83-023 Kier and Wright Civil Engineering Services, Inc., Miscellaneous Water Replacement, Project 1983-84, Resolution No. 6108 AGREEMENT FOR ENGINEERING SERVICES
This Agreement made and entered into this 16th day of June
1983, by and between Kier & Wright Civil Engineers & Surveyors, Inc. , herein
called "ENGINEER" and the City of Cupertino, a municipal corporation of the
State of California, herein called "CITY."
WITNESSETH
WHEREAS, City desires to contract for certain civil engineering work to
include, but not limited to, complete plans, specifications, and cost estimates
for 1983-84 miscellaneous water main replacement project; and
WHEREAS, Engineer is willing and qualified to do said engineering work;
Now, Therefore, in consideration of the mutual promises, covenants, and
agreements herein set forth the parties do hereby agree as follows:
A. DUTIES OF ENGINEER:
1. Provide complete topography of the work including accurate
horizontal and vertical alignment of all existing utilities.
2. Provide preliminary plans of the proposed water lines for
City review.
3. Prepare final working drawings for City and utility company
review.
4. Prepare specifications for the work.
5. Prepare cost estimates for the work.
6. Provide construction staking.
7. Provide traffic control plan during construction.
B. DUTIES OF CITY:
1. Provide all information available in City records to Engineer.
2. Review of preliminary plans, specifications, estimates, and other
documents presented by Engineer and render decisions in writing
within a reasonable time and give prompt written notice to Engineer
at any time City observes or otherwise becomes aware of any error,
omission, or defect in the project.
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3. ,Make all necessary provisions for Engineer to enter upon
public and private property as required in the performance
of his services under this agreement.
C. COMPENSATION:
1. Fee:
For and in consideration of the professional services to be provided
by Engineer hereunder, City agrees to pay Engineer, and Engineer
agrees to accept from City as full compensation for said services
the following amounts:
a. Basic Fee:
The fee for work set forth in Article A. 1, A.2, A.3, A.4, A.5, A.6 and
A.7 shall be Fifteen Thousand Dollars ($15,000) .
b. Representation and Additional Services:
The fee for work which is not specific in Article A. , shall be determined
by multiplying the number of hours expended, for any such work required
by City, by the hourly rates of the Charge Rate Schedule, Exhibit A.
Engineer shall perform additional services upon receiving a written
request therefor from City's Director of Public Works. Additional work
requiring the services, will be reimbursed at the rate of 1.10 times
the direct cost. •
2. Payment of Fee:
The fee shall be as follows:
At the end of each month during the term of this agreement Engineer
shall prepare a bill showing the work performed for the month for which
the bill is submitted. City shall, within thirty (30) days after
submission of said bill, pay the sum indicated thereon if it finds the
bill is correct and if the services described therein have been performed
pursuant to the terms of this agreement.
The City shall retain 'ten 'percent (10%) of the fee until the work is
completed to the satisfaction of the City Engineer.
D. MISCELLANEOUS PROVISIONS:
1. Assignment of Engineer's Duties:
Engineer shall not assign any rights or duties under this Agreement to a
third party without the prior written consent of City.
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2. 'Engineer Independent Contractor:
It is understood by and between the parties hereto that Engineer, in
the performance of this Agreement, shall act as, and be, an independent
contractor and not an agent or employee of City.
3. Worker's Compensation Insurance:
Engineer shall obtain and keep in full force and effect, compensation
insurance necessary in connection with the performance of this Agreement
to protect itself and its employees under the Worker's Compensation
Insurance and Safety Act.
4. Time of Completion:
The parties hereto agree to immediately and diligently proceed with their
respective duties as set forth herein to the end that the *project will be
completed satisfactorily within the shortest reasonable time.
Engineer will be granted time extensions for performance in the event
that time schedules cannot be met for delays beyond his reasonable
control, including but not limited to delays in performance by reason
of strikes, lockouts, accidents, acts of God or delays caused by failure
of City to furnish information or to approve or disapprove Engineer's
work promptly.
5. Engineer's Responsibility:
' 'Engineer is employed herein to render a professional service only and any
payments made to him are compensation solely for such services as he may
render and recommendations he -may make in the design of the project.
Engineer makes no warranty, either expressed orimplied;-as to its
findings, recommendations, specifications or professional advice other
than they were promulgated after following a practice usual to Engineering
Profession.
6. Estimates of Cost:
Since Engineer has no control over the cost of labor, materials or
equipment, or over the contractor(s) ' methods of determining prices, or
over competitive bidding or market conditions, his construction costs
are to be made on the basis of his experience and qualifications and
represent his best judgment as a design professional familiar with the
construction industry, but Engineer cannot and does not guarantee that
proposals, bids or the construction cost will not vary.
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E. SCOPE OF AGREEMENT:
This writing constitutes the entire Agreement between the parties relative
to engineering services for the 'project, and no modification hereof shall
be effective unless and until such modification is evidenced by a writing
• signed by both parties to this Agreement.
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IN WITNESS WHEREOF, City has executed this Agreement by authority contained in
Resolution 6108 of said City of Cupertino, dated the 20th day of
June , 19 83.
"CITY" City of Cupertino
a Municipal Corporation
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ATTEST:
CLERK OF THE TY
OF CUPERTINO "ENGINEER"
Kier & Wright
Civil Engineers & Surveyors, Inc.
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President
APPROVED AS TO FORM: •
CITY ATTO' Y
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EXHIBIT A
In the event this agreement is breached, terminated, cancelled or extra work is required, then consultant shall
be paid per following schedule:
$57.00 per hour for services of Principal Engr. $ per hour for services of
$47.00 per hour for services of Office Engr. $ per hour for services of
$41 .00 per hour for services of Computer Draftsman $ per hour for services of
$33.00 per hour for services of Draftsman $ per hour for services of
$ per hour for services of $ per hour for services of
$95.00 per hour for services of�_Man Survey Party $-- per hour for services of_Man Survey Party
$120.00per hour for services of 3 Man Survey Party $ per hour for services of—Man Survey Party
Note (1) Above schedule is for straight time only and in the case of overtime, the rate charged for will be
15/2 times the hourly rates shown and Sundays and holidays at 3 times the hourly rates shown.
Note (2) Schedule above is also to be adjusted in accordance with Paragraph 33 of the standard provisions
of this agreement
IS
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STATE OF CALIFORNIA )
ss.
COUNTY OF SANTA CLARA) .
On this day of day of
in the year of , before me
personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence)
to be the person whose name is subscribed to this instrument, and acknowledged
that he (she or they) executed it.
WITNESS my hand and official seal.
Notary Public in and for the County
of Santa Clara, State of California
CORPORATION ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
ss.
COUNTY OF SANTA CLARA)
On this day of sixteenth day of June
in the year of 1983 , before me David A. Readler
personally appeared Richard T. Kier
personally known to me (or proved to me on the basis of satisfactory evidence)
to be the person who executed the within instrument as president (or secretary)
or on behalf .of the corporation therein named and acknowledged to me that the
corporation executed it.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal in the County of Santa Clara the day and year in this certificate first
above written.
!m ee 111177111/11111 a 7111111mr11e7711c11c77 x 1117111111q
OFFICIAL SEAL
GA DAVID A. READLER
-atiii.!`� NOTARY PUBLIC — CALIFORNIA w
\ �� sena . COUNTY OF SANTA CLARA .4.
Notary Public in and for the County
\T'^� Comm. OFp. April. 5, 1985 q of Santa Clara, State of California
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