers. Automobile travel would be
charged at 12 cents per mile. Direct non -salary expenses di-
rectly attributable to the project, as described on page 23 of said
ASCE Manual, would be charged at actual cost.
The total cost of engineering services required to accomplish the
work described in Article II-B will not exceed $9, 500 without authori-
zation by the CITY.
2. The fee for Detailed Scope - Design Engineering Services described
in Article II-C would be an amount calculated as a percentage of the
net construction cost of the project, less a specified amount. The
construction cost is defined as the total cost of construction, including
all change orders, but exclusive of costs of land, rights -of -way,
engineering, field surveying and construction staking, and field
and mill inspection. The percentage figure would be determined
from Curve B for the design of the proposed new reservoir, and
Curve A for the design of the remaining facilities; said curves are
as shown in the latest edition of Manual No. 45 of the American
Society of Civil Engineers, the effective date being the date of bid
opening. Interpolation between tabulated figures of this curve would
be a straight line, and below a construction cost of $1 00, 000, the
curves would be extrapolated to terminate at 16. 5 j'o for a construc-
tion of $10, 000 in the case of Curve A, and at 12. 0% for a construc-
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tion cost of $1 0. 000 in the case of C irve B. The amounts to be
deducted from the design fee would be $2, 000 for the design of the
reservoir; $1, 000 for the design of the pumping station, and $500
for the design of all the wells,
3. The fee for Additional Services described in Article II-D would be
based on actual salary costs plus 125 percent of said salary costs.
Salary costs are as defined in Article III -A. 1.
4. The fee for Field Engineering Services described in Article II-E
would be based on actual salary costs plus 90 percent of said salary
costs. Salary costs are as defined in Article III -A. 1.
5. For Outside Services described in Article II--F, when performed
under our supervision, the fee would be at actual cost plus 15 per-
cent of actual cost to cover overhead and administration.
6. Ten copies of the report would be furnished under Consulting
Engineering Services described in Article II-B. Three copies
of the specifications and full-scale drawings would be furnished
under Design Engineering Services described in Article II-C.
All required additional copies of the report or the specifications
with reduced drawings bound therein, together with all required
copies of full --scale drawings in final form would be furnished
at actual cost c{ all identifiable p' =; �=no, rer'_ od ct�o'^ ` -
costs. All preliminary and final copies would be furnished to
public agencies at actual cost of reproduction.
7. For services performed on a salary cost plus a percentage basis,
additional out-of-pocket expenses directly attributable to the pro-
ject would be charged at actual cost. Automobile mileage would
be charged at 12 cents per mile.
B . Payment
1. Payment for services described in Article III -A. 1, 3, 4 and 5
would be due within 30 days after date of monthly statement for
work performed during the preceding month.
2. Payment of 85 percent of the fee for Design Engineering Services
described in Article III-A.2 would be due within the period in which
the plans and specifications are prepared. During this period,
monthly statements would be presented based upon the percentage
of work completed during each preceding month. The remaining
15 percent of the fee would be billed in approximately equal monthly
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amounts during the construction period. Computation of tiie amount
due during the design period would be based on our estimate of the
construction cost. An adjustment would be made in the final pay-
ment to reflect the actual net construction cost.
ARTICLE IV. TIME TO COMPLETE AND COPIES TO BE FURNISHED
The work would be commenced immediately upon receipt of notice to proceed,
and all copies of the report will be completed and submitted to the CITY within
75 calendar days following receipt of said notice. Upon the CITY's authorization
to proceed with the detail design of the recommended improvements, full --scale
plans and specifications in preliminary form for review and comment would be
furnished within 120 days following receipt of said notice. All required copies
of the specifications with reduced drawings bound therein, together with all
required copies of full-scale drawings in final form would be furnished within
60 days following receipt of the CITY's comments or notice to proceed, which-
ever is later. All required preliminary and final copies would be furnished to
public agencies.
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 termina.i expenses resulting tnere£rom 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. For all work performed on a salary cost
base, said books shall at all times 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.
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ARTICLE 7d111- SUCCESSvRS "IN. a ASSIGNS
Each and all of the terms, conditions and provisions herbof 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 Outside Services described
in Article H-F be performed by the ENGINEER. No subcontracts shall be negotia-
ted without written approval from the CITY.
ARTICLE X_ INTERPRETATION
The 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
BY:
ATTEST:
Citye
APPROVED AS TO FORM AND
EXECUTION THIS 2,a DAY OF
2Gz ,r 1973.
City Attorn
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JAMES M. MONTGOMERY,
CONSULTIA/,Vj./
G ENGINEERS. INC.
BY: 16,0I��9
R. Dewey ckson
Senior Vic4 President
BY:�
o R. Fee
ecutive Vice President