HomeMy WebLinkAboutContract Eng. Services - Mark Thomas & Co - 1968 i
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a^O-Titk CT FOR ENGINEE�T' UG SEnVICES
The following is an agreement between the C`TY OF CUPERTINO,
California, hereinafter referred to as "City," and MARK THCVAAS
�' ; CO. INC. , a corporation, Civil Engineers and Surveyors, San Jose,
California, hereinafter referred to as "Consulting Engineer,"
W I T N E S S E T H
WHEREAS, the Consulting Engineer is a duly licensed and
qualified engineer, experienced in making . surveys for all types
of water works improvements, preparing plans and specifications
therefor, and estimating costs theraof, and is experienced as a
consulting engineer in all matters connected therewith, and has
offered his services for the purposes specified in this agreement;
and .
WHEREAS, in the judgment of the City Council of said City
it is necessary and advisable to employ the services of said Con-
sulting Engineer for said purposes in connection with its proposed
construction program entitled "WATER STORAGE AND SUPPLY 1.1AIN
FACILITIES , " now, therefore ,
THE PARTIES HERETO AGREE AS FOLLOWS :
1. Employment of Consultinq Engineer: City agrees to employ
Consulting Engineer and Consulting Engineer agrees to perf=:, en-
gineering services for City in accordance with the pr.ovisionF
hereinafter contained in this agreement .
2. Duties of Consulting Engineer: Consul�ing Engineer agrees
to prepare .final plans and specifications adequate and sufficient
for the construction of water storage and supply main improve-
raents. In connection. therewith, Consulting Engineer shall also
provide frequent. consultation service and interpret plans and
specifications.
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Soils reports and/or foundation analysis necessary :for con
struction of water, storag& and supply -lain improvements within the
project are to be separately ordered by City and are not included
r in this contract. consulting Engineer shall provide ground control
and coordination as necessary for any required soil investigation
work.
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M� 3. Sufficiency of Enaineerinq .!T2xk: Consulting Engineer agrees
that all engineering work shall be proper engineering services , and
shall be adequate and sufficient to meet the purposes specified.
4. Collies of Plans and Specifications To Be Furnished: Consult-
ing Engineer agrees to furnish at his own cost and expense twenty
(20) copies of the plans and twenty-five (25) copies of specifica-
tions and contract documents for this construction program, a«d
such additional copies at cost of reproduction as may be necessary.
5 . Title to Doc,iments: All maps, plans , designs , and detailed
drawings, records of survey, work date , and all other documents
prepared or prescribed by Consulting Engineer in the performance
of this agreement shall immediately become the property of City.
6. Pavment of Services : in consideration of the faithful per-
formance of this agreement by Consulting Engineer , City agrees to
pay Consulting Engineer a Percentage Fee "A" which shall cover all
services set forth in Paragraph 7 hereof , and a Percentage Fee "B"
for construction stake out work set forth in Paragraph 10 hereof .
Whenever the words "per cent of cost" are used in this agrce-
111ent., they shall refer to the cost as determined by the final con-
tract construction price of this particular project, including any
extra wbrk which may be ordered by Ci which involves the services
of Consulting Engineer.
(2)
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7. En inea;rir.- SM.rvices Included its Percentage Fee "A" • The
e: engineering services covered. by Percentage Fee ".A" shall include
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tape• following:
a. Preliminary -work .iecessary to outline extent and tyP� of
` isnproveme nts.
b. Field surveys for Land Acquisition, Route Location, and
'` Topography.
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Preparation of land acquisition plats and legal descriptions .
Preparation of plans and specifications for construction.
e. Estimates of quantities and costs.
f. Advice regarding award and execution of contract.
g. Checking working drawings required of the contractors.
h. Consultation and advice during construction, excepting resideri4
inspection.
i. Up to $600 value at standard per diem rates for conferences ,
exhibits, and negotiations with H .U.D. regarding a Federal
Grant Application .
8. Determination of Percentage Fee "A": Percentage Fee "A"
shall be determined as set forth in Figure 2 , Manual No. 45 , Con-
sulting Engineering , prepared by the Committee. on Professional
Practice of the American Society. of Civil Engineers , dated 1967 .
The following schedule has been determined from said Figure 2 :
Percentage of
Net Cost of Work Cost as Rate for
Not Exceeding: Charges for Work
$100 , 000 . 00 8 . 11
200,000 . 00 7 . 34
300, 000 . 00 6. 84
NOTE: When -he actual cost :"alls between two stated
costs on the schedule, the actual percentage shall
be determined by prorating between the two stated
percentages in the same proportion as the actual
cost relates to the stated costs .
(3)
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` 9. PrLiogress Payment of Percentage Fee "A": Percentage Fee "A"
shall be due and payable to the Consulting Engineer 30 days from
date of invoice in accordance with the following schedule:
15% when the surveys and plans are 20% complete
15% when the surveys and plans are 40% complete
15% when the surveys and plans are 50% complete
15% when the surveys and plans are 80% complete
15% when the surveys and plans and specifications
are complete
15% when the construction contract is awarded
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10% upon the final acceptance of the work
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10, Work To Be Included in Percentage Fee "B" : Percentage _Fee
"B" is determined to be two and one-half per cent (2 . 5%) of the
per cent of cost" as defined in Paragraph 5 , and shall include
the construction stake out of the project.
If the City desires to perform all construction staking ,
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necessary to constructing the work, with City employees, Percent-
age Fee "B" will not be charged.
11. Time of Payment of Percentage Fee "B" : Work to be paid
for on the basis of Percentage 1,ce "B" shall be due and payable
to Consulting Engineer 30 days from date of invoice, in accordance
with the following schedule :
Progress billings are to be made once each thirty
b' (30) days during the progress of the work; however,
billings shall not exceed ninety per cent (90%) until
final acceptance of the construction work.
1-2. Consulting Engineer Is Not Employee of City: It is under-
stood that Consulting Engineer is not acting hereunder in any man-
ner as an employee of City, but solely under this agreement as
(4)
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, contract engineer', and City shall not Under any circumstances be .
liable to said Consulting Engineer, or 'any rerson or persons acting
for or under t;im, for any .ieath or injuries received or claimed,'
and said Con_ ulttng Engineer agrees' to hold City ,. its .agents and
ployees, harmless for any and all liability arising out of the
performance of this work which is the result of negligence , error,
or omission by said Consulting Engineer.
13. Termination of Contract; Abandonment of Construction Pro-
�ect; and Payment of Fees Therefor:
<= a. City may terminate this agreement at an. time without
cause upon notice of discontinuance and termination of
said agreement given in. writing by City to said Consult-
ing Engineer; such notice shall be sufficient and, com-
plete when same is deposited in the United States mail,
postage prepaid, addressed as follows :
MARK THOMAS & CO. INC.
CIVIL ENCINEERS AND SURVEYORS
18 NORTH SAN PEDRO STREET
SAN JOSE-, CALIFORNIA 95110
b. City may, at any time in its discretion , abandon or
suspend the construction of the proposed construction
project being constructed under_ the terms of this
agreement.
C. In the event of the abandonment or suspension of work
for which engineering services have been performed
under this agreement, or in the ev£,nt of the: termina-
tion of this agreement, the Consulting Engineer, if
requested to do so by City, shall stop work at the
stage directed by City and shall deliver to City all
data, specifications, and drawings developed as .of
said stage, and City shall have the .right to have such
,' (5)
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drawings, data, and specifications completed by others,
.- and Consulting Engineer shall accept as full payment
' for services rendered, 'anel for all work to be done and
perfor-med hereunder, or. done and performed prior to the
effective date hereof, and in complete satisfaction of
any and all claims against said City accruing to said
Consulting Engineer by reason of abandonment or suspen-
Sion of the work or termination of said contract, the
following sums:
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(1) If such termination occurs prior to the award
of contract by City for the construction of this
particular project, -:hen Consulting Engineer shall
be paid only for the reasonable value of services
performed by him up to the time- of such termination
of this contract, but in no event to exceed ninety
per cent (90%) of Percentage Fee
(2) If such termination occurs subsequent to the
award of the contract by City for the construction
of this particular project, then Consulting Engineer
shall receive ninety per cent (900) of Percentage
Fee "A" , plus reasonable value of the services ordered
and rendered subsequent to the award of the contract
up to the time of such termination of this agreement;
but in no event shall Consulting Engineer receive
more than he would have received if said contract had
not ;)een terminated.
14 . Time of Completion: Consulting Engineer will
�la3s and specifications on e
July 1, 1968.
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(6)
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15. Scope of Agreement: This writing .constitptes the entire
.; agreement between the parries relative' to the engineering services
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and nc: modification hereof shall be effective unless and until
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such modification is evidenced by a- writing signed by. both panties
v' to this agreement.
K�r IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed the lgth de.y of March 1968,
CITY OF CUPERTINO, a ;'Municipal
s' Corporation of the State of
California
By
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Attest :
a
f By •
C Clerk
(City)
s MARK THO' AS & CO. INC. , a
California corporation
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B,
(Consulting Engineer)
APPROVED AS TO FORM:
Attorney