HomeMy WebLinkAbout70-007WHEREAS, the State of Califoxnia Publi.c Wor~CS Board has
appro~red on August 25, 1969, certain Grandstand Improvements on.
the Butte County Fairgrounds at Gridley, California; and
WHEREAS, the State Department o~ Finan.ce has appropriated
and set aside for use of the Butte County Fair a sv.m of Sixteen
Thousand ($1.6,000} dollars to be used. for said improvements of
Grandstand Seating and Ramp areas and;
WHEREAS, the County o~ Butte, by and through ~he Butte County
Faa.r Associ.a~i.on desires to make said improvements,
NOW, THEREFORE, SE IT RE50LVED BY THE BOARD OF SUPERVISORS
OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, as follows:
l. To accept the agreemen~ of Donald R. Long and
Associates, Consultin~ Engineers, as recommenc3ed by the Board oi
Directors of the Butte County Fair, wherei~. the ~ngineer agrees tio
perform ~he servic~s stated in the agreement in consideration for
~he stipula~ed fee;
2. `That upon recommended acceptance of a sa~ci.sfactory
bid by the Board of Direc~ors of the Butte County Fair, and as
approved by the Director of Public Works, the Board of Supervisors
_ en~er in~o a con-tract for the construction of said pro~ect, said
contract to be in compliance v7ith a11 County regulations per~ain-
irtg to capi.tal improvements of County facilities, including but no ~
limited to proper sts.bmission of a11 claims pertainin; to the project
o~' the Depart~nent of Audits for submi.ssion to the Departmen.t of
Agriculture for payment.
PASSED AND ADOPTED by -the Baard of Supervisors of the Coun~y
R~50LUTI0~ IMPLEMENTING REFLACEMENT OF
GR~TDSTAND SEATING AND RAMP ATtEAS ON
TfiE BUTTE COUNTY FAIRGROUNDS A'T GRTDLEY,
CALIFORNIA
..F~..I.L. ._._. ._ __ ._.......
But~e, S~tate oi California, this 3rd day of Fel~ruary ,
1970, by the following-vo~e: '
. __ __
AYES• ~P.RrviSOrs Howsden~ Maxoni McK~.llop; Acting
~ Chai:rman Reynolds
No~s : I~one . . _ . .
ABSENT: Chairman Auna~ay
~33SZSrS T ~ ~ . . .. . . . . .
~'~~ 'b~~~~~~~=~~~~~ -
JERE E. REYNO~,D~~ Acting Chairman
Bu~te County Board of Supervisoxs
ATTEST:
CLARK NE~SON, County Clerk
ar~d ex=officio Clerk o~ the
Board of Supervisors
~~~ C . ~ P ~»-.
AGREEMENT - ,
THIS AGREEMENT, made and entered this 3rd day of
February , in. ~he year Nine~een Hundred and Seventy,
by and between the Counfy of Bt~~te, a political subdivision of the
5~ate of California, by the Boa~d of Supervisoxs thereo~ (herein-
af ter called ~he OWNER} and DONALD R. LONG & ASSOC~ATES (herei.n-
a~ter cal~.ed the ENGINEER).
W I T N E S S E T H:
T`ha~ whereas ~he OWNER intends ~o formulate and construct
a pro~ec~. to rebuild part~ons of the exis~.ing grantstand,
NOW, THEREFORE, the OWNER and the ENGINEER in consideration
of the znutual covenan-ts hereinaf~er set forth agree as follows:
SECTiON 1. BASTC SERVICES OF THE ENG~NEER
A. General.
1.. Th~ ENG~NEER agrees to perfarm grofessional.
services in connec~ion with the Prajee~ as here~.nafter
s~ated.
2. The ENGZNEER w~ll serve as -the OWNER'S
pxofessional represen.tative in a~.~ the phases of th~
Pxaj ect, and wa.ll give consul.tation and advice to
the OWNER dta.rin~ -the performance of his ser~vices .
B. Design Phase
1. P~epare detailed constructian drawings and
sp~c~.fi~ations for ~he Project.
2. ~'urnish ta the OWI~TER engin~ering da~a ~or and
in the preparation of the required dacumen~s so that
~.he OWNER may secure approva~. of such govern~nen~a~.
authorizaties as have jurisdiction over design criteria
appl~.cabi~ ta the Project. .
3. Prepare praposal forms and noti~e to bidders
az~d assist in the preparation of ~he Contract documents.
4. ~'u~nish fifteen (15) copies a~' the Con~ract
dacusnents consisting of cons-cruction agreement ~arms,
general conditi.ons, special pravisions, de~a~led
cons~ructia~ drawing~ ar~d ~echnical provisians.
5. Assis~ the OWNER a.n obtaining and evaluating
bids and awarding a con~ract for the cons~rv.c~ion ot
the Project,
C. Construction Phase. Afte~ written authorization to
proceed with the construction phase the ENGINEER wi1.1:
1. Make periodic visits ~o ~he site ~o observe ~he
progress and qua~i-ty of the exec~ted work and to determine
in general if ~he wortr is proceeda.ng in accoxdance with
~he Cantract documen~s; he wa.1]. not be requix~ed ~o make
exhaus~ive or continuous on-s~.te inspections to check
the quality or q~an~ity at the wo~k, he wi~.l not be
responsible ~ror ~he techniques and sequences af cor~struct-
~.on, or the safety preeau~ions incident thereto, and he
wi~~ not be respansibl.e ~or the Contrac~or's failure
to perform the cons~ruction work in accordance with;:the
Contract dacuments; an.d during such ,crisits and on the
bas~s of his on~-site observa~ions as an experienced and
qua~ified desi~n professianal, he wi11 keep ~he OWNER
informed o~ the progress of the work, wi7.l endeavar to
guard the OWNER against defect5 and deficiencies in the
work of the Con~ractor, and may disapprove work as
fai~ing to conform to the Con~ract documents.
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2. Ch~ck and approve shap drawings, diagrams,
~iiust~~~~fl n~, ca~alog data, s~hedu~es and samples,
~he results o~ tes~s and inspections and o~her data
which the Contractor is requ~red ~o submit, but only
for conformance wi th ~he des ign concept o~ the Pro~ ec~
and co~npliance with the in~arnnation given. in ~he
Contract documents; and assem~le main~enance and
operating instructians, schedules, guarantees, bonds
an.d cer~ificates of ir~spection as required by the
Contrac~ Docum~nts.
3. Consu~t and advise with ~he OWNER; act as
~he OWNER'S represen~ative, issue all instruc~ions of
the OWNER to the Con~ractor; prepare routine change
orders as required; whenever he considers i~ necessary
or advisable to insure ~he proper carrying out o~ the
in~en~ c~f the con~rac~ docwnents, he may, as the OWNER'S
representative direct the Contractor to stop the wo~k
or requxre specia~ exam~na~ion a r testing of the work
(whether or not ~abrica~ed, installed oz~ compleded);
he will act as inicerpreter of the te~ms artd 'aondi~ians
of the Contract documen~s and j.udge of ~he per~ormance
~hereunder.
4. Basecl on. his on-si~.e observati.ons as an experi.enced
and qualified clesign pro£ess~.onal and on his revi.ew of
the Contractor's applications for ~aymen~, and suppor~ing
data de~.ermine the amount owing to the Cor~~rac~.or and
apprave ~.n writi~.g payment ~o the Con-~rac-tor in. such
amounts; such approvaT.s of payment ~o cons~i~ute a
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representation to ~he OWNER, based on such observations
and rev~ew, that the wo~k has progressed to the point
indicated and that, to ~he best o~ his knowledge,
infoxmation and be~ief, the quality o~ the work is in
accardance with the Contract docvmen~s, subjec~ to ~he
results of any subsequent test called ~or in the
Contract documen~s and any qualifications s~ated in his
approval .
5. Conduct, in company with ~he OWNER, a fina].
inspeetion of the Project for con£ormance with the design
concept of ~he Project and compliance wi~h the irzfarm.arion
given by ~he Contrac~ dacumen~s, and app~ave in writing
final payment to the Contractor.
SECTION 2:::.:;ADDITIONAL SERVICES OF THE ~ENGINEER
A. ~f authorized in writing by the OWNER, the ENGINEER
wi.l.l furn.ish or ob~ain from others, additiona~ services
which wil.l. be paid ~ror by the OWNER.
SECTIDN 3. THE OWNER'S RESPONSIBILITIES
The OWNER wi1~:
A. Provide fu11 in~armation as ~o his requirements for
the ProjECt.
B. Assist the ENGINEER by plaeing at his disposal
all availabl.e in~'orma~ion p~rtinent to the s~.te a~ the
Project incl.uding previ.ous reparts and any o~hex data
re~.at2ve to design and cons~ru.ction of the Projeet.
C. Guarantee access to and ~nake al~. prov~.sions for the
ENGINEER to en~er upon pub~ic and private lands as
required for the ENGINEER to per~orm his work unde~'
this A,greement.
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D. Exam~~ne a11 studies, repor~s, ske~ches,
es~imates, specif~catio~s, drawings, proposals and
other documen~s p~esented by ~he EN~~NEER and sha~l
render in wri~ing decisions pertaining there~o
within a reasonable ~ime so as na~ ~o delay the wo rk
of the ENG~NEER.
E. Advertise far p~oposals from. bi.dders, open the
proposa~s at -Ghe appoin-ted time and place, and pay ~or
a1i casts inca.dent thereto. .
F. Provide such i~gai, accoun~ing and insurance
counseling services as may be required ~or the Project.
G. Designa~e in ~rriting a person ~o act as OWNER'S
representative wi~h respect to ~he work to be pErfor~ned
under this Agreement; an.d.~~uch person. sha11 have complete
authori.~y to ~.ransmit ~.ns~rv.ctioris, receive ~nformation,
interpret and define OWNER'S policies and decisions with
respec-t ~o ma~erials, equipanent elemen~s and systems '
pertinent to the work covered by this Agreement.
H. Give prompt wra.tten no~ice to the ENGINEER whenever
the OWNER observes or o~herwise becomes aware of any
defec-~ in the Projec~.
I. Ob~ain approval o~ all govert~nenta~. authori-ties
having j~r~.sdic~ion over the Pro,~ ec~. and such approvals
and consents from such other individ~als ar bodies as may
be necessary ~ar completion of the Projec~c.
SECT~ON 4. PERIOD OF SERVICE
A. The services called for in the design phase of
this Agreesne~.t sha~.l be campleted by March ~.5, 1970.
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B. Unless sooner ~ermina~ed, as provided in
paragraph 6.1., this A;reement ~shal~ rema~n in for~e:
{1) for a period which may reasonably be ~equired for the
design, award of contrac~s and canstruction o~ the Proj~ct,
including extra work and any required extension thereon;
or {2) ~n case construction is not commenced ~or a periad
o~ £ive (5) months a~te~ the completion o~ the serv~ces
called £or in that phase of ~he work last au~horized.
SECTION ~. PAYMENTS TO THE ENGINEER
A. Payments for basic services ~o the ENGINEER under
Sec~ion L.
l. The OWNER wi1,1 pay the ENGINEER ~ar basic
servi.ces performed. A lump sum ~ee of $1,000.00,
2. Payments on accou.n~ of said fee ~or basic
ser~vices provided in Paragraphs 1 above shall be
made as follows:
{a) Completion of r.onstruct~.on phase - ~04:perCent
B. ~~ any portion of the cons~ruction phase is staxted
b~.t is no~ comp~eted, ~he ENGZNEER wil.1 be paid full
compen.sa~.~.on as speci~ied under Pa~agraph IoA.
1. Na deductian shall be made ~rom ~he ENGTNEER'S
compensation o~ account of penalty, liquidated damages,
o r a ther amo~nts w~. ~hhe1 d f ro~-. paynr~en.~s ~o the
Contractor.
Z. If the ENGINEER'S most recent cost estima~e
for the Projec~ or ~he l.owest bona fide Contrac-~or's
proposal is a.n excess af any limi.~ stated herein, the
OWNER shal3. give wri.tten approval of an increase in
~he ~imit, or he sha11 coopera~.e in revising -~he
Projec~'s scope or quali-ty, or bo~h~, -to reduce the
..~_
cost as required.
3, An accoun~ of ~haL and all prior phases sha~I
Cqns~itute to~al paysnent for se rvicES rendered; if
terminated during any phase of thw work, the ENGINEER
shal~ be paid for services perfo~med during such
phase on the basis of his reasanable estimate a~ ~he
portion of such phase comple~ed prior ~o ter~r-ina~ion.
In the event of any termination, the ENGINEER.sha11
be paid a11 ~ersninal expenses x~esulting therefx~om
plus payment for addi~ional sexvices then due.
SECTION 6. GENERAL CONSIDERATIONS
A. Termination
This Agreement may be terminated by ei~che~ party by
seven (7) days writ~en notice in the event a~
subs~antial ~ai.~ure to perfo~m in accordance r,aith ~he
-~erms hereof by the other par~y ~hrough no fav.lt af the
~erminating par~.y. ~f this ,l~reesnen'~ is so terminated,
the ENGINEER shall be pa.i.d as provided in Paragraph 3
B. Estimates
5ince the ENG~NEER has no con~rol ove~ the cast of
labor and materials, ar over competi~ive bidding and
market condz.tion.s ~.he es~timates o~ construction C05t.
provided for herein are tQ be ~nade on the basis of his
experience and qualifica~ions bu~ the ENGINEER does
no~ gv.arantee ~he accuracy of 5uch estimates as compa~ed
to the Contractoz~'s bids or ~he projec~ cons~ru~tion
costs.
C. Provided, howeve~, tha~ i~ is und~rs~ood and agreed
-~hat th~.s Proj ect is ~o be paid for under an executive
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order emana~~ng ~rom the S~ate Depar~men~ of
Agricul~ure in the amount o~ $16,000. The Pro~ect
must be comple~ed wi~hin tha~ amov.n~ in that there
are no o~her available funds for this Prajec~.
Therefore, no~w~~hs~anding anything ~o the con~ra~y
herein, this agreement sha11 not be~on~e e~fective
un~til owner receives an executive order in said
amaunt. I~ is ~uxther und~rs~ood and agreed that
ENGINEER sha11. re-design said Project in the even-~ the
lowest responsible bid exceeds $14,000, ~hen ENGINEER
sha~l re-design said Project for a re-bid a~ no
addi-~ion.al cost ta OWNER.
IN WYTNESS WHEREOF, the pa~ties hereto have ~r-ade and
executed this Agreemen~ ~he day and year first above written..
OWNER:
F1f~SMRS O~ BOt1Rp aF .:iU~~ffN~,;..•s^:s
ENGINEER:
D(?N LD R. LONG A SOC
~982 Pasadena Avenue
Sacramen~to, Cal.ifar~.ia
,~lpprovacE as fio ~iscaf
and BudgeEary Co EraE
Audif~,dr's r m~nt
By
~~ ,•rov~~ ,~s ~o ~o~~
[?~niel V. E:acKStoc~C
a„e ~ouRty Counse'1
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