85-029 HMH, Inc. Engineering Services for Stevens Creek widening between Phar Lap & Carmen Rd. Reso 6624Job No. 260-02-0
AGREEMENT FOR ENGINEERING SERVICES
THIS AGREEMENT, made and entered into by and between HMH, Inc., Consulting Civil
Engineers, a California corporation, herein called "ENGINEER", and the CITY OF
CUPERTINO, a municipal corporation of the State of California, herein called
"CITY";
W I T N E S S E T H
WHEREAS, City desires to contract for certain civil engineering work to include
review of existing right of way, land surveys, topographic surveys, design and
preparation of construction drawings for the improvements of Stevens Creek
Boulevard from Phar Lap Drive westerly to 200' westerly of Carmen Road including
right-of-way requirements and pedestrian bridge abutments and wing walls, side-
walk conforms, and chain link fence incorporated into footings and sidewalk at
the existing bridge at Stevens Creek, and;
WHEREAS, Engineer is willing and qualified to do said engineering and design and
to prepare said drawings;
NOW, THEREFORE, in consideration of the mutual premises, covenants, and agree-
ments herein set forth, the parties do hereby agree as follows:
I. DUTIES OF ENGINEER
Engineer's professional services shall consist of the following:
A. Phase One
1. Review and/or analyze existing data, including:
a. Preliminary and record plans furnished by City
b. Current title reports
c. Available right-of-way
d. Soils engineering report
2. Provide land and topographic surveys.
a. Perform field surveys of existing monumentation and set premarks
for aerial survey of the right-of-way area.
b. Compute the existing right-of-way lines based on the field
survey and record data.
Job No. 260-02-0
Page 2
c. Obtain aerial topographic survey for delineation of photo
visible physical features and ground surface elevations. The
outline (dripline) of existing trees or tree clumps will be
shown but the location of individual trees will not be obtained
at this time.
d. Plot the right of way on the topographic map.
e. Obtain invert elevations of existing gravity lines in the R/W
and in connecting streets at accessible manholes and/or catch
basins.
f. Based on the survey and record data supplied by utility com-
panies and the City, plot the location of existing underground
public utilities.
3. Consult with City staff relative to planning and design criteria,
including use of retaining walls.
4. Based on the above, prepare a conceptual alignment of the proposed
improvements to Stevens Creek Boulevard and review with City staff.
B. Phase Two
1. Preliminary Design
Prepare preliminary (30%) plans of the improvements based on the
conceptual alignment approved by City. The preliminary plans will
include:
a. Preliminary horizontal and vertical alignment
b. Typical cross sections
c. Right-of-way requirements
d. Preliminary cost estimate
e. Conceptual pedestrian bridge layout
C. Final Design
1. Based on the approved preliminary submittal, complete the design of
the project and prepare final plans for construction of the improve-
ments which will include:
a. Roadway improvements
b. Street storm drainage
c. Sanitary sewer extensions in the street right of way
d. Extension of domestic water lines
e. Pedestrian bridge abutments and appurtenances
f. Retaining walls
Job No. 260-02-0
Page 3
2. Prepare an estimate of construction costs.
3. Prepare special provisions to Standard Specifications.
4. Confer with City Staff as required to perform the services.
5. Provide twenty five (25) sets of plans and specifications to City
for bidding and construction.
II DUTIES OF CITY
City will provide the following:
1. Preliminary design criteria.
2. Copies of preliminary design, studies, construction plans, record
drawings of utilities and all other available information, reports,
plans, maps, studies, etc. in the possession of City and pertinent to
the project.
3. The pedestrian bridge superstructure design and plans.�-
4. All necessary provisions for Engineer to enter upon public and private
property as required in the performance of his services under this
agreement.
5. Review of documents presented by Engineer and render decisions, in
writing, within twenty days, 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.
6. Current preliminary title reports.-�
7. Acquire all right of way and easements.
8. Provide environmental impact clearance, if required.
9. Provide all soil engineering, testing, recommendations and reports, in-
cluding lateral load characteristics and bearing capacities.
10. Provide all work related to advertising, opening bids and execution of
construction contract.
11. Provide construction inspection, supervision and contract change
orders.
Job No. 260-02-0
Page 4
12. Make any required agreements related to removal and/or relocation of
facilities owned or controlled by others, including affected utility
companies, property owners and Santa Clara Valley Water District.
A. SPECIAL PROVISIONS
1. Preparation of plats and legal descriptions and other services associ-
ated with right-of-way and easement acquisitions, if required, are not
included in the Scope of Services.
2. Construction services including staking, inspection and observation are
not included in the Scope of Services and Engineer shall not be respon-
sible for job site safety.
3. Engineer will provide liaison with affected utility companies but design
and relocation of existing electric, gas, telephone and cable facili-
-ties, including joint poles, and all facilities supported by or attached
to the bridge, shall be the responsibility of the affected utility com-
pany.
4. Hydrology, including determination of flows and water surface elevations
in Stevens Creek, is beyond the scope of this agreement.
5. The footing design for the pedestrian bridge will be influenced by the
as -built location of existing underground footings. This design will be
based upon "as -built" drawings of the existing structure supplied to
Engineer.
B. MISCELLANEOUS PROVISIONS
1. Assignment of Engineers Duties:
Engineer shall not assign any rights or duties under this Agreement to a
third party without the prior written consent of the City.
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 con-
tractor and not an agent or employee of the City.
3. Worker's Compensation:
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.
Job No. 260-02-0
Page 5
4. Time and Completion:
The parties hereto agree to immediately and diligently proceed with
their respective duties as set forth herein. Within sixty (60) days
after receipt of information from City and notice to proceed, Engineer
shall submit Phase One to the City for review. Engineer will complete
the preliminary design within sixty days after receipt of City's approv-
al of Phase One and notice to proceed with Phase Two.
The Final Design will be completed within ninety days of receipt of ap-
proval of the preliminary design.
Engineer will be granted time extensions for performance in the event
that time schedules cannot be met for delays beyond his reasonable con-
trol, including but not limited to, delays in performance by reason of
strikes, lockouts, accidents, acts of God and 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.
Consultant makes no warranty, either express or implied, as to his
findings, recommendations or professional advice other than they were
promulgated after following a practice usual to the Civil Engineering
and Land Surveying profession.
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 fees deter-
mined by the following provisions:
a. Basic Fee:
1) The Fee for all services included in Article I.A. "Phase One"
shall be determined on a time and material basis computed in
accordance with the Charge Rate Schedule in effect at the time
such services are performed. The current schedule is attached
as Exhibit "A".
The estimated fee is Nineteen Thousand Dollars ($19,000.00).
Job No. 260-02-0
Page 6
2) The fee for services included in Article I.B. "Phase Two" shall
be computed in accordance with Curve A, ASCE Manual No. 45, 1975
Edition. The "Net Construction Cost" referenced in said manual
shall be defined as the cost estimate prepared by Consultant and
approved by Ci ty.
b. Additional Services:
Additional Services shall be defined as services required of Con-
sultant which are not specified in Article I.A. or are contrary to,
or divergent with, previously approved submittals and/or directions
given to Consultant.
The Fee for these services shall be determined by multiplying the
number of hours expended, for such work required by City, by the
hourly rate of the Charge Rate Schedule which is in effect at the
time when such services and duties are performed.
Engineer shall perform additional services upon receipt of a request
therefor from City's Director of Public Works. Additional services
requiring the services of outside consultants, or other direct
expenses, will be reimbursed at the rate of 1.20 times the direct
cost.
2. Revisions to Fees:
Hourly charge rates as set forth in the attached schedule are subject to
revisions annually on July 1. Said revisions will be made to reflect
salary adjustment of Engineer's personnel and the rate used will be the
rate prevailing at the time the work is accomplished. The adjustment to
the hourly charge rates shall not effect the amount computed in accor-
dance with ASCE Manual 45 for Phase Two services.
3. Payment of Fee:
The fee shall be paid as follows:
At the end of each month during the term of this agreement Engineer
shall prepare a bill showing the services 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 per-
formed pursuant to the terms of this agreement.
Job No. 260-02-0
Page 7
D. SCOPE OF AGREEMENT
This writing constitutes the entire agreement between the parties relative
to engineering services for the Project, and no modification thereof shall
be effective unless and until such modification is evidenced by a writing
signed by both parties to this Agreement.
IN WITNESS WHEREOF, City has executed this Agreement by authority contained in
Resolution No. 6624 of said City of Cupertino, dated 1St day of July
1985.
"CITY"
City
of
Cupertino
a Muni
ipal
C
oration
ATTEST
CLERK OF THE I OF CUPER IN
"ENGINEER"
HMH, Incorporated
KENNETH H. HANKINS, rest ent
APPROVED AS TO s
RESOLUTION NO. 6624
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF AGREEMENT WITH HMH, INCORPORATED
PROVIDING FOR ENGINEERING SERVICES FOR STEVENS CREEK WIDENING
WHEREAS, the City is desirous of engaging the services of a consultant
to prepare the plans and specifications for Stevens Creek Widening; and
WHEREAS, the firm of HMH, Incorporated is qualified and willing to
provide the necessary services; and
WHEREAS, an agreement between the City of Cupertino and HMH,
Incorporated 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 Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this lst day of July, 1985 by the following vote:
Vote
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Members of the City Council
Gatto, Plungy, Rogers, Sparks, Johnson
None
None
None
/s/ Dorothy Cornelius
City Clerk �+
APPROVE
/s '1 Johnson
Mayor, City of Cupertino