CC Resolution No. 6095. • s
RESOLUTION NO. 6095
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF AGREEMENT WITH KIRKEBY AND
ASSOCIATES, INC., PROVIDING FOR ENGINEERING SERVICES FOR
THE BOLLINGER ROAD IMPROVEMENTS PROJECT
WHEREAS, the City is desirous of engaging the services of a consultant
to prepare the plans and specifications for the Bollinger Road Improvements
project; and
WHEREAS, the firm of Kirkeby and Associates, Inc., Is qualified and
willing to provide Lhe necessary services; and
WHEREAS, an agreement between the City of Cupertino and Kirkeby and
Associates, Inc. outlining the terms and conditions of the required services,
has been presented to the City Council; and said agreement having 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 agreement herein referred to in behalf of
the City of Cupertinn.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino, this-t_6th__ day of , - Ma�_.�-__.• 19B3, by the
following vale:
Vote Members of the City Council
AYES: Johnson, Plungy, Rogers, Sparks, Gatto
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
Cit Clerk
APPROVED:
Atyor, City of Cup lino
AGREEMENT FOR E•'NCINEI.RINC SERVICES
This agreement, made and entered into this 16th day of _ May , 1983,
by and between Kirkeby S Associates, Inc., a California Corporation, herein called
"ENGINEER" and the City of Cupertino, a municipal corporation of the State of
California, herein called "CITY".
WITNESSETII
WHEREAS, CITY desires to contract for certain civil engineering work to include,
but not limited to, complete plans, specifications, and cost estimates for Bollinger
Road Street Improvements, Project 81-27; and
FiEMNS, 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 improvements for CITY review.
3. Prepare final working drawings for CITY and utility company review, including
but not limited to: curb and gutter, sidewalk, street lights and electrical
conduit, paving, guard rail and asphalt conforms.
4. Prepare specifications for the work.
5. Prepare cost estimates for the work.
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 and A.6
shall be Eight Thousand 'fwo Hundred Dollars ($8,200.00) plus Eleven
Percent (117) of the construction costs exceeding Fifty Thousand Dollars
($50,000.00).
b. Representation .and Additional Services:
The fee for work which is not specified in Article A., shall be de-
termined by multiplying the number of hours expended, for any such work
required by City, by the hourly rates of the Charge Rate Schedule, Ex-
hibit A.
ENGINEER shall perform additional services upon receiving a written
request therefor from City's Director of Public Works. Additional work
requiring the services of outside consultants, or other direct expenses,
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 com-
pleted 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.
Mm
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 in-
surance 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, in-
cluding but not limited to delays in performance by reason of strikes, lock-
outs, accidents, acts of Cod 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 or implied, as to its findings, recom-
mendations, 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.
E. SCOPE OF AGREDIENT
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 evidences by a writing signed by both
parties to this agreement.
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IN WITNESS U14EREOF, CITY has executed this agreement by authority contained
in Resolution No. 6095 of said City of Cupertino, dated the 16th
day of May , 1983.
"CITY" City of Cupertino
a Municipal Corporation
/a/ John M. Gatto
Mayor Date
ATTEST:
/s/ Dorothy Cornelius
City Clerk
"ENGINEER"
Kirkeby S Associates, Inc.
APPROVED AS TO FORM:
/s/ Chuck Kilian
City Attorney
Title
STATE OF CALIFORNIA )
as.
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`�®� day of /�/41 ,
in the year of '/�03/ '%before me —
personally appeared
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.
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OFFICIAL SEAL
IOHN HIT[
NOTARY ovrriC _ CALIFORNIA
y Public in and for the County
CVLRItY Or SANTA CIACA
nta Clara, State of California
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Cm�. E.P. j— 3, 1985
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