HomeMy WebLinkAboutContracts & Agreements_17-1977A G R E E M E N T
THIS AGREEMENT, entered into on the 23rd day of June , 1977,
by and between the CITY OF REDLANDS, hereinafter called OWNER,
and THARALDSON, MATTHEWSON, ARGABRIGHT AND DORY, hereinafter called
ENGINEER.
WITNESSETH:
WHEREAS, the Engineer has submitted a proposal to furnish engineer-
ing services for conversion of the existing heating system at A. K.
Smiley Public Library to a central hot water heating system and
addition to the existing cooling system as required. The Project
will be financed utilizing Federal Revenue Sharing Funds.
NOW, THEREFORE, IT IS AGREED that Owner does hereby employ THARALDSON,
MATTHEWSON, ARGABRIGHT AND DOBY as Consulting Engineers for the A. K.
Smiley Library heating - cooling system project 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's 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 program require revision in
estimates.
(4) Obtain required approvals of all work under
Engineer's jurisdiction.
(5) Review bids received to assist Owner in awarding
construction contract.
(6) Provide periodic inspections during construction
phase of work and report deficiencies to Owner in
writing.
(7) Check shop drawings for compliance with design and
specifications.
(8) Review requests for substitution of materials
and make written recommendations to Owner in writing.
(9) Prepare material and all engineering data or drawings
required for Change Orders and obtain cost estimates
from the Contractor involved.
(10) Make final inspections, assemble written guarantees,
instruction manuals, diagrams and charts, where
required of Contractors performing work under Engineer's
jurisdiction.
II. 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 the Engineer and Owner.
(2) Preparation of additive alternate bids not ultimately
included in the construction contract.
(3) 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 at the following rates:
(1) For basic services a fee computed on the basis of
two and one-half times the hourly rate paid Engineer's
employees with hourly charge for Principal Engineer's
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time based on highest employee hourly rate. Total
not to exceed 7% of lowest construction bid received.
In addition, services of other professionals required
to complete the design project will be reimbursed at
cost.
(2) For Change Orders and additive alternates a fee
computed in the same manner as for basic services.
(3) For special services, a fee computed on same basis
as for basic services.
b. 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 abandon-
ment or suspension, the formula set forth in Paragraph b
of Article VI shall govern.
IV. 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.
b. If bids are received within ninety (90) days of submission
of the final estimate, and the lowest bonafide bid received
exceeds the final estimate for the project by more than
ten per cent (10%), Engineer agrees to revise his drawings
and specifications at no further cost to Owner to the extent
required to permit the receipt of new bids within ten per
cent (10%) of said final estimate.
V. OWNER'S RESPONSIBILITIES:
a. Owner shall provide Engineer with architectural plans and
elevations which are currently in Owner's file.
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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.
VIII. 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 agree 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.
T.M.A.D.^Engineers
ENGINEER
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OWNER
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