Loading...
Resolution No. 886RESOLUTION NO. 8 8 6 A RESOLUTION AUTHORIZING THE PRESIDENT OF THE BOARD OF DIRECTORS OF SOUTH TAHOE PUBLIC UTILITY DISTRICT TO EXECUTE AN ENGINEERING SERVICE AGREEMENT WITH CLAIR A. HILL AND ASSOCIATES BE IT RESOLVED by the Board of Directors of South Tahoe Public Utility District, as follows: That the President of the Board of Directors be authorized to execute that certain agreement for Engineering Services between Clair A. Hill and Associates, Consulting Engineers, Redding, California., as attached hereto and made a part hereof° PASSED AND ADOPTED at a regular meeting of the Board of Directors of South Tahoe Public Utility District on the 17th day of AUGUST , 1967, by the following vote: AYES: Directors Fesler, Kortes and Hegarty NOES: None ABSENT: Director Wakeman Robert W. Fesler, President SOUTH TAHOE PUBLIC UTILITY DISTRICT ATTESt) DAVID IN-. CALLAHAN, Clerk of Board and Ex-Officio Secretary SOUTH TAHOE PUBLIC UTILITY DISTRICT CERTIFICATE OF RESOLUTION STATE OF CALIFORNIA ) ) ss COUNTY OF EL DORADO ) I, DAVID I/V. CALLAHAN, CLERK of the SOUTH TAHOE PUBLIC UTILITY DISTRICT, County of E1 Dorado, State of California, and ex-officio Secretary of the Board of Directors thereof, do hereby cer. tify that the attached Resolution No. 8 8 6 is a true, full and correct copy thereof, and that said Resolution was duly adopted by the Board of Directors of South Tahoe Public Utility District at a duly held regular meeting, the 17th of AUGUST , 1967, and that the original of said Resolution is on file in the office of said South Tahoe Public Utility District. Said Resolution was passed by the following vote of the members of the Board of Directors thereof: AYES: NOES: ABSENT: Directors Fesler, Kortes and Hegarty None Director Wakeman (SEAL) DAVID W. CALLAHAN, Clerk of the Board and Ex-Officio Secretary SOUTH TAHOE PUBLIC UTILITY DISTRICT AGREEMENT THIS AGREEMENT, made and entered into this / ~ ~-/~ day of · ~_A% %3 ¢: ~j ~ '~- .. , 1967, by and between SOUTH TAHOE PUBLIC UTILITY DISTRICT, E1 Dorado County, California, hereinafter referred to as the CLIENT, and CLAIR A. HILL & ASSOCIATES, CONSULTING ENGINEERS, of 1525 Court Street, Redding, California, hereinafter referred to as the ENGINEER. WITNESSETH THAT WHEREAS, the CLIENT requires engineering services for Consultation and Reports, Basic Services and Special Servicers, all as defined in Section II of "ASCE - Manuals and Reports on Engineering Practice -- No. 45" dated April 1964, and hereinafter referred to as Manual 45; and WHEREAS, the ENGINEER is duly licensed as a registered Civil Engineer in the State of California and is qualified and experienced to provide such engineering services. NOW, THEREFORE, the CLIENT and the ENGINEER for the consideration hereinafter named agree as follows: ARTICLE I: ENGINEER'S SERVICES The ENGINEER shall perform any services which he is directed to perform when authorized by the Board of Directors. Authorization shall be given as set forth on the attached Engineering Service Authorization form. ARTICLE II: ENGINEER'S FEE A. For Consultation and Reports and for Special Services, the ENGINEER shall be compensated on the basis of Salary Cost times a Multiplier, plus Direct Non- Salary Expense, defined as follows: Salary Cost Times a Multiplier, Plus Direct Non-Salary Expense: That as used herein, the following terms shall have the following meanings: Be percentage fee defined as follows: .PercentaGe Fee: Percentage fees for Basic Service shall be in accordance with Figure 1 1. Salary Cost shall include all of the expenses to the ENGINEER for wages and salaries paid to his employees while engaged directly in the work under this AGREEMENT, including the employer's accrual for State and Federal taxes, Workman's Compen- sation insurance, time accrued for sick leave at the rate of six days per year per employee or as modified by union agreement, and the accrual for vacation and holidays, and all Other expenses of payroll which the employer is obligated to pay or to accrue. 2. Multiplier shall be in the amount of 1.88. 3. Direct Non-Salary Expense shall mean all expenses incurred by the ENGINEER for materials, supplies, subsistence, transportation, outside services, and equipment rental expenses incurred by the ENGINEER incidental to and reasonably necessary for the performance of the work. Direct Non-Salary Expense shall be charged in accordance with the ENGINEER'S published "LIST OF CHARGES" applicable at the time of invoicing. A current copy of such list is attached hereto as EXHIBIT "A". For Basic Services, the ENGINEER shall be compensated on the basis of a or Figure 2 of Section V, Manual 48. The percentage fees shall be applied to the various types of work as stated in Section V, Paragraph 6, of Manual 48. C. For Special Assessment District Proceedinqs, (Engineers Report, Assessment Roll and Assessment Diagram), the ENGINEER shall be compensated on a fixed percentage fee basis, which shall be in the amount of 2% of the total amount to be assessed, less attorney's fees and bond discount costs. R£C' AU6 ]967 ARTICLE III: PAYMENT FOR SERVICES A. Consultation,. Reports and Special Services; Payment shall be on the basis of Salary Cost times a Multiplier, plus Direct Non-Salary Expense as specified in Article IIA. Unless otherwise stated by the CLIENT and agreed to by the ENGINEER, payment shall be made as the work progresses, based upon work completed. Invoices shall be submitted by the ENGINEER at intervals of either two or four weeks. Payment shall be made monthly on or before the lSth day of the month and shall include all invoices received on or before the first day of the month in which payment is made. B. Basic Desiqn Services: Payment shall be on the basis of the Percentage Fees as specified in Article IIB. Unless otherwise stated by the CLIENT and agreed to by the ENGINEER, paymer~t shall be made in the following manner: 1. Eighty percent of the estimated fee based on the approved construction cost estimate when plans and specifications are completed and available for calling for construction bids. 2. Ninety percent of the estimated fee when construction bids are received, based on~ the amount of the lowest responsible bid, less previous pa yments. 3. One Hundred percent of the final fee when construction is completed and accepted by the CLIENT, based on the final construction contract amount. If a preliminary report on a specific project has been previously paid for under Article IliA, the percentage fee shall be reduced by the amount previously i~aid. Upon agreement by the CLIENT, when requested by the ENGINEER, progress payments for Basic Services will be made, based upon the percentage of work com- pleted, as mutually agreed and negotiated for specific projects. .3 REC' :, AU G 1967 Special Assessment District Proceedings: Payment shall be on the basis of the Percentage Fee specified in Article II C. Payment shall be made within 45 days after the assessment is confirmed, unless otherwise agreed by the CLIENT and the ENGINEER. ARTICLE IV: COMPLETION OF SERVICES The ENGINEER agrees that he will do all work within the time required of him as mutually agreed by CLIENT and ENGINEER, but it is agreed between the parties to this AGREEMENT that the ENGINEER cannot be responsible for delays occasioned by factors beyond his control, nor by factors which could not reasonably have been foreseen at the time the AGREEMENT was prepared. ARTICLE V: TERMINATION OF AGREEMENT The CLIENT may terminate this AGREEMENT at any time upon written notice to the ENGINEER; provided, however, the ENGINEER shall be compensated for all work done to the date of the termination, computed on the basis of Salary Cost times a Multiplier, plus Direct Non-Salary Expense, as the same is defined herein. Upon the request of the CLIENT, all work accomplished prior to termination shall be given to the CLIENT. ARTICLE VI: ENGINEER'S RESPONSIBILITY The ENGINEER agrees that the recommendations, plans, specifications, professional advice, and estimated cost shall be prepared in accordance with generally accepted engineering practice; however, there is no warranty expressed or implied. The parties agree that estimated cost figures furnished by the ENGINEER ENGINEER is not responsible for fluctuations in cost ARTICLE VII: SUCCESSORS AND ASSIGNS This AGREEMENT shall be binding upon the heirs, successors, executors, administrators, and assigns of the respective parties hereto. are estimates only and the factors. · . - REC'I]AU6 :g' I967 ARTICLE VIII: EFFECTIVE DATE This agreement supercedes and replaces that certain agreement between the ENGINEER and CLIENT dated August 11, 1960. The agreement of August 11, 1960 shall be terminated as of the effective date of this agreement. IN WITNESS ~ REOF, the parties hereto have hereunto executed this AGREEMENT the day and year first above written. APPROVED AS TO FORM: Attorney S{')IJTH TAH~F Pl~RI la liT II TY nl KT~!CT Client ATTESTED: CLAIR A. HILL & ASSOCIATES CONSULTING ENGINEERS EC'O AUG 1967 SOUTH TAHOE PUBLIC UTILITY DISTRICT ENGINEERING SERVICE AUTHORiZATION FORM 1. The Board of Directors on authorized Clair A. Hill (date) & Associates to perform the following work in accordance with the terms and condi- tions of the Agreement between Engineer and District dated Project Name and Description: Engineering Service -- Type of Fee per Agreement: a. Preliminary Report -- b. Studies or Consulting -- c. Maps or Descriptions -- d. Right of Way or Design Surveys -- e. Topographic Surveys and Mapping -- f. Assessment Roll and Diagram - g. Plans and Specifications - h. Inspection - i. Construction Surveys - J. Special Service (Define) -- Multiplier + Expense Multiplier + Expense Multiplier + Expense Multiplier + Expense Multiplier + Expense Fixed Percentage Varied Percentage Multiplier + Expense Multiplier + Expense Multiplier + Expense e Agreed ]~te of Completion: Acceptedl Name and Date CLAIR A. HILL & ASSOCIATES Authorized~, Name and Date SOUTH TAHOE PUBLIC UTILITY DISTRICT A' HILL & ASSOCIATES COURT STREET * P.O, SOX 208E REDOING, CALIIIIORNIA-0.8OO! REC'D AUG 241967 EXHIBIT "A" LIST OF CHARGES: Effective July 25, 1966 EXPENSES: Mileage - (Plane and Vehicle) ............. Flagging ........................ .... .... $ Markers ......... ..... .................... 07 Bathey Pins .............. . ....... . ........ 0.50 Pins 2.25 Conduit O. 20 "' ................... oo Concrete .... ..... ........ .... . Prints: Paper .......................... .05 Linen ...... . ..... . ........ . .... 0.90 Sepia ......................... 0.25 Ozacloth 1.25 Cronaflex' '.'.'.:: :'.:'. :::::: i [i~i~ 2.00 Photo Reproduction Film ................... 2.88 Multilith, Paper and Supplies ............. 2.60 Note: Reproduction costs for plans and specifications are included in payment for Basic Services. Aerial Photography: Mobilization and Flying .......... 150.00 Exposures and Two Contact Prints .. 7.50 Diopositive Plate for Mapping ...... 5.00 Tellurometer ............................ 76.00 Electronic Computer, Clary ................ 12.00 Balplex ............................... 3.50 Kelsh ' 1 00 Ten-ain Digitizer and Punch ............... 12.00 Special Hired Services Cost Telephone Calls ............. . .......... Cost Subsistence or Employee Moving E~penses... Cost Other Miscellaneous Supplies and Expenses.. Cost 15 Cents/Mile 1.40 Per Roll Ea ch Each Each Each Per Foot Each Per Square Foot Per Square Foot Per Square Foot Per Square Foot Per Square Foot Per Square' Foot Per Thousand Sheets Per Flight Each Each Per Day Per Hour Per Hour Per Hour Per Hour FRESNO REDOING FOLSOM