HomeMy WebLinkAboutContracts & Agreements_31-1973a
AGREEMENT BETWEEN OWNER AND ENGINEER
THIS AGREEMENT, made in two copies on the 19th day of July , 1973
by and between the City of Redlands
hereinafter called OWNER and THARALDSON, MATTHEWSON, ARGABRIGHT & DOBY, herein-
after called ENGINEER.
WITNESSETH:
THAT WHEREAS, the Engineer has entered into an agreement -to furnish engineering
services for: Air Conditioning and Electrical rehabilitation of the City Hall;
Electrical and new lighting of the Lincoln Shrine and area security lighting
adjacent to Smiley Library. The installation of the City Hall air conditioning
shall be done in two phases. Phase I will be accomplished after design
has been completed and Phase II will be done at a later date (approximately
one year).
NOW, THEREFORE, IT IS AGREED that Owner does hereby employ THARALDSON, MATTHEWSON,
ARGABRIGHT & DOBY AS Mechanical & Electrical Engineers for the
air_ conditioning and lighting and Engineer hereby accepts such
employment; on the following terms and conditions:
I. BASIC SERVICES OF ENGINEER:
a. Engineer, in return for the basic fee hereinafter set forth in Article
III, shall perform the following services:
(1) Consult with Owner to extent required to fully coordinate Engineer`
work with others.
(2) Prepare all necessary engineering calculations, working drawings
and Specifications in accordance with time schedule mutually
agreed upon between Engineer and Owner.
(3) Prepare cost estimates of all work under Engineer's jurisdiction
and revise same from time to time if changes in plans or pro-
gram require revision in estimates.
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(4) Consult with public agencies and obtain required approvals of
all work under Engineer's jurisdiction.
(5) Provide periodic inspections during construction phase of work
and report deficiencies to Owner in writing.
(G) Check shop drawings for compliance with design and specifications.
(7) Review requests for substitution of materials and make written
recommendations to Owner regarding same.
(8) Prepare material and all engineering data or drawings required
for Change Orders and obtain cost estimates from the Contractor
involved.
(9) Make final inspections, assemble written guarantees, instruction
manuals, diagrams and charts, where required of Contractors
performing work under Engineer's jurisdiction.
(10) All work will be preformed as near as possible to the
attached schedule dated August 1, 1973.
H. EXTRA SERVICES OF ENGINEER:
a. The following services, if performed by Engineer, shall be paid for
in addition to the basic fee, and at rates hereinafter set forth in
Article III.
(1) Revisions to drawings, specifications and estimates already
approved by Owner and authorized to be changed for reasons
other than to reduce the cost of the work to within 10% of the
estimate mutually agreed upon by Engineer and Owner.
(2) Preparation of additive alternate bids not ultimately included
in the construction contract.
(3) Performance of special research or travel when specifically
authorized by Owner.
(4) Enforcement of Contractor's guarantees following acceptance
of the work.
III. ENGINEER'S COMPENSATION:
a. Engineer agrees to perform professional services set forth in Articles
I and II, and Owner agrees to pay Engineer for such services as
follows:
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IV.
M
LIN
(1) For.c services a fee eq al to:
�� - Engineer ` s�
2.5 Im 76w<direct payroll not to exceed 7% of the
lowest bona -fide bid. Payments to be made when
preliminary drawings are approved, when working drawings
are approved and when final installation of each phase
is approved. _--
(2) For Change Orders and additive alternates a fee computed at
2.5 times the rate paid engineer's employees in addition to the
above fee.
(3) For special services, compensation computed on the basis of
2.5 times the rate paid Engineer's employees.
Principal Engineers time will be based on the highest rate
paid to the Engineer employed by the Company. (Area survey
for security lighting of Library --Not to exceed 150.00)
(4) For special travel authorized by Owner other than normal
travel from Engineer's office to Project Site, reimbursement
of travel expenses at cost.
Payments for extra services shall be made if and when such expense
is incurred.
C. If any work for which the Engineer has provided services is abandoned
or suspended by Owner, the Engineer shall be paid for the services
rendered on account of it, up to the time of abandonment or suspension.
For the purpose of determining the amount due Engineer at the time of
abandonment or suspension, the formula set forth in Paragraph b of
Article VI shall govern.
ENGINEER'S RESPONSIBILITIES:
a. Engineer shall be responsible for preparation and accuracy of all
cost estimates prepared by him for all work under his jurisdiction
and he shall review such estimates at each stage of the work and
advise Owner of any change in the amount of the previously accepted
estimate due to increased cost of labor, materials or changes
in the program.
OWNER'S RESPONSIBILITIES:
a. Owner shall provide Engineer with accurate architectural plans and
elevations showing the general arrangement of facilities required
for project.
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VI. TERMINATION OF AGREEMENT:
a. This Agreement may be terminated by either party upon written notice
to the other party in the event of a substantial failure of performance
by such other party; or if the Owner should decide to abandon or
indefinitely postpone the project assigned to the Engineer.
b. In the event of such termination, the Owner shall pay the Engineer, as
full payment for all services performed and all expense incurred under
this Agreement, an amount the sum total of which bears the same ratio
to the total fee otherwise payable under this Agreement as the services
actually rendered hereunder by the Engineer bear to the total services
necessary for the full performance of this Agreement.
VII. OWNERSHIP OF DOCUMENTS
a. The plans, specifications and other contract documents shall be and
remain the property of the Owner.
UIII. SUCCESSORS AND ASSIGNS:
a. IT IS MUTUALLY UNDERSTOOD AND AGREED THAT THIS Agreement shall be
binding upon the Owner and his successors and upon the Engineer,
his partners, successors, executors and administrators. Neither this
Agreement, nor any part thereof, nor any monies due or to become
due thereunder may be assigned by the Engineer without the consent
and approval of the Owner.
The Owner and Engineer hereby agrees to the full performance of the
covenants contained herein.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the
day and year first above written.
- ZZ��, Mechanical Engineer
THARALDSON, MATTHEWSON, ARGABRIGHT &
ENGINEER DOBY
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ager
August 1, 1973
TIME SCHEDULE
The following is a time schedule for the air conditioning and electrical
rehabilitation of the City Hall; the electrical and new lighting of the
Lincoln Shrine and the area security lighting adjacent to Smiley Library:
Preliminary Design. The following three weeks after the Contract
has been signed.
Working Drawings. The following five weeks after preliminary
drawings have been approved by the City.
Bidding. The following three weeks after the working
drawings have been approved by the City.
Construction. The 24 weeks after the acceptance of the Con-
tractor and Notice given to proceed with
installation.
Attachment: Contract Agreement, TMAD and City of Redlands
for design of air conditioning and electrical
update of City Hall, lighting of Lincoln Shrine
and security lighting at rear of A K Smiley
Library - dated July 19, 1973