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HomeMy WebLinkAbout93-007 Mission Engineers, Inc. 93-007 MISSION ENGINEERS, INC. C,i4 of Cuperti"o 10W Torre Avenue Cupertino,CA 95014-3255 Telephone:(408)252-4505 FAX:1408)252-0753 DEPARTMENT OF THE CITY CLERK March 2, 1993 Mission Engineers, Inc. 2285 Martin Avenue, Suite A Santa Clara, CA 95050 AGREEMENT Dear Mr. Auger: We are enclosing to you for your files one (1) copy of the Agreement by and between the City of Cupertino and Mission Engineers, Inc. , which has been fully executed by City Officials. Sind, DOROTHY CORN LIB ' CITY CLERK CITY OF CUPERTINO DC/so encl. cc: Department of Public Works ACCOUNT NO. 120-9408-953 • OONTRACT ANIM $13,995.00 . PURCHASE CRDER NO. AGREEMBIT THIS AGREEMENT, made and entered into this 1st day of March , 19 , 93 , by and betdeen the CI'Y'Y OF aREIMM, a manic p l omporatxon of Calif —rn a, hfineinafter referred to as 'eCMn, and KLEMM MDEWS, nIC. with offices at 2285 Martins sae, Suite A, Santa Clara, CA 95050 hereinafter referred to as "CXkT112A(.'1�2". e W' ITNESSETH: 4S, CITY desires to retain se-vices in conjunction with a HMWSTM & 1M AHM UM. ; and 4OERE'AS, CITY desires to engage CON RAMOR to provide these services by reason of its qualifications and experience for performing such services, and ommAcroR has offered to provide the required services on the terms and in the manner set forth herein; NOW, TARE, in consideration of their mutual covenants, the parties hereto agree as follcws: 1. DEF'.INMCNS. (a) The word "City" as used in this agreement shall mean and include all the territory lying within the municipal boundaries of the City of Cupertino, California, as gently existing, plus all territcv{ which may be added thereto during the term of this agreement by anneotion or otherwise. (b) The term "City Manager" shall mean the duly appointed City Manager of the City of Cupertino, California, or his designated representative. (c) The term "City Attorney" shall mean the duly appointed City Attorney of the City of Cupertino, California, or his designated representative. (d) The term "City Clerk" shall mean the duly appointod City Clerk of the City of Cupertino, California, or his designated repr'e:entativn. 2. PRO►TEC:T OOMINATICN. (a) City. The City Manager shall be representative of CITY for all purposes under this agreement. HERT J. VISIMCS hereby is designated as the PMJElC,T MN"M for the City manager, and he shall supervise the programs and execution of this aunt. —1— (b) Contractor. CCNTRACIR shall assign a single PROJECT DTRECIOR to have overall responsibility for the progress and execution of this agreemeot for CMRRACIM. FHM XMM try is designated as the PROJBCT DngW.MR Ft CMCMACM. Should circumstances or oonditiors subsequent to toe execution of this agreement require a substitute PROJDCT DIRBC'M for any reason, the PFWWr DIR MM designee shall be subject to the prior written aoceptanae and approval of the PRO= Nam. 3. DITTIES OF CONIRACTCR. (a) Services to be Furnished. OMMACIOR shall provide all specified services as set forth below and in accordance with the attached proposal Et)-i.bit "All: (1) Legal Descriptions & Plats of Description for the Sidewalk Easement. (2) Revise Public Street Improve��nt Plans for the Street Widening. (3) Private Surface Improvement and Striping Plans for portions of parking lots. (4) All topography, research and processing with utility co panes necessary to prepare Items 2 and 3. (5) All construction staking required to construct the proposed inprovements. (6) Landscaping and Irrigation Plans for work in public right-of--way. (7) Landscaping and irrigation Plans for work on private property- (8) Technical and Special Provisions. (9) (Sow of the specified services may riot be required and therefore will be deducts from the contract amount in accordance wit!:: Exhibit "A") . (b) Laws to be Observed. CONTRACTOR shall: (1) Procure all permits and licenses, pay all charges and fees, and give all notices w2tdch may be necessary and incident to the due and lawful prosecution of the services to be performed by CON RACIOR under this aunt; (2) Keep itself fully informed of all existing and future federal, state, and local laws, ordinances, regulations, orders, and decrees which may affect those engaged or employed under this agreement, any materials used in CDNTRACIOR's performance under this agraement, or the conduct of the services under this agreement; (3) At all times observe and comply with, and cause all of its subcontractors and employees, if any, to observe and comply with, all of said laws, ordinances, regulations, orders, and decrees mentioned above; (4) Immediately report to the PIS► = VMMGER in writing any discrepancy or inconsistency it discovers in said laws, ordinances, regulations, orders, and decrees mentioned above in relation to any plans, drawing, specifications, or provisions of this agreement. �2. (c) release of Ruts and Information. Any reports, information, data, or other material given to, or prepared or assembled by, OWMACIOR or its subcontractors, if any, under this agreement shall be the property of CITY and shall not be made available to any individual of organization by CCNTgtACrOR or its subcontractors, if any, without the prior written approval of the City Manager- (d) Copies of R ants and Information. If CITY requests additional copies of reports, drawings, specifications or any other material which CMMACTOR is required to furnish in limited quantities as part of the services under this agreement, CONTRACIC)R shall provide such additional copies as are requested and CITY shall .sate MNMCIC R for the costs of duplicating of such copies at OWMCYOR'S cost. (e) Final Report. OO TTRACIOR shall provide CITY with CIMMOM of the final report required under this agreement upon completion and sane of the report by my. (f) Qualifications of Contzactor. OWM CIM represents that it is qualified to furnish the service✓ df--s=ed under this aft. As evidence thereof, COWMCIC R warrants that one or more members or employees of the firm are licensed FINNEMONals CTV3L EN== by the State of California and that the services to be provided under this aunt will be performed by them or under their supervision. 4. OMPENSATION. For the full performance of the services described herein by WMACIOR, CITY shall pay c-NTRACICR a total sum not to exceed KM HMM NMMY FTW DOU AW ($13,995.00) payable WIMi[ (30) liIM upon submission by CONTRACTOR of its itemized billings in triplicate, in accordance with the attached fee schedule, Exhibit "B". 5. DUTIES OF CITY. City shall provide all specified services as set forth below: (a) All information available in City Records. (b) All necessary provisions for the Engineer to enter upon public an private property as required in the performance of his services under this agreement- (c) Environmental impact clearance, if required. (d) Review of preliminary plans, specifications, estimates and other documents presented by the Engineer and rendered decisions in writing within a reasonable time. Give prompt written notice to Engineer at any time City observes or otherwise becomes aware of any error, omission, or defeat in the project. (e) City Standard Details (f) General Provisions for Specifications (g) The City will administer the bidding process. 6. TEM This agreement shall continue in full force and effect until terminated as provided herein. -3- 7. TFIFORARY SUSPENSION. The City Manager shall have the authority to suspend this agrnt, wholly or in part, for such period as he deems necessary due to unfavarabl_e conditions or to ti-e failure on the part of the CONTRACIOR to perform any provision of this agreement. 8. EXTENSION OF TEP44. In the event that the services called for under this aunt are not coupleted within the time specified above, the City Manager shall have the option to extend the time for conpletion. Tress paragraph does not preclude the recovery of damages for delay by either party. 9. SUSPENSION; TERMINATION. (a) BLcLht to Suspend or Terminate. Either party may suspend or terminate this agreement for any reason by giving thirty (30) days written notice. Upon receipt of such notice, CONI'RACIOR shall immediately discontinue his performance under this aunt. (b) Upon such suspension or termination, CON RAC70R shall be paid for all services actually rendered to CITY to the date of such suspension_ or termination; provided, hr3wever, if this agreement is suspended or terminated for fault of OONMCIIOR, CITY shall be obligated to mate CONI'RACPOR only for that portion of COUMCPOR'S services which are of benefit to CITY. (c) Return of Materials. Upon such suspension or termination, CONIRACIOR shall turn over to the City Manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not ompleted, prepared by OWnT ACPOR or its subcontractors, if 'anx, or given to OMYMCTOR or its subcontractors, if any, in connection with this agreement. Such materials shall become the permanent property of CITY. CONTRACTOR, however, shall not be liable for CITY's use of .incomplete materials or for CITY's use of o mplete documents if used for other than the project conteaplated by this agreement. 10. INSPECTION. CONI'RACIUR shall furnish CriY with every reasonable opix)rtunity for CITY to ascertain that the services of CONTRACTOR are being performed in accordance with the requirements and intentions of this agreement. A11 work done and all materials furnished, if any, shall be subject to the PRWECT M NAGER's inspection and approval. The inspection of such work shall not relieve CONrRACPOR of any of its obligations to fulfill its agreement as prescribed. 11. MEPENDEWF JUD(*MNT. Failure of CITY to agree with C'ONTRACI1OR'S irxiependP.nt fems, conclusions, or recommendations, if the same are called for under this agreement, on the basis of difference in matters of judgment shall not be construed as a failure on the part of CONPRACIOR to meet the requirements of tkl is agreement. 12. ,,%WICNMERr; SUBCONTRACTORS; EMPWYEE S. (a) Assignment. Both parties shall give their personal attention to the faithful performance of this aunt and shall not assign, transfer, convey, or otherwise dispose of this agreement or any right, title, or interest in or to the same or any part thereof without the prior written consent of the other party, and then only subject to such terms and conditions c 3 the other party may require. A consent to one nssignmen . shall not be deemed to be a consent to any subsequent assignment. -4- Any assigrment without such approval shall be void and, at the option of the other party, shall terminate this agreement and any license or privil:Ne granted herein. This agreement and any interest herein shall not be assignable by operation of law without the prior written consent of the other party. (b) Suboontractorsi Fmp1g�ees. CONIRAMOR shall be responsible for employing or engaging all persom.•r. necessary to perform the services of GONIRACIIoR hereunder. No subcontractor of CMURACICR will be recognized by CITY as such; rather, all suboonractors are domed to be employees of CONTRACTOR, and it agrees to be responsible for their. performance. CONTRAC CR shall give its personal attention to the fulfillment of the provisions of this aft by all of its employees and subcontractors, if any, and shall keep the work under its control. If any employee or subcontractor of CONTRACTOR fails or refuses to carry out the provisions of this agreement or appears to be incampetent or to act in a disorderly or improper manner, he shall be discharged immediately from the work under this agreement on demand of the PROJECT MANAGER. 13. NOTICES. All notices hereunder shall be given in writing and railed, postage prep id by certified mail, addressed as follows: TO CITY: vlfice of the City Clerk 10300 Torre Avenue Cupertino, CA 95014 TO CONTRACDOR: Attention of the PR0ECT DIPJD OR at the address cf CONTRACTOR recited above. 14. INTEREST OF OOIMACIt7R. OONTRACTOR covenants that it presently has no interest, and shall not acluire any interest, direct or irdirect, financial or othcaxwise, which would conflict in any manner or degree with the performance of the services hereunder. OOWRACIOR further covenants that, in the performance of this agreement, no subcontractor or person having such an interest shall be employed. CONIR2A1,1TOR certifies that no one who has or will have any financial interest under this agm-ement is an officer or employee of CITY. It is expressly agreed that, in the performance of the services hereunder, CONTRACTOR shall at all times be deemed an independent contractor and not an agent or employee of CITY. 15. INDEMNITY. CONTRACTOR hereby agrees to indemnify and save harmless CITY, its officers, agents, and employees of and from: (a) Any and all claims and demands which may be made against CTT'�i, its officers, agents, or employees by reason of any injury to or death of any person or damage suffered or sustained by any person or corporation caused by, or alleged to have been caused by, any act or cnnission, negligent or otherwise, of CONTRACIOR or any subcontractor under this agreement or of OONTRACTOR'S or any suboontractor's employees or agents; (b) Any and all damage to or destruction of the property of CITY its officers, agents, or employees occupied cr used by or in the care, custody, or control of CONTRACTOR, or in praKimity to the site of OONMCMR°S work, caused by any act or omission, negligent or otherwise, of COS M ACTOR or any subcontractor under this aunt or of OONMCIOR'S or any suboontractor's employees or agents- -5- • (c) Any and all claims and demands which may be made against CITY, its officers, agents, or employees by reason of any injury to or death of or damage suffeved or sustained by any employee or agent of CORMOM or any subccntractor under this agreement, however caused, excepting, tom, any such claimm and demands which are the result of the sole negligence or willful misconduct of CI'ISt, its officers, agents, or empt:,yGcn:; (d) Any and all claims and demai-Is which may be made against CITY, its officers, agents, or employees by reason of any infringement or alleged infringement of any patent rights or claims caused or alleged to have been caused by the use of any apparatus, appliance, or materials furnished by 02ITRACTM or any subcontractor under this aunt; and (e) Any and all penalties imposed or damages sought on account of the violation of any taw or regulation or of any term or condition of any permit. CONTRACTOR, at its own cost, expense, and risk, shall deferxi any and all suits, actions, or other legal proceedings that may be brought or instituted by third persons against CITY, its officers, agents, or employees on any of the above claims or demands of such third persons, or to enforce any of the above penalties, and pay and satisfy any judgment or decree that may be rendered against CITY, its officers, agents, ur employees in any such suit, action, or other legal proceedings. 16. WORKERS' CCMENSAWON. CONMI'IOR certifies that it is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and it certifies that it will oomply with such provisions before commencing the performance of the work of this agreement. 17. INSURANCE. CONTRACTOR, at its sole cost and expense, shall obtain and maintain : full force and effect throughout the entire term of this agreement the insurance coverage of at least a "B" rating as determined in accordance with the insurance industry standard, insuring not only CONTRACTOR, lout also (with the exception of workers' ccmpensation and employer's liability insurance) , CM, its officers, agents, and employees, and each of them with respect to activities and servi.oes performed by CONTRACTOR for or on behalf of CITY under the provisions of this agreement. Certificates of such insurance, preferably on the forms provided by CITY, shall be filed with CITY concurrently with the execution of this agreamnt or, with CITY's approval, within ten (10) days thereafter. Said certificates shall be subject to the approval of the City Attorney and shall contain an endorsement stating that: said insurance is primary coverage and will not be cancelled or altered by the insurer except after filing with the City Clerk thirty (30) days' written notice of such cancellation or alteration, and that the City of Cupertino is named as an additional insured. Current certificates of such insurance shall ba kept on file at all times during the term of this agreement with the City Clerk. 18. AGREEMENr BINDING. The terms, covenant, and conditions of this agreement shall apply to, and shall bind, the heirs, successors, executors, administrators, assigns, and subcontractors of both parties. -6- • 19. WADS. The waiver by either party of any breach or violation of any terns, covenant, or condition of this agreement or any provision, ordinance, or law shall not be deemed to be a waiver of arry other term, covenant, condition, ordinance, or law or of any subsequent breach or violation of the same or of any other term, covenant, condition, ordinance, or law. The subaequent. acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any priding breach or violation by the other party of any term, covenant, or condition of this agreement or of any applicable law or ordinance. e. 20. COSTS AND ATIORNE'YS FEES. The prevailing party in any action art to enforce the terms of this agreement or arising out of this agreement may recover ics reasonable costs and attorneys' fees expended in connection with such an action from the other party. 21. NONDISCRDD NATION. No discrimination shall be made in the employment of persons under this agreement because of the rac--, color, national origin, ancestry, religion or sex of such person. If the value of this agreement is, or may be, Five Thousand Dollars ($5,000) or more, CACIOR agrees to meet all requirements of the Cupertino Municipal Code pertaining to nondiscrimination in employment. If CONTRACTOR is found in violation of the nondiscrimination provisions of the State of California Fair Ehrployment Practices Act or similar provisions of federal law or executive order in the performance of this agreement, it shall thereby be found in material beach of this agreement. Thereupon, CITY shall have the power to cancel or suspend this agreement, in whole or in part, or to deduct from the amot:nt payable to CON'TRAC'MR the sum of Twenty-five Dollars ($25) fo-- each person for each calendar day during which said person was discriminated against, as damages for said breach of contract, or both. Only a finding of the State of California Fair Employment Practices C7oaruc►ission or the equivalent cederal agency or officer shall constitute evidence of a violation of contract under this paragraph. If OONTRACIOR is found in violation of the nondiscrimination provisions of this agreement or the applicable affirmative action guidelines pertaining to this agreement, CONTRACTOR shall be found in material breach of this agreement. Thereupon, CITY shall have the power to cancel or suspend this agreement, in whole or in part, or to deduct from ;he amount payable to CJONTRAC'IOR the sum of Two Hundred Fifty Dollars ($250) for each calendar day during which CONTRACTOR is found to have been in such noncr:s,pliance a- damages for said breach of contract, or both. 22. AGREEMENT CONTAINS ALL UNDERSUMINGS. This docur ent represents the entire and integrated agreement between CITY and CONIRACTOiR and supersedes all prior negotiations, representations, or arts, either written or oral. This document may be amended only by written instrument, signed by both CITY and CCNTRACIOR. All provisions of this agreement are expressly made conditions. This agreement shall be governed by the laws of the State of California. -7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT EDGMENT No.3193 State of _ ��OPTIONAL SECTION ' CAPACITY CLAIMED BY SIGNER County of _ / Though statute doer not require the Notary to fill in the data below, doing so may prove 1 invaluable to persons retying on the document. On bef�" rite,"NAME l c []INDIVIDUAL DATE 7OF OFFICER-E G_'JANE DOE. T4 RY PU /✓` - J / �O�ORATE OFF"CER( ) personally appeared 1 �_ ' `1 - - �Ln- rr NAMEi S)✓ SIGNER(S) , T17 LE(S) ❑personally known to me-OR- proved to me on the basis of satisfactory evidence Q PARTNER(S) LIMITED to be the person(.&) whose name( 1s w GENERAL subscribed to the within instrument and ac- ❑ATTORNEY-IN-FACT knowledged to me th shMhey executed TRUSTEE(S) the same ir�1� i authorized GUARDIAN/CONSERVATOR DOIIZOTNY ,y. BRACK,71 capacity and that b)r_�_is erOheir C,., 9b1 2190 signature(• n the instrument the person(s� OTHER: NOTA, aU111 ^'' or the entity upon behalf of which the — — Q Ze d SA` 5t, CLA.RA Cou;t l) L! e_ _person(a)acted, executed the instrument. D My Commission Expires Apr,) 12, »yb SIGNER IS REPRESENTING: WITNE;�S my hand and official seal. SAME PF PERSON( FNTITY(IES) ke t SIGNATURE OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DGCUM T e rY`C • THE DOCUMENT DESCRIBED AT RIGHT: / G -- NUMBER OF PAGES _ DATE OF OCUMFNT _ f Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form SIGNER(S)OTHER THAN NAMED ABOVE. !!!! O1992 NATIONAL NOTARY ASSOCIATION-B236 Remrnet Ave.,P.O.Box 7184,Canoga Park,CA 91309-7184 IN WITNESS WHEREOF, C1TTY and aNr. r,3R have wmaited tnis aunt the day and year first above written. ATTEST: CITY OF CUP'r"RTIlJD 3 City Clerk C Y OF CUPERT"INO APPROVED AS TO FUM: City Attanmy MISSION ENGINEERS, INC. Name Philippe A er, RC 0 Expires 9-30-93 2285 Martin Avenue, Suite A, Santa Clara, CA 95050 Address 408,/727-8262 Telephone a a e ° -8- s � + Civil Enoineenng Lend Surveying January 21 , 1993 4 89330 PUBLIC WORKS Hercules Bacus City of Cupertino JAN 2 5 1993 Department of Public Works 10300 Torre Avenue Cupertino, California 95014 FAX 408/252-0753 Dear. Mr. Bacus: Thank you for the opportunity to provide our Engineering Services to the City of Cupertino. From our meeting of January 8, 1993 at your office with Carmen, I understand that the City desires to revise the plans for the proposed public improvements alorx3 the south side of Homestead Road and the west side of DeAnza Boulevard, City File No. 98,003 .12. Also, that the City desires to obtain landscaping, irrigation, parking lot revision plans and sidewalk easements along the street frontages. Mission Engineers, Inc. will prepare the following: 1 . Legal. Descriptions and Plats of Description for the sidewalk easements ------------------------------- $ 800 2. Revise Public Street Improvement Plans for the street widening --------------------------------------- $1.,530 3. Private Surface Improvement and Striping Plans for portions of parking lots ------------------------------ $1,700 4. All topography, research and processing with utility companies necessary to prepare Items 2 and 3 ---------- $1 ,870 5. All construction staking required to construct the proposed improvements --------------------------------- $3,520 6. Landscaping and Irrigation Plans for work in public right-of-way ------------------------------------------ $2,500 7. Landscaping and Irrigation Plans for work on private property -------•----------------------------------------- $ 875 8. Technical and Special Provisions ---------------------- $1,200 :1285 Martin Avenue, Suite A Santa Clara,California 95050 (408) 727-8262 FAX(408) 727-8285 Hercules Bacus -2- January 21, 1993 a . Our fee to be based on time and material, billed monthly, due net 30 days, with a not to exceed amount of $13,995. We will submit the revised street plans to the City for approval within 30 days from the date we are instructed to proceed. This proposal does not include any negotiations with the owners. Printing costs and express delivery, if required, will be charged as additional items. I understand this to be the Scope of Work requested. I welcome your review and comments. Please contact me any time. Ve truly YO rs, PHIL AUGER, C. PA:sc PUBLIC WORK: JAN 2 5 1993 4' ��n{� �.\ �p �p o ��pp Cml Engineering 1 ^ U1�i'1l08300H EHOOUVE� 9 �UV�� Land Surveying Results Effective August- 1 , 1991 FEE SOWDUIE. Principal Civil Engineet: ------------------------------ $ 85.00 per hour Civil Engineer ---------------------------------------- $ 76.00 per. hour Senior Engineer: -------------------------------------- $ 64.00 per hour Field Engineer --------------------------------------- $ 64.00 per: how: Associate Engineer ------------------------------------ $ 53.00 per hour. Assistant-- Engitie-er ----------------------------------- $ 50.00 per hour Junior Engineer ------------------------------- ------ $ 44.00 per hour Computer Draftsperson --------------------------------- $ 50.00 per hour- Senior Dt:aft.:spet:son ---------------------------------- 43.00 per hou►: Draftsper:son -------------•----------------------------- $ 40.00 pCr hour Clerical ------------------------- -------------------- $ 32.U'0 per. hour. 3-Man Field Crew ------------------------------------- $185>00 per how: 2-Man field CrEv ------------------------------------- $132.00 per hour 1-Man field Crew ------------------------------------- $ 80.00 per hour Computer Time ---------------------------------------- $ 25.00 per hour Messenger --------------------------------------------- $ 22.00 per hour 2285 Martin Avenue,Suite A Santa Clara,California 95050 (408) 727-8262 FAX(408) 727-8285 CITY OF CUPERTINO INTERDEPARTMENTAL Date February 18, 1993 To CITY CLERK _ From PUBLIC WORKS--SUMI ❑ Information MESSAGE: CONSULTANT AGREEMENT—MISSION ENGINEERS, INC. ❑ Implement HOMESTEAD AND DE ANZA WIDENING ❑ Investigate ❑ Discuss TRANSMITTED ARE THREE SETS OF AGREEMENT FOR SIGNATURES QE ❑ See me CITY OFFICIALS. WHEN COMPLETED, PLEASE FORWARD ONE COPY TO ❑ Rep'•y THE CONSULTANT AT THE- ADDRESS SHOWN IN THE FIRST PARAGRAPH; ONE COPY TO THIS OFFICE: RETAIN..A COPY FOR YOUR FILES _ Sm affacri. Reply: SIGNED: DATE Forward part 1 Retain part 2