Contract - Bulot, Francis H. - 1946-11-07 •
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THIS AGREEMENT made and entered into this seventh day.
of November, 1946, by and between COSTA, MESA SANITARY DISTRICT
of Orange County , Cah'f.ornia, hereinafter referred to as the
party of the first part, and F. H: BULOT .and D. A. DONDRO , doing
business as BULOT & DONDRO ,Tof. 9538. Brfghton Way, Beverly Hills
Los Angeles County, California, party -of the second part,
W I T N E S S E T H: . .
WHEREAS, it is contemplated and is the . intention of the
Board of the Costa Mesa Sanitary District to carry through
proceedings for the construction of a sanitary sewageg;e collection
system for the District , including discharge facilities and other
appurtenances , and , •
WHEREAS , it is necessary that registered Civil Engineers
be appointed to perform the engineering services_ necessary in the
• preparing of. surveys , -maps, drawings, plans , profiles , specifications
and estimates of costs of improvements .and other engineering servi-
ces for such work; which engineering services will include in
addition to the design . of the District sewer system; the coordina-
tion of this System with the comprehensive planning now in progress
by the Engineers for th'e comprehensive Orange County-Wide sanitary •
project under ,the direction of Mr. A. M. Hawn; determination of the
proper share of the total cost of sewage treatment and effluent
disposal which will be carried on as a •joint activity with other
contributing communities ; collaboration faith the County' s engineers
in exchanging information concerning the local problem which would
have a bearing on the physical arrangement of sewers and the economy
of construction and operating costs to the District; and during the
period of engagement perform or assist in performing certain adminis-
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trative and legal work as hereinafter set forth;
NOW THEREFORE the party of the first part does hereby agree
to hire , and the party of the second part does hereby agree to
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perform the following engineering services:
1. Examine all of the existing data, plans , application for
Federal-aid, procedures for the formation of the Costa
Mesa Sanitary District to determine' their adequacy and
effictiveness for the satisfactory method of' financing
the District' s construction program. •
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2. Prepare applications for supplementary Federal - or State-
aid to meet the costs of plan preparation and construction
costs when such funds become available .
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3. Consult with the engineers for the Orange County-wide plann-
ing program to determine their objective as they may affect
the physical arrangement of. the District' s Sewer System and
outfall connections. •
4. Make all the necessary field surveys for topography and the
proper location .of lateral , branch and trunk sewers and
appurtenances to serve all the *property in the District.
Every effort will be made to eliminate the need for sewage
lift stations in the sewer system, it being understood that
party of the second part le to use its best endeavors to
eliminate the need for sewage lift .in the sewer system
wherever possible.
5. Assist the Attorney for the District When requested in the
preparation of resolutions covering a bond issue and other
matters dealing with financing in which engineering advice
is required.
6. Attend the hearings of the District dealing with engineering
matters pertaining to the project .
7. Recommend a financial structure to include. budget construc-
tion cost estimates , the form and amount of a bond issue ,
and an amortization schedule to •meet the bond debt service. $
8. Furnish engineering data to aid the District in the prepara-
tion of assessment and tax rolls.
9. Prepare complete detailed construction plans , specifications
and other contract documents ready for the letting of a
construction contract sufficient to meet the requirements
of the Federal Works Agency Bureau of Community Facilities
or any other Governmental Agency having jurisdiction over the
same , it being understood that the Federal Works Agency,
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Bureau • of Community Facilities requires the basic working
drawings; basic design data, and contract . documents shall
contain at least the following: :
(1)'-. Drawings , fully dimensioned 'and noted, -which Will
clearly indicate all pasts ;of • the work to be
constructed or installed.
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( 2) Contract documents to include: •
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a. Invitation for Bids .✓
b. Instructions to Bidders' ,
c . . Bid Schedule . •
d, Agreement or Contract
e. Performance Bond '
f, . Labor and Material Bond ,
g. General Conditions;
h. Special Conditions •
i . Specifications which clearly and fully
describe , define or identify the: scope
of every branch of the work including
materials , products and devices.
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Party Of second part is to furnish at least three sets of
plans, specifications and other contract .documents and
• any further, number required by Federal Works Agency ,Bureau
of Community'Facilities, 'it being understood ,that said .
Agency 'requires that an original and two copies •of a, final
estimate of ,the construction cost of. the proposed .work be •
submitted to it accompanying one set, .of completed plans and
specifications.
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10.; Prepare detailed cost estimates of the construction
covered bj the plans for financing and -other purposes.
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11. Assist the District' in the tabulation and evaluation
of bids and the letting of a construction contract,as
per. conversation with F. H . Bulot of November 2, 1946.
12. Perform any other engineering:'service necessary to
secure 'a sanitary sewer' system-of the highest quality
at least cost to the District..
Party of the second part further agrees that the firm of Raub
& Bennett, Engineers and :Surveyors, of 'Costa Mesa, California, .
will be associated with the firm of Bulot & Dendro , for the
purpose of performing certain field work upon the above mentioned
project , but it is understood that the work- to be performed by
Raub & Bennett is to be performed under the direction of Bulot
& Dondro .
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It is understood and agreed that the party of the first
• part will pay and the party..of the second part shall receive
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for the performance of the above set forth engineering services,
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compensation in accordance with the following schedule ,based
on the actual cost of construction of the project: .
4 3/4 per cent - of the cost of construction if the
cost• is less than x$500,000.00; and 4 per cent of
the cost of construction if the cost - is more than
$500,000.00.
The total fee shall be paid in the following manner:
Three payments of $3000.00 ' ,each shall be• made serially
on . the completion and acceptance of the work described.
in .Items 1 tb 8 inclusive.
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In the event that the Federal Government does not advance more
than Nine Thousand Dollars ( $9 ,000.00) , being fifty per cent
of its present allotment for planning, until the completion
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0p0� and acceptance of the basic working drawings , :basic design data,
le and contract documents for the project ," by the Federal Works
Agency, Bureau of Community .Facilities , the payment of the
balance of the fee shall be made from the funds received from
the. Federal Works Agency Bureau of Community Facilities, Division
7, in two installments as follows:
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(a) 85 per cent of the remaining unpaid fee on
completion and acceptance of' the contract
plans , specifications and contract documents
by the party of the first part and by Federal
Works Agency Bureau of Community Facilities
Division No . ?.
(b) 15 per cent "of the remaining fee , adjusted to
the actual cost of construction shall be paid
on the completion and acceptance of the
construction of the project , by party of the
first part. •
In the event that the Federal Government through Federal •
Works Agency Bureau of Community Facilitiee , or any other
Agency, advances more than. the present advance received by
• the party of the first part heretofore in the - sum of
nine thousand dollars for planning," the payment of 85 per
cent referred to above will. be adjusted to provide an
interim payment , the amount of which will be determined and
mutually agreed upon by the parties *hereto , ' but it is
distinctly understood that party of the first part is not
obligated by this agreement to pay any monies to -party of the
second part except from monies received through Federal Works
Agency,Bureau .of Community Facilities , or some other Government
Agency advancing money for the purposes of this agreement until
party of first part receives the proceeds of bonds issued for the
purpose of constructing the project above referred. to, •
It is further understood and agreed that party of the second part will
perform resident scup:ery&-s rof.5.0finaonstruction of the above mentioned"
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project for three per cent of the cost of construction , or
on the basis of actual out of pocket expense plus twenty-five
per cent for overhead, whichever is less . Party of the first part
may, at its option, provide this service on the District' s pay
roll basis , but in any event party of the second part will be
responsible for supervision, and F . H. Bulot and ID. A. Dondro
will visit the site of the work whenever their supervision
is required during the course of the construction.
It is understood and agreed that party of the second part •
is to commence the above work immediately upon the execution
of this agreement.
• IN WITNESS WHEREOF, party of the second part has executed
this agreement and said Costa Mesa Sanitary District , . as party
of the first part has hereunto caused its name to be subscribed
.by its President and Secretary thereunto duly authorized by
Resolution of its Board of Directors, . this 7th day of November,
1946.
COSTA MESA SANITARY DISTRICT "
BYc/� -�.t/
,�//
D President
k41, .0d__ ATTEST: '` AI
Secretary.
Party of the first part .
BULOTG� & DONDRO ,
BY
Party of the second part.
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