R2019-123 Resolution to Approve Preliminary Engineering Services Agreement and Appropriate Motor Fuel Tax Funds for the West Mound Road Bridge Over Stevens Creek, SN 058-3062 City Project 2019-33

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3. That payments due the ENG#NEER for services rendered in accordance with this AGREEMENT will be mad�as soon as practicable after the senrices have been performed in accordance with the foilowing schedule: a. Upon completian of detailed plans, special provisians, proposals and estimate af cost-being the wari�required by paragraphs 1 a through 1 k under THE �NGINEER AGREES-to the satisfaction af the LA and their approval by the DEPARTMENT, 9C}percent of tfie tota!fee due under this A�REE1�lENT based on the approved es#imate of cost. b. Upon awa�d of ihe contract far the imp�-ovement by the�A and its approval by the DEPARTMENT, 900 percent of the total fee due under the AGREEMENT based on the awarded contract cast, iess any amounts paid under"a" above. By Mutual agreement, partial payments, nat to exceed 90 percent af the amount earned, may be made from time to time as the work progresses. 4. That, should the improvement be abandaned at any time after the ENGINEER has perfarmed any part of the services provided for in paragraphs 1 a, thraugh 1 k and prior to the compietian of such services, the i.A shail reimburse#he ENGINEER for his actual costs pius �74 percent incurred up to the time he is notified in writing of such abandonment"actuai cost" being defined as in paragraph 2 of TNE LA AGREES. 5. Tha#, should the C.A require changes in any of#he detailsd plans, specificatior�s or estimates except far thase required pursuant ta paragraph 4 of THE ENGINEER AGREEs,�fter they have been approved by the DEPARTMENT, the LA will pay the ENGlNEER for such changes on the basis af actual cast plus �7q percent to caver profit, overhead and readiness to serve"ackual cast" being defined as in paragraph 2 of THE lA AGREES. tt is understood that"changes"as used in this paragraph shall in no way relieve the ENGINEER of his responsibility to prepare a corr►plete and adequate set af plans and specifications. 1t is Mutually Agreed, 1. That any difference between the ENGtNEER and the CA conceming their interpretatian of the provisians of this Agreement shall be referred to e committee of disinterested parties consisting of one member appainted by tha ENGJNEER, one mernber appoin#ed by the LA and a third member appainted by#he finra c�ther members#ar dispositian and that the committee's decision shall be final. 2. This AGREEMEtVT may be terminated by the LA upon giving notice in writing ta the ENGINEER at his last known post office address. Upon such terminatian, the ENGINEER shall cause to be delivered to the LA atl surveys, permits, agreements, preliminary bridge design 8�hydraulic report, drawings, specifications, partia!and campleted estimates and data, if any from traffic studies and soil survey and subsurface investigatians with the understanding that all such material becomes the property af the LA. The ENGINEER shali be paid for a�y services completed and any senrices partially completed in accordance with Section 4 af THE LA AGREES. 3. That if the contrac#fior construction has nat been awarded one year after#he acceptance af the plans by the LA and their approval by the DEPARTMENT, the I..A wil) pay the ENGINEER the balance of the engineering fee due ta make 100 percent of the t�tal fees due under this AGREEMENT, based on#he estimate af cost as prepared by tF�e EPIGINEER and approved by the L.A and the DEPARTMENT. 4. That the ENGiNEER warrants that he/she has nat employed ar retained any company or person, other than a bana fide employee warking solely for the ENGINEER, to solicit or secure this contract, and that he/she has nat paid or agreed to pay any company or persan, other than a bona fide employee working solely far the ENGINEER, any fee, commissian, percentage, brokerage fee, gifts or any other consideration, contingent upon or resulting from the award or making of this contract. For 8reach or violation c�f this uvarranty the!A shalt have the right to annu�this contract without tiability. P€inted 8122t24i9 Page 3 of 4 BLR 05510—MODIFIED(Reu 10115}