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WJ McKeever Inc-2006-30 i AGREEMENT BETWEEN CH Y'S AND ENGINEER FOR PROFESSIONAL SERVICES BARTON ROAD BIKE LANE PROJECT September 20,2006 THIS AGREEMENT, made and entered into by and between THE CITY OF GRAND TERRACE, 22795 BARTON ROAD, GRAND TERRACE, CA 92313 hereinafter referred to as the "City" and W.J.MCKEEVER, INC., 647 N. MAIN ST., STE. 2A, RIVERSIDE, CA 92501,hereinafter referred to as the"Engineer"; WITNESSETH WIIDREAS, the City of Grand Terrace proposes to develop a bike lane on Barton Road from Michigan Avenue to Mt. Vernon Avenue. WHEREAS, the City's desire to engage the Engineer to perform certain surveying and engineering services pertinent to above construction and now therefore, IN CONSIDERATION OF THE PREMISES AND MUTUAL BENEFITS which will accrue to the parties hereto in carrying out the terms of this Agreement; it is mutually understood and agreed as follows: (1) The Engineer agrees to furnish and perform, or have performed, the various professional services pertinent to the above named construction specifically outlined as follows: SC'.UM lT F"A" (a) Perform field topographic survey necessary to design curb and gutter and sidewalk on the north side of Barton Road west of Mt. Vernon Avenue. W.J.McKeever Inc.—City of Grand Terrace Page 2 of 5—Job No. G-107 (b) Prepare and process Street Improvement Plans and Striping Plans to add Bike Lanes on both sides of Barton Road from Michigan Avenue to Mt. Vernon Avenue. (c) Revised specifications for project(based on digital file being available). SCUM if F"R" (d)Any additional items of work requested by City not included in Schedule"A". (2) The City agrees to pay the Engineer as compensation for the above professional services,fees based as follows: SCHEDULE"A" FIFTEEN THOIT.SAND TWO HITNDRED FORTY-STX ($ 15,246.00) DOLLARS SCHEDULE"B": On a time and material basis as follows: Rates effective through 8-1-2007. Office Field Principal Engineer(Testimony) $210/Hr.2 Man Survey Crew $23I/Hr. Principal Engineer $147/1-Ir.2 Man Crew Travel Time $102/IIr. Senior Project Director $132/Hr. 3 Man Survey Crew $287/Hr. Planner $130/11r. 3 Man Crew Travel Time $144/11r. Licensed Land Surveyor 4 121 Office Support $10211r. Project Engineer $110/Hr.Mileage $ .60/Mi. Project Manager $106/Hr.RTK GPS System $300/Day Design Draftsman H $95/Hr. Materials and Outside Design Draftsman I $87/Hr. Contract Work Cost+20% Project Coordinator $75/11r. Draftsman II $65/Hr. Draftsman I $56/Hr. Asst.Draftsman 1I $48/Hr. Asst.Draftsman I $39/Hr. Clerical II $48/Hr. Clerical I $39/Hr. Waiver of Submgatinn: If the client requires a Waiver of Subrogation The client will be required to pay the additional insurance premium for this request. The approximate amount for the waiver is $250.00. W.J.McKeever Inc.—City of Grand Terrace Page 3 of 5—Job No. G-107 (3) The plans, specifications and/or field work covered by this Agreement are understood to be those required by various governing bodies or federal agencies for this type of work as of the date of this Agreement. Should there be a change in requirements by the City,the Engineer shall inform the City's of changes in policy that will effect the engineering cost, the Engineer and City shall negotiate a fee for these added services. An agreement shall be put forth in writing before the Engineer shall proceed with said additional work. (4) In the event that all or any portion of the work prepared or partially prepared by the Engineer be suspended or abandoned, the City shall pay the Engineer for the work performed on an hourly basis as set forth in Schedule'B". (5) The Engineer shall furnish ten (10) sets of plans and profiles and ten (10) sets of all other plans and maps at no cost to the City. (6) The City shall pay the costs of all fees, permits, soils reports, bond premiums, title company charges, blueprints and reproductions, and all other charges not specifically covered by the terms of this Agreement. (7) Fees and all other charges will be billed monthly as work progresses. Monthly billings shall be based on the percentage of each item of work completed during that month. Items of work shall be considered to be 100% complete when the plans for that item have been approved by the appropriate government agency. The City shall pay for the work billed within fifteen (15) days after the bill is posted by the Engineer, if the City does not make the payments within forty-five days after the posted date of any billing that is justifiably billed per the terms of this Agreement,the Engineer may, if he so chooses, cease work. If the total bill is not paid within thirty (30) days thereafter, then this Agreement may be considered by the Engineer, at his discretion, as having been cancelled by the City W.J.McKeever Inc.—City of Grand Terrace Page'4 of 5—Job No. G-107 according to the provisions stated in (5) above, and any plans or specifications shall remain the property of the Engineer until such time as the billing is paid. (8) In the event of any increase in costs due to the granting of wage increases and/or other employee benefits, due to changes in terms of labor agreements during the lifetime of this Agreement, such increase shall be adjusted percentage-wise to all of the above fee schedules. However, the contract price for Schedule "A" is understood to be binding for a period of one(1)year from the date of this Agreement. After one year, the cost of any work remaining to be done under the terms of this contract shall be increased percentage-wise as hereinabove described. The percentage increase in the Schedule "B" rates shall not exceed eight percent(8%)from August 1, 2007 to August 1, 2008. The percentage increase in Schedule "A" rates shall not exceed eight percent(8%)for the second year after the date of this agreement. (9) The undersigned agrees that in consideration for the work he will pay the regular charges stated in this Agreement therefore, plus a handling charge of one percent(1%)per month from the date of billing for all accounts thirty(30)days past due per the terms of this Agreement. (10) The Engineer and the City each binds himself, his partners, successors, executors, administrators and assigns of such other parry in respect to all covenants of this Agreement. Except as above, neither party shall assign, sublet or transfer his interest in this Agreement without the written consent of the other party hereto. (11) In the event it is necessary for either party to institute an action to enforce the terms of this Agreement, it is agreed that the unsuccessful party shall pay to the successful party the costs of collection and reasonable attorney fees. Reasonable attorney fees shall not be less than those set forth in the San Bernardino County Bar Association's minimum fee schedule. i W.J.McKeever Inc.—City of Grand Terrace Page 5 of 5—Job No. G-107 (12) The signature on this Contract shall be good for a period of 30 days from the date of said signature unless this Contract is executed by the City and returned to the Engineer. If not executed and returned within said 30 day period, the Contract shall be considered null and void unless newly executed by the Engineer. GO4Np'ft?PAP- IN WITNESS WHEREOF the parties hereto have affixed their hands of seals at- side, California this ;Z+h day ofS' 2006. W.J.MCKEEVER,INC. J.�9vel-,Ofr'&—�id—ent Date CITY OF GRAND TERRACE City of Grand Ten-ace Date r Barton Road Bikeway Project Scope of Work Provide plans and specifications for the installation and construction of a Class II and Class III bikeway. Provide all the necessary survey and field work to design curb, gutter,paving, sidewalk, clearing and grading,retaining wall, utility relocation and reconstruction of existing improvements. Street improvement consist of the above work on approximately 350 feet of the north side of Barton Road approximately 150 feet west of Mt. Vernon. The remainder of the project will include the bikeway striping and signage design on Barton Road from Michigan Street East to Mt. Vernon Avenue. A Class III bikeway should be designed on the north side of Barton Road from Mt. Vernon west to Canal Street. A Class II bikeway should be designed on the entire south side of Barton Road from Mt. Vernon west to Michigan Street and on the north side of Barton Road from Canal Street west to Michigan Street. Design shall be consistent with City standards (attached) and State Bicycle Transportation Account(BTA) guidelines. W.J. McKeever, Inc. 647 N. Main Street 2A RECEAV,'77 . Riverside, CA 92501 • - 11 SEP 2 01 2006 • DEPT.OF BUILDWG SKrt i y • . LETTER OF TRANSMITTAL To: City of Grand Terrace Address: 22795 Barton Road, Grand Terrace, CA 92313 Attn: Alisa Date: September 20, 2006 Re: Barton Road—Bike Lane WE ARE SENDING YOU ❑X Attached via Messenger the following items: ❑ Prints Plans Originals Specifications ❑X Other COPIES DATE NO. DESCRIPTION 2 Barton Road Bike Lane -Agreement THESE ARE TRANSMITTED as checked below: IFor approval For your use 0 As requested F-1 For review COPY TO SIGNED Lisa M.Young.Project Coordinator If enclosures are not as noted,kindly notify us at once.