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10300 Torre Avenue
Cupertino, California 95014
Telephone: (408) 252-4505
OFFICE OF THE CITY CLERK
November 29, 1982
Cit'4 of Ct4perti»o
Attention: Mr. William Cotton
William Cotton and Associates
314 Tait Avenue
Los Gatos, California 95030
AGREEMENT
Dear Mr. Cotton:
P.O. Box 580
Cupertino, California 95015
We are sending to you a fully executed copy of the Agreement by and between
the City of Cupertino and William Cotton and Associates for Professional
Services, along with a copy of Resolution No. 5979, which was enacted by the
City Council of the City of Cupertino at their regular meeting of November 15,
1982.
Sincerely,
DOROTHY CORNELI S
CITY CLERK
CITY OF CUPERTINO
DC/so
encl.
cc: Public Works.
RESOLUTION NO. 5979
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF AGREEMENT FOR PROFESSIONAL
SERVICES WITH WILLIAM COTTON AND'ASSOCIATES, GEOLOGIST
WHEREAS, the City of Cupertino desires to engage the services of a
professional consultant for certain geological review of proposed develop-
ments within the City in areas of unknown geology; and
WHEREAS, William Cotton and Associates is qualified and willing to
render the required services; and
WHEREAS there has been presented to the City Council a proposed agreement
between the City and William Cotton and Associates; and the terms and provisions
of said agreement have been approved by the Director of Public Works and the
City Attorney;
NOW, THEREFORE, BE IT RESOLVED that the Mayor and the City Clerk are hereby
authorized to execute the aforementioned agreement in behalf of the City of
Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Cupertino this 15t -b day of November , 1982 by the following vote:
Vote Members of the Citv Council
AYES: Johnson, Plungy, Rogers, Sparks, Gatto
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
/s/ Dorothy Cornelius
City Clerk
/s/ John Gatto
Mayor, City of Cupertino
AGREEMENT FOR PROFESSIONAL SERVICES
By and between the City of Cupertino, hereinafter called "CITY", and
William Cotton and Associates, Inc., hereinafter called "GEOLOGIST";
VHEREAS, the CITY has sections of the City° :which are in the foothills and -
in areas of unknown geologic and geotechnical hazards; and
WHEREAS, the CITY desires to commission a orofessional consultant for cer-
tain technical review of proposed developments within the City of Cupertino; and
WHEREAS, GEOLOGIST offers to provide geologic and geotechnical review of
development plans, reports and documents; and
WHEREAS., GEOLOGIST is a qualified experienced engineering geologist;
NOW THEREFORE, be it resolved and agreed to by the parties hereto:
SERVICES
GEOLOGIST shall provide professional services by reviewing plans, reports
and documents when provided to him by CITY; and;
GEOLOGIST shall provide to CITY limited comments on the completeness, scope
and technical quality of said plans, reports and documents. Specifically,
GEOLOGIST shall assure that all reports, documents and plans adequately and
specifically identify and describe the geologic and geotechnical hazards. Said
review shall be limited to faulting and formation hazards. However, GEOLOGIST
shall have the duty to inform the CITY if any other serious hazard exists
within the vicinity of the development; and
GEOLOGIST agrees that all communication shall be in writing and shall
return to CITY comments and recommendations for each development within ten
(10) working -days from the date of receipt of documents from the CITY. GEOLOGIST
further agrees to respond to telephone contacts within twenty-four (24) hours of
contact by CITY; and
GEOLOGIST further agrees that he/she is providing professional services to
the Director of Public Works who shall have the right to accept or reject said
professional comments and recommendations; and
GEOLOGIST further agrees that, with sufficient notice, he/she will attend
public meetings as requested by CITY and shall provide special consultations
with the Director as requested bv CITY.
DOMIENTS
The CITY shall transmit one original copy of all documents required by
GEOLOGIST for review of the proposed development. Said document shall be re-
tained by GEOLOGIST in permanent files. CITY shall also keep originals and
final reports which shall be open and available to the public; and
GEOLOGIST shall make his/her files available to the Director at the request
of the Director.
PAYMENT
Said professional services shall be compensated at the rate of Fifty
Dollars ($50.00) per hour or as agreed between GEOLOGIST and the CITY: and
GEOLOGIST further agrees that he/she shall be compensated at the rate
of Five Hundred Dollars ($500.00) per application. Said lump sum fee may be
increased prior to the start of anv review by GEOLOGIST if the Director of
Public Works and the Assistant City Engineer and GEOLOGIST agree by majority
vote that:
1. The proposed development is unusually large or in a complicated
geological region.
2. Special field reports and/or testing is required.
3. The applicant has provided inadequate reports, plans or tests and re-
fuses to provide additional information.
- 2 -
CITY agrees to pat' GEOLOGIST once a month upon receipt of an itemized
invoice for all work completed to date.
TER14INATION
This AGREEMENT can be cancelled by either party upon giving the other
party sixty (60) days notice. However, GEOLOGIST agrees to complete all current
work, and CITY agrees to pay for all work transmitted to GEOLOGIST.
CONTRACTS/ADDRESS
GEOLOGIST Designates: NAME: � K I A&N,'
CITY Designates:
Approve s to f rm:
e le
City Attorne i'
L'
,SIX
HOTS PHONE( --4
WORK PHONE :C4[
ADDRESS: L -�
Q►ml*
OR:
HOME PHONE:
WORK PHONE:
ADDRESS:
CITY OF CUPERTINO
MAY 0 R : /7
QX
CITY CL RIC:
DATE: //,j/ Z—
GEOLOGIST: v
CITY agrees to pay GEOLOGIST once a month upon receipt of an itemized
invoice for all work completed to date.
TERMINATION
This AGREEMENT can be cancelled by either party upon giving the other
party sixty (60) days notice. However, GEOLOGIST agrees to complete all current
work, and CITY agrees to pay for all work transmitted to GEOLOGIST.
GEOLOGIST Designates:
CITY Designates:
Appr ve a to f r
1 ly
C A t7to ne
CONTRACTS/ADDRESS
NAME:
OR:
HOME PHONE:
WORK PHONE:
ADDRESS:
NAME:
OR:
HOME PHONE:
WORK PHONE:
ADDRESS:
CITY OF CUPERTINO
MAYOR:
CITY CLERIC:
DATE:
GEOLOGIST: