05-033, Kier & Wright
Kier & Wright
Fax:4087275641
Ma~ 19 2005 10:26
P.02
AGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
408-777-3200
No.t2ZJl)~4r~ cf
BY THIS AGRE ENT, made and entered into this 18t11 day of May, 2005.. by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and Kier & wrIght
Address 3350 Scott Boulevard, Bldg. 22, Santa Clara, CA 95Q54jPhone 408~727-6665;
e--mall: jvigil@kierwright.com(Herelnafter referred as CONTRACTOR), .in consideration of their mutual covenants,
the parties hereto agree as follows:
CONTRACTOR shall prOVide or furnish the following specified services and/or materials: Prepare a detailed
topographic survey of the areas contained in the Stevens Creek Corridor Park and other itf!Jms per the
proposal
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit CiA" proposal
TERMS: The services and/or materials furnished under this Agreement shall commence on May 19,2005
and shall be completed before Dec. 1.2005.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: Not to Exceed
$98.000.00 and in accordance with the proposal
California Labor Code, Section , 771 requires the payment of prevailing wages to all workers employed on a Public Works COntract in excess of
$1,000.00.
GENERAL TeIWS AND CONDITIONS
Hold Hannless. Contractor agrees to save and hold harmless the City. i1s officers, agents and employees from any and all damsge and liability dOJe
to negligence, errors and omissions, including all costs of defending any claim, cauMd by or arising out of the performance of this Agreement. City
shall not be liable for acls of Contractor in performing services desclibed herein.
Insurance. Should the CJty require evidence of insurablllty, Contractor shall file wIth City a CertifICate of Insurance before commencing any services
under this Agreement. Said Certificate shall be subject to the approval of City's Director of Administrative Services.
Non-Discrimination. No disc:rimination shall be made in the employment of persons under thIs Agreement because of the race, color, national
origin, anoosb)'. religion or sex of such person.
Interest of Contractor. It is understo6d and agreed that this Agreement is not a contract of employment in the sanse that the relationship of master
and servant exists between City and undersigned. At all times, Contractor shall be deemed to be an Independent ronlractor and Contractor is not
authorized to bind the City to any rontracts or other obligations in executing this agreement Contractor certifies fI1at no one who has or will have
any finanCial interest under Ulls Agreement is an officer or employee of City.
Changes. This Agl'ec!:m~l1t ~hall not be aSSigned 01' transferred without me written consent of the City, No changes or variations of any kind are
authorized without the written consent of the City.
'1J EN'rERE:n
CONTRACT CO-ORDINATOR and representative for CITY shall be:
NAME: Terry Greene
DEPARTMENT: Public Works Department
This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this
Agreement the day and year first written above.
CONTRACTOR;..
J<.'S~ ~ luRf~",-
By a- j'\I'\4""\.,. 1\. ln~
Title A 55~c:tS\T€
Soc. Sec. # or Tax I.D. "
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CITY OF CUPERTINO:
AM
$98,000.00
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EXHIBIT A
01"'11(<""
PUBUC \N ;r,h:J.
KIER
WRIGHT
,; .,~ ;1f\!V";
~ :1 (,,'.J'i..:'"
Civil Engineers
May 13,2005
Terry W, Greene, AlA
City Architect
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
RE: Stevens Creek Corridor
Cupertino, CA
Dear Terry,
We are pleased to present the following proposal for the Stevens Creek Corridor project in
Cupertino.
Scope of Services
Proposed Fee
1. Detailed Topographic Survey in areas specified at the meeting of April
9,2005, and further defined in the meeting on May 11,2005. These fees
are based on the fact that Kier & Wright will use the aerial base map
recently prepared for the detailed Topographic Surveys,
Area Fee
"A" $6,500
"8" $4,800
"C" $2,400
"D" $2,000
"E" $4,000
"P" $13,800
"G" $6,800
"H" $5,800
"J" $4,800
"K" $5,800
"L" $2,800
"M" $6,800
"W" $3,800
"Y" $6,900
Preliminary Title Reports: $7,500 (Allowance, this cost may vary)
Plot property lines and easements per Preliminary Title Reports
including Lot 29, Tract 5362: $8,000
Total Fee: $92,500
F:\Proposals\City ofCupertino\Stevens Creek Corridor Cupertino.doc
3350 Scott Boulevard, Building 22 · Santa Clara, California 95054 . (408) 727-6665 . FAX (408) 727-5641
Terry W. Greene, AlA
City of Cupertino
W April 26, 2005
Page 2 of3
EXHIBIT A
KIER WRIGHT
Civil Engineers Surveyors, Inc.
Description of Topographic & Utility Work to be done in Areas "A" through "Y".
Area "A": Topographic & Utility survey work to show the existing parking lot and curb
areas on a portion of Stevens Creek Boulevard and the frontage road from the
Blue Pheasant Restaurant to the existing private residence to the west. The prior
work done on the Blue Pheasant Restaurant will be merged with this portion of
the survey.
Area "B": Topographic & Utility survey of a swath of land on the Stockmeier Residence
from Stevens Creek Boulevard to the Orchard area behind the existing residence.
(No buildings) (Locate retaining wall and trees in swath)
Area "C": Spot elevations on a swath of land winding through the orchard. We will locate
the end of the trees on each row and count the existing trees on path. (Locate 1
orchard tree) (No trees) (Spot elevations along new pathways)
Area "D": Topographic & survey of a swath of land spanning the creek. This will help
determine the placement of the new bridge. (Locate trees)
Area "E": Topographic & Utility survey of a swath of land from the new bridge placement
area along Stevens Creek to the maintenance bldg.
Area "F": Topographic & Utility survey of the vacant land area from the edge of the golf
course to the edge ofthe tree canopy on the east side of Steven's Creek. This
will also include the corners and finish floor elevations of all buildings. This
area will include the majority of the Blackberry Farm Picnic & Group areas all
the way to the SCVWD.
Area "G": Topographic & Utility survey of the wooded picnic area on the west side of
Stevens Creek opposite of Area "F". This area lies North of the oxbow on
Stevens Creek. (No horse pits or bar-b-que areas will be located) (All trees will
be located)
Area "H": Topographic & Utility survey of the picnic area on the south side of Stevens
Creek along the northerly side of Scenic Drive, south of the oxbow. (Include
path and existing bridge) (No structures)
Area "J": Topographic & Utility survey of the grassy area south of the picnic grounds, east
of Stevens Creek. (The SCVWD property leased area shown on Tract No.5362)
Area "K": Topographic & Utility survey of the area just southeast of the McClellan Ranch
4-H area, south ofthe Lands of SVWD and northerly of McClellan Road.
F:\Proposals\City of Cupertino\Stevens Creek Corridor Cupertino.doc
3350 Scott Boulevard, Building 22 . Santa Clara, California 95054 . (408) 727-6665 . FAX (408) 727-5641
Terry W. Greene, AlA
City of Cupertino
W April 26, 2005
Page 3 of3
EXHIBIT A
KIER
WRIGHT
Civil Engineers
Area "L": Topographic & Utility survey around the sun dial area. We will also merge the
existing McClellan Ranch survey into this area.
Area "M": Topographic & Utility survey ofthe street frontage area along McClellan Road
from the bridge to the first turn on the west of McClellan Road.
Area "W": Topographic & Utility survey of a small swath of land from Scenic Drive to
Stevens Creek located near the northwest corner of the Lands of SCVWD.
(Include water pipe crossing creek)
Area "y": Topographic & Utility survey of San Fernando Avenue from Byrne Avenue to
connect with previously described area "F".
The fees for these detailed topographic survey portions are for budget purposes only, and
will be billed on a time and a materials basis.
. 2. Party Ckiet?IRstntlHeRt MaR (fer f'laft ef ~HrYey TealH rettHeE/teEl BY ~aRta $1 Q4/kElHr'
Clara CElHRty Water Distriet). NoT ~ ~Y"'+ o+-f1..\S A~re.€-rV\e.nt
c."" '-
3. Attendance at meetings.
Hourly.
4. Civil engineering
Hourly .
Exclusions
1. Printing, plotting and delivery (billed at cost plus 10%).
If this proposal meets with your approval, please sign below and return to me via mail or
facsimile.
Sincerely,
KIER & WRIGHT
j ., 'P, U...q;JL
~y R. Vigif, L.S.
Associate
Approved By:
Date:
F:\Proposals\City of Cupertino\Stevens Creek Corridor Cupertino.doc
3350 Scott Boulevard, Building 22 · Santa Clara, California 95054 . (408) 727-6665 · FAX (408) 727-5641