HomeMy WebLinkAboutAGR-7337.A - GEVORK CONSULTING ENGINEERING, INC. -Docusign Envelope ID: E751779G-D5GE-4A30-A028-7565D6F9276B
AGR-7337.A if-%
PROFESSIONAL SERVICES AGREEMENT
Reservoir#4 Electrical Engineering&Design Services]
THIS PROFESSIONAL SERVICES AGREEMENT (the "Agreement") is made at
Orange, California, on this 29th day of September , 2025 (the "Effective Date") by and
between the CITY OF ORANGE, a municipal corporation ("City"), and GEVORK
CONSULTING ENGINEERING INC., a California corporation ("Contractor"), who agree as
follows:
1. Services. Subject to the terms and conditions set forth in this Agreement,
Contractor shall provide to the reasonable satisfaction of City the services set forth in Exhibit"A,"
which is attached hereto and incorporated herein by reference. As a material inducement to City
to enter into this Agreement,Contractor represents and warrants that it has thoroughly investigated
and considered the scope of services and fully understands the difficulties and restrictions in
performing the work. The services which are the subject of this Agreement are not in the usual
course of City's business and City relies on Contractor's representation that it is independently
engaged in the business of providing such services and is experienced in performing the work.
Contractor shall perform all services in a manner reasonably satisfactory to City and in a manner
in conformance with the standards of quality normally observed by an entity providing such
services to a municipal agency. All services provided shall conform to all federal, state and local
laws, rules and regulations and to the best professional standards and practices. The terms and
conditions set forth in this Agreement shall control over any terms and conditions in Exhibit "A"
to the contrary.
Sonny Tran, Water Manager ("City's Project Manager"), shall be the person to whom
Contractor will report for the performance of services hereunder. It is understood that Contractor's
performance hereunder shall be under the supervision of City's Project Manager (or his/her
designee), that Contractor shall coordinate its services hereunder with City's Project Manager to
the extent required by City's Project Manager, and that all performances required hereunder by
Contractor shall be performed to the satisfaction of City's Project Manager and the City Manager.
2. Compensation and Fees.
a. Contractor's total compensation for all services performed under this
Agreement, shall not exceed TWENTY-ONE THOUSAND FIVE HUNDRED TWENTY
DOLLARS and 00/100 ($21,520.00)without the prior written authorization of City.
b. The above compensation shall include all costs, including, but not limited
to, all clerical, administrative, overhead, insurance, reproduction, telephone, travel, auto rental,
subsistence and all related expenses.
3. Payment.
a. As scheduled services are completed, Contractor shall submit to City an
invoice for the services completed, authorized expenses and authorized extra work actually
performed or incurred.
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b. All such invoices shall state the basis for the amount invoiced, including
services completed, the number of hours spent and any extra work performed.
c.City will pay Contractor the amount invoiced within thirty (30) days of
receipt of all deliverables.
d. Payment shall constitute payment in full for all services, authorized costs
and authorized extra work covered by that invoice.
4. Change Orders. No payment for extra services caused by a change in the scope
or complexity of work, or for any other reason, shall be made unless and until such extra services
and a price therefor have been previously authorized in writing and approved by City as an
amendment to this Agreement. City's Project Manager is authorized to approve a reduction in the
services to be performed and compensation therefor. All amendments shall set forth the changes
of work,extension of time,and/or adjustment of the compensation to be paid by City to Contractor
and shall be signed by the City's Project Manager, City Manager or City Council, as applicable.
5. Licenses. Contractor represents that it and any subcontractors it may engage,
possess any and all licenses which are required under state or federal law to perform the work
contemplated by this Agreement and that Contractor and its subcontractors shall maintain all
appropriate licenses, including a City of Orange business license, at its cost, during the
performance of this Agreement.
6. Independent Contractor. At all times during the term of this Agreement,
Contractor shall be an independent contractor and not an employee of City. City shall have the
right to control Contractor only insofar as the result of Contractor's services rendered pursuant to
this Agreement. City shall not have the right to control the means by which Contractor
accomplishes services rendered pursuant to this Agreement. Contractor shall, at its sole cost and
expense, furnish all facilities, materials and equipment which may be required for furnishing
services pursuant to this Agreement. Contractor shall be solely responsible for, and shall
indemnify, defend and save City harmless from all matters relating to the payment of its
subcontractors, agents and employees, including compliance with social security withholding and
all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever.
Contractor acknowledges that it and any subcontractors, agents or employees employed by
Contractor shall not,under any circumstances,be considered employees of City,and that they shall
not be entitled to any of the benefits or rights afforded employees of City,including,but not limited
to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or
health, life, dental, long-term disability or workers'compensation insurance benefits.
7. Contractor Not Agent. Except as City may specify in writing, Contractor shall
have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Contractor shall have no authority, express or implied, to bind City to any obligation
whatsoever.
8. Designated Persons. Only those qualified persons authorized by City's Project
Manager, or as designated in Exhibit"A,"shall perform work provided for under this Agreement.
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It is understood by the parties that clerical and other nonprofessional work may be performed by
persons other than those designated.
9. Assignment or Subcontracting. No assignment or subcontracting by Contractor
of any part of this Agreement or of funds to be received under this Agreement shall be of any force
or effect unless the assignment has the prior written approval of City. City may terminate this
Agreement rather than accept any proposed assignment or subcontracting. Such assignment or
subcontracting may be approved by the City Manager or his/her designee.
10. Time of Completion. Except as otherwise specified in Exhibit "A," Contractor
shall commence the work provided for in this Agreement within five(5)days of the Effective Date
of this Agreement and diligently prosecute completion of the work in accordance with the time
period set forth in Exhibit"A"hereto] or as otherwise agreed to by and between the representatives
of the parties.
11. Time Is of the Essence. Time is of the essence in this Agreement. Contractor shall
do all things necessary and incidental to the prosecution of Contractor's work.
12. Reserved.
13. Delays and Extensions of Time. Contractor's sole remedy for delays outside its
control, other than those delays caused by City, shall be an extension of time. No matter what the
cause of the delay,Contractor must document any delay and request an extension of time in writing
at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the
length of the delay outside Contractor's control. If Contractor believes that delays caused by City
will cause it to incur additional costs, it must specify, in writing, why the delay has caused
additional costs to be incurred and the exact amount of such cost at the time the delay occurs. No
additional costs can be paid that exceed the not to exceed amount stated in Section 2.a, above,
absent a written amendment to this Agreement.
14. Products of Contractor. The documents, studies, evaluations, assessments,
reports,plans, citations, materials, manuals, technical data, logs, files, designs and other products
produced or provided by Contractor for this Agreement shall become the property of City upon
receipt. Contractor shall deliver all such products to City prior to payment for same. City may
use,reuse or otherwise utilize such products without restriction.
15. Equal Employment Opportunity. During the performance of this Agreement,
Contractor agrees as follows:
a. Contractor shall not discriminate against any employee or applicant for
employment because of race, color,religion,sex, national origin, mental or physical disability, or
any other basis prohibited by applicable law. Contractor shall ensure that applicants are employed,
and that employees are treated during employment, without regard to their race, color, religion,
sex,national origin,mental or physical disability,or any other basis prohibited by applicable law.
Such actions shall include,but not be limited to the following: employment,upgrading,demotion
or transfer,recruitment or recruitment advertising,layoff or termination,rates of pay or other forms
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of compensation and selection for training, including apprenticeship. Contractor agrees to post in
conspicuous places, available to employees and applicants for employment, a notice setting forth
provisions of this non-discrimination clause.
b. Contractor shall, in all solicitations and advertisements for employees
placed by, or on behalf of Contractor, state that all qualified applicants will receive consideration
for employment without regard to race, color, religion, sex, national origin, mental or physical
disability, or any other basis prohibited by applicable law.
c.Contractor shall cause the foregoing paragraphs(a)and(b)to be inserted in
all subcontracts for any work covered by this Agreement, provided that the foregoing provisions
shall not apply to subcontracts for standard commercial supplies or raw materials.
16. Conflicts of Interest. Contractor agrees that it shall not make, participate in the
making, or in any way attempt to use its position as a consultant to influence any decision of City
in which Contractor knows or has reason to know that Contractor, its officers, partners, or
employees have a financial interest as defined in Section 87103 of the Government Code.
Contractor further agrees that it shall not be eligible to work as the design/build firm for the project
that is the subject of this Agreement.
17. Indemnity.
a. To the fullest extent permitted by law, Contractor agrees to indemnify,
defend and hold City, its City Council and each member thereof,and the officers, officials, agents
and employees of City(collectively the"Indemnitees") entirely harmless from all liability arising
out of:
1) Any and all claims under workers' compensation acts and other
employee benefit acts with respect to Contractor's employees or Contractor's subcontractor's
employees arising out of Contractor's work under this Agreement, including any and all claims
under any law pertaining to Contractor or its employees' status as an independent contractor and
any and all claims under Labor Code section 1720 related to the payment of prevailing wages for
public works projects; and
2) Any claim, loss, injury to or death of persons or damage to property
caused by any act, neglect, default, or omission of Contractor, or person, firm or corporation
employed by Contractor, either directly or by independent contract, including all damages due to
loss or theft sustained by any person, firm or corporation including the Indemnitees, or any of
them, arising out of, or in any way connected with the work or services which are the subject of
this Agreement, including injury or damage either on or off City's property; but not for any loss,
injury,death or damage caused by the active negligence or willful misconduct of City. Contractor,
at its own expense, cost and risk, shall indemnify any and all claims, actions, suits or other
proceedings that may be brought or instituted against the Indemnitees on any such claim or liability
covered by this subparagraph, and shall pay or satisfy any judgment that may be rendered against
the Indemnitees, or any of them, in any action, suit or other proceedings as a result of coverage
under this subparagraph.
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b. Reserved.
c.Except for the Indemnitees, the indemnifications provided in this
Agreement shall not be construed to extend any third party indemnification rights of any kind to
any person or entity which is not a signatory to this Agreement.
d. The indemnities set forth in this section shall survive any closing,
rescission,or termination of this Agreement, and shall continue to be binding and in full force and
effect in perpetuity with respect to Contractor and its successors.
18. Insurance.
a. Contractor shall carry workers' compensation insurance as required by law
for the protection of its employees during the progress of the work. Contractor understands that it
is an independent contractor and not entitled to any workers' compensation benefits under any
City program.
b. Contractor shall maintain during the life of this Agreement the following
minimum amount of comprehensive general liability insurance or commercial general liability
insurance: the greater of(1) One Million Dollars ($1,000,000.00) per occurrence; or (2) all the
insurance coverage and/or limits carried by or available to Contractor. Said insurance shall cover
bodily injury, death and property damage and be written on an occurrence basis.
c.Contractor shall maintain during the life of this Agreement, the following
minimum amount of automotive liability insurance: the greater of(1) a combined single limit of
One Million Dollars ($1,000,000.00); or(2) all the insurance coverage and/or limits carried by or
available to Contractor. Said insurance shall cover bodily injury, death and property damage for
all owned, non-owned and hired vehicles and be written on an occurrence basis.
d. Any insurance proceeds in excess of or broader than the minimum required
coverage and/or minimum required limits which are applicable to a given loss shall be available
to City. No representation is made that the minimum insurance requirements of this Agreement
are sufficient to cover the obligations of Contractor under this Agreement.
e.Each policy of general liability and automotive liability shall provide that
City, its officers, officials, agents, and employees are declared to be additional insureds under the
terms of the policy, but only with respect to the work performed by Contractor under this
Agreement. A policy endorsement to that effect shall be provided to City along with the certificate
of insurance. In lieu of an endorsement,City will accept a copy of the policy(ies)which evidences
that City is an additional insured as a contracting party. The minimum coverage required by
Subsection 18.b and c, above, shall apply to City as an additional insured. Any umbrella liability
insurance that is provided as part of the general or automobile liability minimums set forth herein
shall be maintained for the duration of the Agreement.
f.Reserved.
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g. The insurance policies maintained by Contractor shall be primary insurance
and no insurance held or owned by City shall be called upon to cover any loss under the policy.
Contractor will determine its own needs in procurement of insurance to cover liabilities other than
as stated above.
h. Before Contractor performs any work or prepares or delivers any materials,
Contractor shall furnish certificates of insurance and endorsements, as required by City,
evidencing the aforementioned minimum insurance coverages on forms acceptable to City, which
shall provide that the insurance in force will not be canceled or allowed to lapse without at least
ten (10) days' prior written notice to City.
i.Except for professional liability insurance coverage that may be required by
this Agreement, all insurance maintained by Contractor shall be issued by companies admitted to
conduct the pertinent line of insurance business in California and having a rating of Grade A or
better and Class VII or better by the latest edition of Best Key Rating Guide. In the case of
professional liability insurance coverage, such coverage shall be issued by companies either
licensed or admitted to conduct business in California so long as such insurer possesses the
aforementioned Best rating.
j Contractor shall immediately notify City if any required insurance lapses or
is otherwise modified and cease performance of this Agreement unless otherwise directed by City.
In such a case, City may procure insurance or self-insure the risk and charge Contractor for such
costs and any and all damages resulting therefrom, by way of set-off from any sums owed
Contractor.
k. Contractor agrees that in the event of loss due to any of the perils for which
it has agreed to provide insurance, Contractor shall look solely to its insurance for recovery.
Contractor hereby grants to City, on behalf of any insurer providing insurance to either Contractor
or City with respect to the services of Contractor herein, a waiver of any right to subrogation which
any such insurer may acquire against City by virtue of the payment of any loss under such
insurance.
1.Contractor shall include all subcontractors, if any, as insureds under its
policies or shall furnish separate certificates and endorsements for each subcontractor to City for
review and approval. All coverages for subcontractors shall be subject to all of the requirements
stated herein.
19. Termination. City may for any reason terminate this Agreement by giving
Contractor not less than five (5) days' written notice of intent to terminate. Upon receipt of such
notice, Contractor shall immediately cease work, unless the notice from City provides otherwise.
Upon the termination of this Agreement, City shall pay Contractor for services satisfactorily
provided and all allowable reimbursements incurred to the date of termination in compliance with
this Agreement, unless termination by City shall be for cause, in which event City may withhold
any disputed compensation. City shall not be liable for any claim of lost profits.
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20. Maintenance and Inspection of Records. In accordance with generally accepted
accounting principles, Contractor and its subcontractors shall maintain reasonably full and
complete books, documents, papers, accounting records, and other information (collectively, the
records")pertaining to the costs of and completion of services performed under this Agreement.
City and its authorized representatives shall have access to and the right to audit and reproduce
any of Contractor's records regarding the services provided under this Agreement. Contractor shall
maintain all such records for a period of at least three (3)years after termination or completion of
this Agreement. Contractor agrees to make available all such records for inspection or audit at its
offices during normal business hours and upon three(3)days'notice from City,and copies thereof
shall be furnished if requested.
21. Compliance with all Laws/Immigration Laws.
a. Contractor shall be knowledgeable of and comply with all local, state and
federal laws which may apply to the performance of this Agreement.
b. If the work provided for in this Agreement constitutes a"public works,"as
that term is defined in Section 1720 of the California Labor Code,for which prevailing wages must
be paid, to the extent Contractor's employees will perform any work that falls within any of the
classifications for which the Department of Labor Relations of the State of California promulgates
prevailing wage determinations, Contractor hereby agrees that it, and any subcontractor under it,
shall pay not less than the specified prevailing rates of wages to all such workers. The general
prevailing wage determinations for crafts can be located on the website of the Department of
Industrial Relations (www.dir.ca.gov/DLSR). Additionally,to perform work under this Contract,
Contractor must meet all State registration requirements and criteria,including project compliance
monitoring.
c.Contractor represents and warrants that it:
1) Has complied and shall at all times during the term of this
Agreement comply, in all respects, with all immigration laws, regulations, statutes, rules, codes,
and orders, including, without limitation, the Immigration Reform and Control Act of 1986
IRCA); and
2) Has not and will not knowingly employ any individual to perform
services under this Agreement who is ineligible to work in the United States or under the terms of
this Agreement; and
3) Has properly maintained, and shall at all times during the term of
this Agreement properly maintain, all related employment documentation records including,
without limitation, the completion and maintenance of the Form I-9 for each of Contractor's
employees; and
4) Has responded, and shall at all times during the term of this
Agreement respond, in a timely fashion to any government inspection requests relating to
immigration law compliance and/or Form I-9 compliance and/or worksite enforcement by the
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Department of Homeland Security, the Department of Labor, or the Social Security
Administration.
d. Contractor shall require all subcontractors or subconsultants to make the
same representations and warranties as set forth in Subsection 21.c.
e.Contractor shall, upon request of City, provide a list of all employees
working under this Agreement and shall provide,to the reasonable satisfaction of City,verification
that all such employees are eligible to work in the United States. All costs associated with such
verification shall be borne by Contractor. Once such request has been made, Contractor may not
change employees working under this Agreement without written notice to City, accompanied by
the verification required herein for such employees.
f.Contractor shall require all subcontractors or sub-consultants to make the
same verification as set forth in Subsection 21.e.
g. If Contractor or subcontractor knowingly employs an employee providing
work under this Agreement who is not authorized to work in the United States, and/or fails to
follow federal laws to determine the status of such employee,that shall constitute a material breach
of this Agreement and may be cause for immediate termination of this Agreement by City.
h. Contractor agrees to indemnify and hold City, its officers, officials, agents
and employees harmless for,of and from any loss,including but not limited to fines,penalties and
corrective measures City may sustain by reason of Contractor's failure to comply with said laws,
rules and regulations in connection with the performance of this Agreement.
22. Governing Law and Venue. This Agreement shall be construed in accordance
with and governed by the laws of the State of California and Contractor agrees to submit to the
jurisdiction of California courts. Venue for any dispute arising under this Agreement shall be in
Orange County, California.
23. Integration. This Agreement constitutes the entire agreement of the parties. No
other agreement,oral or written,pertaining to the work to be performed under this Agreement shall
be of any force or effect unless it is in writing and signed by both parties. Any work performed
which is inconsistent with or in violation of the provisions of this Agreement shall not be
compensated.
24. Notice. Except as otherwise provided herein, all notices required under this
Agreement shall be in writing and delivered personally, by e-mail, or by first class U.S. mail,
postage prepaid, to each party at the address listed below. Either party may change the notice
address by notifying the other party in writing. Notices shall be deemed received upon receipt of
same or within three(3)days of deposit in the U.S. Mail,whichever is earlier. Notices sent by e-
mail shall be deemed received on the date of the e-mail transmission.
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CONTRACTOR" CITY"
Gevork Consulting Engineering Inc. City of Orange
180 S. Quintana Dr. 300 E. Chapman Avenue
Anaheim, CA 92807 Orange, CA 92866-1591
Attn.: Gevork Martirosian Attn.: Sonny Tran
Telephone: (714) 680-6182 Telephone: (714) 288-2475
E-Mail: geork@aol.com E-Mail: stran@cityoforange.org
25. Counterparts. This Agreement may be executed in one or more counterparts,each
of which shall be deemed an original, but all of which together shall constitute one and the same
instrument. Signatures transmitted via facsimile and electronic mail shall have the same effect as
original signatures.
Remainder of page intentionally left blank; signatures on next page]
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IN WITNESS of this Agreement, the parties have entered into this Agreement as of the
year and day first above written.
CONTRACTOR"CITY"
GEVORK CONSULTING ENGINEERING INC., CITY OF ORANGE, a municipal corporation
a California corporation
DocuSigned by: Signed by:
By: Avhlit. hatireSicuA, By: terta, (,. tk"i(,duaoraln,d,
Printe-d-K fime9A37 6evork Martirosian aratf rittetibrand, City Manager
Title: President
By: ATTEST:
Printed Name:
c--Signed by:
Title:
tarfi rti r'fan, City Clerk
APPROVED AS TO FORM:
e—DocuSigned by:
ry(3) _J*uri4/1
tff'&PPP7itIMtrian, City Attorney
NOTE:City requires the following signature(s) on behalf of the Contractor:
1)the Chairman of the Board, the President or a Vice-President,AND (2) the
Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary
or an Assistant Treasurer. If only one corporate officer exists or one corporate
officer holds more than one corporate office, please so indicate. OR
The corporate officer named in a corporate resolution as authorized to enter
into this Agreement. A copy of the corporate resolution, certified by the
Secretary close in time to the execution of the Agreement, must be provided to
City.
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EXHIBIT "A"
SCOPE OF SERVICES
Beneath this sheet.]
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GCGEVORKCONSULTINGENGINEERING , I n c
CONTRACT AGREEMENT
9 3%2025
To: City of Orange
City of Orange Water Division
189 S.Water St.
Orange,CA 92866
Attn: Mr.Tuan Cao
Tel:714)288-2475
Email: tcao@cityoforange.org
Ref.: Emergency Generator for Reservoir#4 Pump Station
5300 Avenida Palmar,Orange,CA 92869
Gevork Consulting Engineering, Inc. is pleased to submit proposal for consulting Electrical & Structural engineering
services for above mentioned project.
Project Description:
Existing electrical service is 800A,277/480V 3 phase 4 wire.Entire station will be connected to emergency generator.
The existing MTS(manual Transfer Switch)will remain in place.
A. SCOPE OF WORK:
Preparing Electrical plans and specs for a 250KW (to be determined by City of Orange),277/480V 3 phase 4
wire emergency generator at Resrvoir#4 Booster Pump Station.
Design Period Services:
Electrical:
1. Two Job site visit(s)(Prior to design)
2. Electrical Site Plan to indicate location of Emergency Generator and main electrical service.
3. Load calculation(based on maximum demand load obtained through power company)
4. Emergency generator Specification(250KW or 300KW)
5. Partial Single Line Diagram.
6. Technical Specification.
7. Submittal to Building and Safety.
8. Response to plan check comments.
9. Response to contractor's RFI(s)maximum 3
Structural:
1. Structural Calculation for emergency generator concrete pad.
2. Anchorage details
3. Structural details.
4. Response to plan check comments 180 S.Quintana Dr.,
Anaheim,Ca.92807
Note: Design services performed under item A are limited to satisfying specific items required by the building Tel:(714)680-6182
and safety in order to obtain building permit. Additional items or detailing/items needed to help/facilitate
Fax (714)680-6183
construction shall be treated as extra services under item C.
Reservoir#4 Booster Pump Station,Avenida Palmar Orange,CA 1 of 5 initial
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GCGEVORKCONSULTINGENGINEERING , Inc
E
Construction Period Services
1. Response to contractor's RFIs
2. Review Submittals in a timely manner
3. Site visits(Three site meetings during Construction upon request)
Notes:
Construction Support Services will be invoiced per occurrence as specified in,Table- 1
Construction Support Services shall be performed solely for the purpose of assisting in achieving
conformance with contract drawings and specifications; they do not guarantee contractor's performance.
These services shall be distinguished from inspection services which are furnished by others..
Requested additional services would be extra charge and would require client approval.
Table- 1
qty hrs rate/Hr/mtg Total
1A) (2A) 3A) 1Ax2Ax3A)
Three site mtgs during Construction upon request 2 mtg 400.00 800.00
Submittal Review Electrical 2 sbmtl 2 210.00 840.00
Submittal Review Structural 2 sbmtl 2 210.00 840.00
Response to RFIs.beyond initial 3 4 RFI 1 210.00 840.00
Total 3,320.00
Exclusions:
Any service beyond the items and the maximum Quantities specified in Table- 1.
Additional engineering work needed by Contractor/Client(if any)
Any changes requested by Contractor/Client due to findings during construction that beyond scope of work
B. WORK NOT INCLUDED
1. Construction administration.
2. Redesign due to construction cost.
3. Acquisition of construction permits.
4. As-built plans preparation.
5. Life Safety,Fire Alarm plans.
6. Networking&low voltage wiring
7. Soil report
8. Fire Sprinkler plans.
9. Retrofitting existing Building&lateral analysis
10. Design and review of concrete mix
11. Soil Report
180 S.Quintana Dr.,
Anaheim,Ca. 92807
12. Means,methods,techniques,or sequences of construction and safety precautions.Tel:(714)680-6182
13. The design of shoring,scaffolding,temporary bracing,underpinning,temporary retaining of excavations Fax (714)680-6183
and erection methods or sequences.
Reservoir#4 Booster Pump Station,Avenida Palmar Orange,CA 2 of 5 initial
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Ge
GEVORK CONSULTING ENGINEERING , Inc
14. Low voltage design(security,etc.)
15. Sound Proofing&Acoustic work
16. Means,methods,techniques,or sequences of construction and safety precautions.
17. Bracing detail for conduit/pipe support
18. Verification of existing utilities location
19. Any services relating to the investigation,detection,abatement,replacement,discharge,or removal of
any toxic or hazardous contaminants or materials
20. All other services not mentioned in article"A"
C. EXTRA SERVICES
1. Client, architect or owner requested changes which are inconsistent with previously approved or
completed designs.
2. Items not included in paragraph A,Scope of Work.
3. Any changes requested by City/Client due to findings during construction that were not part of scope of work
4. Compensation for extra services shall be reimbursed on an hourly rate$210.0 per hour.
D. COMPENSATION
1. Our fee for services outlined in item A,Scope of work,will be a as itemized below:
Design services** 17,200.00
Construction Period Services mentioned as in Table-1 ** 3,320.00
This fee covers only services mentioned in Table-I.anything beyond would be extra and would require
client approval prior to proceeding.
2. Not to Exceed Fee for Printing&Messenger services 1000.00
3. The fee is due and payable in accordance with the following payment schedule:
Design services
Initial Payment 20% 3,440.00
Upon%50 of Design Progress 35% 6,020.00
Upon Submittal to client/for review 40% 6,880.00
Upon approval 5% 860.00
Construction Period Services.
Invoiced bi-weekly per occurrence
4. 30 days net waiting period after each Invoice.Invoices not paid within terms are subject to a 1.5%
monthly finance charge
E. REIMBURSABLES
1. Plan check and construction permit fees,if any
2. Reproduction cost of drawings for coordination, submittal, bidding and construction purposes when
requested by client,architect or owner($20.00/sheet).
3. Messenger services.
4. Plotting cost,$15.00 per sheet.
F. ABANDONMENT 180 S.Quintana Dr.,
Anaheim,Ca.92807
In the event the project is abandoned,the compensation will be the last progress billing plus a mutually agreed Tel:(714)680-6182
upon amount of work executed since the last billing or 80% of total contract agreement, whichever is the Fax (714)680-6183
greatest.
Reservoir#4 Booster Pump Station,Avenida Palmar Orange,CA 3 of 5 initial
Docusign Envelope ID: E751779C-D5CE-4A30-A028-7565D6F9276B
GCGEVORKCONSULTINGENGINEERING , Inc
G. SUBMITTAL REVIEW
If within the scope of work, Gevork Consulting engineering shall review and take appropriate action on shop
drawings, product data, samples, and other submittals required by the Contract Documents. Such review shall be
solely for general conformance with the design concept and general compliance with the Contract Documents.
It shall not include review of quantities, dimensions, weights or gauges, fabrication processes, construction
methods, coordination with the work of other trades, or construction safety precautions, all of which are the sole
responsibility of the contractor.
H. LIABILITY
Engineer (Gevork Consulting Engineering Inc) will not be responsible for the performance of other
consultants'/contractors'failures.Client will keep Engineer harmless from any legal actions.Engineer(Gevork
Consulting Engineering Inc) is not responsible for the means, methods, sequencing, installation, techniques or
scheduling of the work,and therefore is not responsible for jobsite safety except for its own personnel.
Agreement shall be binding on and shall inure to the benefit of the parties to this Agreement and their respective
heirs,legal representatives,successors and assigns.
This Agreement shall be construed in accordance with, and governed in all respects by, the laws of the State of
California. The venue for any disputes arising from or relating to this Agreement is the County of Orange, State
of California.
Neither party shall be liable for any failure or delay in performance under this Agreement(other than for delay in
the payment of money due and payable hereunder)to the extent said failures or delays are proximately caused(I)
by causes beyond that parry's reasonable control and occurring without its fault or negligence, including,without
limitation, failure of suppliers, subcontractors, and carriers, or party to substantially meet its performance
obligations under this Agreement, provided that, as a condition to the claim of non-liability, the party
experiencing the difficulty shall give the other prompt written notice,with full details following the occurrence of
the cause relied upon.Dates by which performance obligations are scheduled to be met will be extended for a
period of time equal to the time lost due to any delay so caused.
If any proceeding,arbitration or other action relating to this Agreement is brought by any party hereto against any
other party hereto, the prevailing party shall be entitled to recover reasonable attorneys' fees, costs and
disbursements(in addition to any other relief to which the prevailing party may be entitled.
Gevork Consulting Engineering is not liable for any delay caused by any other agency/firm due to their planning
process,design process or any other related engineering process.
Gevork Consulting Engineering, its principals, employees, agents or consultants shall perform no services
relating to the investigation, detection, abatement, replacement, discharge, or removal of any toxic or hazardous
contaminants or materials. The client acknowledges that the Gevork Consulting Engineering has no professional
liability(errors and omissions)or other insurance for claims arising out of the performance or failure to perform
professional services related to the investigation, detection, abatement, replacement, discharge or removal of
products, materials or processes containing asbestos or any other toxic or hazardous contaminants or materials
Hazardous Materials").
Any substitution or modification to the approved plans without the engineer's knowledge or approval will void all
liabilities and responsibilities by the engineer.
CLIENT RESPONSIBILITY
The client(City of Orange,Water Division)will provide Engineer:
a. Existing floor plan/site plan for Scope of work in CAD
b. Generator location
c. Electrical as built drawings
d. Access to Building 180 S.Quintana Dr.,
Anaheim,Ca.92807
Tel:(714)680-6182
Fax (714)680-6183
Reservoir#4 Booster Pump Station,Avenida Palmar Orange,CA 4 of 5 initial
Docusign Envelope ID:E751779C-D5CE-4A30-A028-7565D6F9276B
GCGEVORKCONSULTINGENGINEERING , Inc T
We look forward to this opportunity of working with you. Please indicate your acceptance of this contract by signing
in the space provided and return one copy for our files. . Commence of project will be upon receiving of signed
contract and initial payment.
With Regards
Gevork Martirosian,P.E.
Accepted by Client(City of Orange,Water Division):
Name Signature Date:
180 S.Quintana Dr.,
Anaheim,Ca. 92807
Tel:(714)680-6182
Fax (714)680-6183
Reservoir#4 Booster Pump Station,Avenida Palmar Orange,CA 5 of 5 initial