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Contract - Bulot, Francis H. - 1946-11-07 • • , • //rug/ ,,, , gam /9t) - 3oos A r p.,�ef�+f nap" flan 94, la A G R E E M 'E N T /13/L-B- 7-.0 1/4/449.— / 4-4 a-.3e r "a. - 3 s i yc r .ti;ai F. at ✓1/66.$7, 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- -1- • • • • 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 • 1 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. • • 2. Prepare applications for supplementary Federal - or State- aid to meet the costs of plan preparation and construction costs when such funds become available . • 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, -2- IL • • • • 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. • ( 2) Contract documents to include: • • 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. • 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. • 10.; Prepare detailed cost estimates of the construction covered bj the plans for financing and -other purposes. • 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 . • • • • _g_ • • It is understood and agreed that the party of the first • part will pay and the party..of the second part shall receive • for the performance of the above set forth engineering services, • 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. • • 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 t 900°41' 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: • (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" • ./a Ci,t, .4%. .GL e, /gJ l� 4 • • 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. -5-