HomeMy WebLinkAboutBOARD MINUTES 11-29-46
Uity Hall
Walnut Creek, California
November 29,1946
The Directors of the ~entral Contra Costa Sanitary ~istriot met at
8 p.m. on the date and at the place above written. Present:
Directors Weill, Toland, Johnson. Direotor Wadsworth arrived at
9 p.m. Absent: Director Tuttle. President Weill presiding.
Minutes of previJus meeting read and were ordered, approved as read.
The question of further action relative to the so called Christmas
Tree ,It'und of the ljoard of Supervisors was discussed pro and con,
and upon motion duly made, seconded and unanimously carried, was
"laid on the table".
The report of Engineer Mason of the assessed valuation was received
as shown on 1946-1947 Equallized Assessment Rolls of Contra Costa
County which shows location and assessed value as follows: .
Orinda Union
Moraga
Oak Grove
Pleasant Hill
.Lafayette
Walnut Creek
$902,517
296,285
40,060
645,466
4, i 28,160
4,510,345
$10,72~,823
'1'otal
The following resolution i3 for Clyde C. Kennedy to be employed
as District Engineer was made by Direotor Johnson, seconded by
Direotor Toland and carried as shown below:
Resolution No. Z
WHE~EAS, this ~oard on October 7,1946, by resolution
employed CLYDE C. KENNEDY as District ~ngineer of the Central
Contra ~osta Sanitary vistrict; and .
WHEREAS, such employment was subject to the execution of a
written contract between said District and CLYDE C. KENNEDY,
NOW, THEREFORE, BE IT RESOLVED that the written contract
attached hereto be and the same is hereby approved and aoéepted
as the contract employing ULYDE C. KENNEDY as Distriot Engineer,
and the ~resident of this board is hereby authorized and directed
to execute said contract in the name of the District, and the
Secretary is authorized and directed to countersign the same.
ADOPTED by the Sanitary ~oard of Central Contra Costa
Sanitary District on the 29th day of ~ovember, 1946, by the
following called vote:
AYES:
Members Johnson, Toland, Weill
NOES:
None
ABSENT:
Members Tuttle, Wadsworth
CONTHACT
THIS AGREE~ŒNT, made and entered into this 29th day of November
1946, by and between the 'JENTRAL CONTRA COSTA SANITARY DISTRIC'r OF
CONTRA COSTA COUNTY, STATE OF CALIFORNIA, actin6 by and through its
Sanitary Board, whicn is duly authorized, hereinafter designated as
First Party or District, and clyde C. Kennedy of San Francisco,
California, hereinafter designated as Second Party, or ~ngineer,
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WITNESSETH:
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WHEREAS, in the judgment of the Sanitary Board, it is necessary and
advisable to construct, at the earliest possible date, a sewer system and
sewage treatment plant for said Central Contrs Costa Sanitary District
provided funds can be raised for such purpose from the issuance and sale
of ~eneral Obligation ~onds of said ~anitary District or from assessments
against individual properties through local improvement district proceed-
ings or from other legal methods of financing the work or from federal and
state aid, all of said work to be hereinafter referred to as the construc-
tion work; and,
WHEREAS, in order to perform said o?nstruction work it is necessary
to engage the services of a duly qualified civil engineer to prepare the
necessary plans and specifications for the project and to render engineer-
ing services in connection therewith;
.NOWTHEREFORE, the l"irst Party agrees to employ and does employ Second
Party as District Engineer to advise with said ~anitary Board in regard to
said proposed construction work, to furnish any engineering data required by
àByfederal or state agency regarding the proposed construction work, to
furnieh, if requested, to said Sanitary Board all of the data necessary to
enable it to apply for any federal or state aid that may be possible for
the financing of the project; and to furnish and produce complete plans,
drawing, and specifications for, and to supervise the construction and
completion of said sewer system and sewage treatment plant, the term of
said employment to commence on the date of the execution of this contract
and to continue at the pleasure of l"irst Party and until notice of the
discontinuance, termination or suspension of said contract and employment
is given in writing by ¥irst Party to Second Party, said notice to be
sufficient and complete twenty-four l24) hours after the same is deposited
in the United States mail, postage prepaid, addressed as follows:
Clyde C. Kennedy,
604 ~ission Street,
~an Francisco, California
and Seco.nd Party to receive in full compensation for all services here-
tofore or hereafter rendered and for all work done and performed hereunder,
the compensation hereinafter provided, and Second Party agr~es to accept
and does accept said employment and agrees to perform the services here-
inafter mentioned under the terms and conditions hereinafter set forth.
SECTION I
IT IS 1ITITUALLY UNDERSTOOD AND AGREED, in furtherance of the foregoing
and not by way of limitation thereof, that second party, as engineer for
First Party, shall perform the following duties under this contract to
enable ¥irst Party to award a contract or contracts and have constructed
a complete sewage disposal system including sewage trunk lines, collecting
laterals, pumping stations and treatment plant:
1 - That party of the Second Part as Distriot Engineer, will
furnish all engineering personnel, engineering equipment,
supplies and transport "l t ion,: and,
(a) Prepare final plans, final designs, contrsot drawings
and specifications and detailed estimates of contract
quantities and costs for the projects selected by the
Sanitary ~oard; and furnish the number of reproductions
of specifications and blue print copies of drawings re-
quired for prospective bidders and for contract documents.
lb) Render assistance in letting contracts, in checking con-
tractors' plans and shop drawings, in approval of materials
and sub-contracts, in preparing details, making periodic
visits to work during its progress, reviewing progress
estimates, making final inspection and preparing acceptance
of complete construction work; inolQding the services of a
general supervising engineer.
lc) To purchase on the behalf of the District, materials
and/or equipment to be used in the construction work;
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2 - Unless hereinafter specifically excepted in Section III,
the preoeeding paragraph numbered 1 with subdivisiJn la),
(b) and (0), shall include all engineering services required
by the District in order to complete the construction work.
SECTION II
IT IS MUTUALLY UNDERSTOOD AND AGREED, by and between the parties
hereto as follows:
1 -
that for and in consideration of the due performance of
said professional services hereinbefore enumerated. whether
performed prior to or after the effective date hereof,
the ~econd Party, his legal representatives or assigns,
shall be paid in lawful money of the United States of
America, as follows. and said Second Party agrees to re-
ceive the following sums in full and complete satisf9ation
therefor:
,
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(a)In the event the proposed bond election does not authorize
the issuance of bonds against the Distriot to pay the cost
of the proposed construction work, and in the event ~t S~co~d
Party does not then elect to perform the construction work
under local improvement district proceedings, ¥irst Party
shall receive for any and all engineering services rendered
to the date of such election a fee of ~ifteen Thousand and
00/100 (i15,OOQ) Dollars:
(b)In the event of a bond election in which two-thirds (2/~)
of the votes cast authorize the District to issue bonds
against the District for the payment of the cost of the
construction work, and/or in. the event the Sanitary .Board
shall order any part of the construction work to be per-
formed under local improvement district proceedings, Second
Party shall receive fees in the following amounts for each
type of project listed:
l.
2.
Sewers, main and trunk
Treatment plant and. pumping stations
Sewers. collection lateral
4.75%
6.0~
7.0%
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~.
The percentage fees listed shall be based on the actual
cost of the construction and completion of said construction
work. which said fee is hereinafter designated as the
engineer's fee; for each construction contract, or con-
tract for the purchase of construct i:>n materials and! or
equipment; said cost is to be interpreted as meaning the
total of the contract amount, or amounts incurred for
the performance of the work plus the total cost of
materials and labor f~rnished for said construction work
by First Party or any federal Dr state agency that may
participate therein b~t not including engineers' fees,
engineers' expenses, purchase of land or rights-of-way,
legal expenses, cost of Second Party's Resident Engineer,
Inspector or Inspectors of Work, costs of the Sanitary
Hoard, cost of financing or general accounting, cost of
money, including interest on that used during constr~ction.
debt discounts, and banking charges, incidental expenses in-
curred in satisfying the particular requirements of any
federal or state agency participating in the project and
such other overhead expenses as may be incurred by ~irst
Party thereon. Provided. however. Second Party shall per-
form and hereby agrees to perform engineering services
for the collection lateral sewers for which a fee of seven
percent l7%) is provided only after receipt of written
authorization therefor from First Party.
2 - METHOD OF PAYMENT
'l'he engineers' fee shall be payqble in installments as
follows:
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(a) Fifty percent (50%) thereof upon completion and accept-
ance of final plena, specifications and general working
drawings, said fifty percent (50%) to be due and payable
to Second Party in progress payments proportionately
as final plans, specifications and working drawings are
completed and accepted by ~irst Party for various parts
of said construction work, said respective parts to be
accompanied by an estiIate of the cost of the labor and
materials necessary to construct same, which said estimate
shall be prepared by Second Party and approved by the
Sanitary ~oard of First party at the time of the approval
of said plans, specifications and general working drawings
are completed and accepted by l"irst Party for various
parts of said construction work, said respective parts
to be accompanied by an estimate of the cost of the
labor and materials necessary to construct same, which
said estimate shall be prepared by Second Party and
approved by the ~anitary ~oard of ~irst party at the
time of the approval of said plans, speoificati ons and.
general working drawings for said portion of said
construction work;
(b) Twenty-~'ive percent (25%) thereof upon award of the
construction contract; and in the event any contract
so awarded is for less than the whole of the proposed
project said twenty-five percent (25%) shall be com~
puted on the cost of the particular project so awarded.
(0) The balance of said fee on final costs for each con-
struction or material purchase contract, shall be pay-
able upon the completion and acceptance of such work
or material of such contract.
SECTION III
IT IS ~~TUALLY UNDERSTOOD AND AGR~ED by and between the parties here-
to that the following services are not included in the general engin-
eering services hereinabòve referred to in Sect ion I, and that if
second party is directed in writing by first party to perform any of
the following engineeri~ services second party shall perform the same
for the compensation in this section provided:
1 - Neoessary property, boundary, right-of-way and topographio
surveys, shop, mill or laboratory testing and inspection
of materials, cost of test borings and subsurface ex-
plorations.
2 .:. Hesident supervision of construction, including laying
out of work, analysis of temporary structures and
facilities, field supervision, field inspection of
materials and work progress reports, preparation of
monthly qnd final esti~ates and final reports.
r;
.:- -
Preparation of diagrams and the making of assessments
to distribute the cost of collection lateral sewers
in areas as determined by the Sanitary ,oard where
the construction in such areas is to be performed
under local improvement district procee~ngs.
Compensation t~ Second Party for services as in this section des-
cribed shall be paid by ¥irst Party at the actual cost thereof to
Second ?arty plus twenty-five percent (25%) for supervision and over-
head, plus a sum for compensation to principals in direction of such
work equal to fifty percent (50%) of the labor costs incurred in
connection therewith.
Payment for all work done under this section shall be on monthly
itemized statements presented to and approved by the Sanitary board.
SECTION IV
IT IS MUTUALLY UNDK:STOOD AN'D AGREED, by qnd between the part ies
hereto, as follows:
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1 - ~hat all the drawings snd specifications and the copieR
ther~of, as instruments of service, shåll be and remain
the property of Second Party, but said Second Party shall
furnish to Eirst Party two (2) complete sets of all blue
prints of all the working drawings and two (2) complete
sets of all the specifications and further agrees to
furnish all necessary sets of drawings and specifications
and details required by any federal or state agency parti-
cipating financially in the construction work and required
for the use of any bidder or contractor bidding upon or
executing the work, all without charge.
2 - ~hat all payments to be made to Second Party pursuant to
this contract by First Party, shall be payable by warrants
drawn on the Listrict funds of First Party.
Z - If any disagreement shall arise between the parties hereto
in respect to the performance of this contract, the same
shall be ãeoided and determined by arbitration. in the
event of such disagreement each party shall select one
arbiter. rhe arbiters so selected shall select a thi~(
arbiter and the three arbiters shall act as a Board of
Arbitration. The decision of the majority of such Hoard
of Arbitration shall be final and conclusive on the matter
in dispute.
IN WITNESS WHERE:OF, l"irst Party has hereunto caused its corporate
name to be signed, and its corporate seal to be affixed by the Pres-
ident and countersigned by the Secretary of its Sanitary Board who
are thereunto duly authorized, and Second ~arty has executed this
contract the day and year first above written.
CENTRAL CONTRA COSTA SANITARY DISTRICT UF
CONTRA COSTA COUNTY, STAT1-: OF CA!I FORNIA
(SEAL)
By (Signed by: Lawson H. Weill)
As Presiãent of the Sanitary Board of
the CENTRAL CONTRA COSTA SANITARY DISTRICT
OF GO1TRA CDSTA COUNTY, STATE OF ";AI I1i'OR~HA
COUNTERSIGNF.D:
First Party
By (Signed by: G. S. Cutler)
As Secretary of the janitar~~rd of
CENTRAL CO1~RA COSTA SANITARY DISTRICT OF
CONTRA COSTA COUNTY, STATE OF CALIFORNIA.
(Signed by:- Clyde ~. Kennedy)
. Second Party
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