83-033 HMH, Incorporated., Agreement for Engineering Services, Repair of Regnart Rd and Stevens Canyon Job No. 956-83-0
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";
WITNESSETH
WHEREAS, City desires to contract for certain civil engineering work to
include, but not limited to, making field surveys, computations, design, and
drafting in order to provide design drawings and documents for repair of
storm damaged areas 1 through 6 along Regnart Road and Stevens Canyon Road
in Cupertino as defined in the Soil Engineering Investigation by Cleary
Consultants, Inc. and;
WHEREAS, Engineer is willing and qualified to do said engineering and
surveying work and to prepare said drawings and documents;
NOW, THEREFORE, in consideration of the mutual premises, convents, and
agreements-herein set forth, the parties do hereby agree as follows:
A. DUTIES OF ENGINEER
Engineer's professional services shall consist of the following:
1. Make field reconnaissance of the areas.
2. Review recommendations and data in soils engineering investigation
report.
3. Perform field surveys consisting of establishing base lines and
taking surface profiles and cross sections of the affected areas in
order to obtain information necessary for preparation of the plans.
4. Complete the design of the project and prepare final plans for
• construction of the repairs based on the Soil Engineering
Investigation report.
5. Prepare an estimate of construction costs.
6. Prepare special provisions to Standard Specifications.
7. Confer with City Staff as required to perform the services.
8. Provide twenty five (25) sets of plans and specifications to City
for bidding and construction.
B. DUTIES OF CITY
City will provide the following:
1. Copies of all available information, reports, plans, maps, studies,
etc. in the possession of City and pertinent to the project.
2. All necessary provisions for Engineer to enter upon public and
private property as required in the performance of his services
under this agreement.
3. 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.
4. Acquire all right-of-way and easements.
5. Provide environmental impact clearance, if required.
6. Provide all soil engineering, testing and reports, including
pavement sections.
7. Provide all work related to advertising, opening bids and execution
of construction contract.
8. Provide construction inspection and supervision.
C. SPECIAL PROVISIONS
1. Land surveys, plats and legal descriptions and other services
associated with right-of-way and easement acquisitions 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
responsible for job site safety.
3. All six (6) areas will be considered as one project and let as one
construction job.
4. Hydrology and determination of flows and water surface elevations in
Regnart Creek are beyond the scope of this agreement.
•
D. 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 writing 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 contractor and not an agent or employee of the City.
3. Worker's Compensation:
Engineer shall obtain and keep in full force and effect, compensa-
tion 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 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 plans to the City for review. Engineer will
complete the project within twenty days after receipt of City's
cents.
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
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 as he may render and recommendation he may make in •
performing the services for the project. Engineer makes no war-
ranty, either express or implied, as to his findings, recommenda-
tions or professional advice other than they were promulgated after
following a practice usual to the Civil Engineering and Land
Surveying profession.
•
•
; E. COMPENSATION
a
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:
1) The Fee for all services included in Article A. Duties of
Engineer, except for Article A.3. shall be $20,000.
2) The Fee for services specified in Article A.3. , ,obtaining
topographic data shall be determined by multiplying the
number of hours expended by the hourly rates of the Charge
Rate Schedule which is in effect at the time when such
services and duties are performed. Estimated fee is
$12,000.
b. Additional Services:
The Fee for services which are not specified in Article A. 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 receiving a
written request therefor from City's Director of Public Works.
Additional services requiring the services of ouside
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 lump sum amount set forth above if the duties are
completed by.July 1, 1984; the limp sum amount set forth in E.I.A.
above is subject to negotiation at the option of Engineer for
services ruining to be done after July 1, 1984.
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 performed pursuant to the terms of this agreement.
F. 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. 6159 of said City of Cupertino, dated 6th
day of September 1983.
"CITY" City of Cupertino
a Municipal Corporation
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ATTEST
C W. OF THE CY 0 CUPERTINO
"ENGINEER"
HMH, Incorporated
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KENNETH H. HANKINS, President
AP') D AS ►o
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IT ATTORNEY / /