HomeMy WebLinkAboutEngineering Services - HMH, Inc - 1976 HMH, Inc.
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J AGMEMUT FOR IKEEZLts SERVICE.
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.-< T, made and entered into by and between EM, Incorporated,
as California corp
oration, herein called "ENGIMMRIO, and the CITY OF
CUPMXW,, a municipal corporation of the State of California, herein
calf ICIW";
W I T N E S S E T H
WHERMS, City desires to contrast for certain civil engineering work
to incl)jde, but not limited to, preparation of alternate alignment
studies and preliminary quantity, preparation of preliminary cost
estimates and preparation of an official plan line map; all in con-
nection with the adoption of a plan line for Stevens Creek Boulevard
' from Bubb Road to Ridgeway Drive, herein called the "Project"; and
WHEREAS, Engineer is willing and qualified to do said engineering
work, to prepare said studies, cost estimates, and plan line map;
NOW, TEMW.PORE, in consideration of the mutual 'premises, covenants,
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. Establish Three Alternate Alignments with Consideration Toward:
a. Minimal land take adjacent to commercial property.
b. Maintaining access to existing residences on the south
side of the frontage road.
c. Maintaining existing elevation at the Phar Leap Drive
Intersection.
d. Removing and replacing or modifying the existing bridge
over Stevens Creek.
e. Maintaining a maximum street gradient of 7%.
f. Maintaining existing improvements adjacent to Janice Ave.
g. Possible closure of certain intersection streets.
1 h. Possible extension or new construction of certain streets
in order to maintain local neighborhood circulation.
2. Provide a Scaled Aerial Phot.!graph:
a. Provide a current strip aerial photo (scale: 1" = 50' )
of the area.
b. Identify on the aerial ;photograph trees having a diameter
greater than twelve (12) inches.
3. Prepare Preliminary Quantity and Cost Estimate for Each Align-
ment, Includ ng But Not Limited To:
a. Clearing and demolition.
b. Excavation.
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c. Paving and related zu►rface improvements.
d. Utility relocations and improvemznts, based upon res-••
pective utility company estimates.
e. Real estate appraisal and valuation of right of way take
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and/or severance damage for purposes of preliminary cost
estimate.
4. Provide Assistance and Representation at Neighborhood Meetings,
Planning Commission and Council Hearings as Requested.
5. Prepare an Official Plan Line Map of the Adopted Route, Suitable
for Recording.
B. DUTIES OF CITY
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1. City Will Provide the Following:
a. Preliminary work sheets.
b. Required street section.
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c. Storm, sanitary, and water master plans for determination
of relocation and new construction.
d. Available survey and control information.
e. Environmental impact assessments and reports as required.
f. Traffic engineering, reports, studies and impact assess-
ment.
g. Noise studies and impact assessment.
h. Preliminary title reports as required for the project.
i. Copies of all available information, reports, plans,
studies, etc. in the possession of City and pertinent
to the project.
j . Payment of any jurisdictional and agency fees such as
recording and checking fees.
k. All necessary provisions for Engineer to enter upon
public and private property as required in the perfor-
mance of his servir-es under this Agreement.
1 . Review of preliminary alignments, studies, 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.
C. GENERAL PROVISIONS i
1. Scope of Work, Compensation are Based on the Following
Conditions:
a. Field surveys to determine property lines and topo-
graphic features are not a part of this project.
b. Soils investigations and reports are not required.
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c. Hydrology and storm runoff computations are not a part
of this project.
d. Property lines will be taken from record data and individ-
ual plats of property take are not required.
e. Exact limits of slope easements are not required.
f. Location of underground utilities will be taken from
record data.
g. The real estate appraisal will be prepared by an M.A.I.
retained by Engineer and will consist of a preliminary
report which will outline the total cost of acquisition
including possible severance damages for each of the
three routes to be studied. This study would not in-
volve inspection of the individual improvements located
on the properties but would be sufficient to arrive at
a realistic opinion of value for each route.
h. The preliminary cost estimates are intended to reflect
relative comparison of alignment costs.
i. Clumps of trees will be outlined and the number of trees
over 12 inches in diameter noted.
D. COMPENSATION
1. Fee:
For and in consideration of the professional services to he pro-
vided 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, and
A. 5 shall be Sixteen Thousand Four Hundred ($16, 400. 00)
Dollars.
b. Representation and Additional Services:
The fee for work set forth in Article A. 4, and for work
which is not specified in Article A. shall be determined
by multiplying the number of hours expended, for any such
work required by City, by the hourly rates of the Charge
Rate Schedule which are in edfect 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 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. Revisions to Charge Rate Schedule:
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 HKH 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 affect the lump sum amount set forth above if the duties are
completed by July 1, 1977; the lump sum amount set forth above
is subject to negotiation at the option of Engineer.for work
remaining to be done after July, 1977.
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f„ 3 PayMt of Fee a
The fee shall be paid as follows:
At the and of each month during the term Of this agreement,
xr Enginl 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 107. of the fee (Section D-1-0) until the
work is completed to the satisfaction of the City Engineer.
E. 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 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 City.
3. Workmen's Compensation Insurance:
Engineer shall obtain and keep in full force and effect,
compensation insurance necessary in connection with the per-
fo_-mance of this Agreement to protect itself and its employees
under the Workmen's Compensation Insurance and Safety Act.
4. Time of Completion:
The parties hereto agree to immediately and diligently pro-
ceed 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, including but not limited to delays
in performance by reason of strikes, lockouts, accidents,+ acts
of God or delays caused by failure of City to furnish infor-
mation 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 protect. Engineer makii_5 no warranty,
either expressed or implied, as to its findings, recommendations,
specifications or professional advice other than they were pro-
mulgated after following a practice usual to the Engineering
Profession.
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6. 4i�f1i tifttes of Cost:
Since Engineer has no control over the cost -of labor, materials
x . or equipumte or over the Contractor(s) " methods of determining
priced, of over competitive bidding or Market conditions, his
Construction Costs are to be made on the basis of his experi-
and qualifications and represent his best judgment as a
design professional familiar with the construction industry,
Y` but Engineer cannot and dews not guarantee that proposals, bids
or the Construction Cost will not vary.
F. FUNDING
This agreement is contingent upon City acquiring Housing and
Community Development Funding. Engineer will not start work
until notified by City that the funding grant has been acquired
and agree: that in case City is unsuccessful in acquiring said
funding, this agreement is cancelled upon notice by City.
G. SCOPE OF AGREEMENT
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 evidenced by a writing signed by
both parties to this Agreer'=,�nt.
IN WITNESS WHEREOF, City has executed this Agreement by
authority contained in Resolution No 4305 of
said City of Cupertino, dated the 2nd day
of Mvemher 197C.
"CITY" City of Cupertino
a Municipal Corporation
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N9A OR
ATTEST:
CLERK OF E CITY OF
CUPERTI "ENGINEER"
HMH, INCORPORATED
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Kenneth H. Hankins, President
APPROVED AS TO FORM
CITY ATTO�
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CHARGE RATE SCHEDULE
Professional & Office
Principal $42.00 per hour
Engineering Manager $38.00 Per hour
Senior Engineer $34.00 per hour
Licensed Land .Surveyor $31.00 per hour
Associate Engineer $31.00 per hour
Assistant Engineer $27.00 per hour
Junior Engineer $23.00 per hour
Design/Computer Draftsman $25.00 per hour
Senior Draftsman $23.00 per hour
Draftsman $19.00 per hour
Clerical (Technical Typing) $11. 00 per hour
Field
2-Man Field Crew $58.00 per hour
3-Man Field Crew $84.00 per hour
Field Engineer/Inspector $26.00 per hour
Miscellaneous Costs
Blueprints, Reproductions, Monuments & Materials at cost, plus 15%
Transportation at $0.15 per mile
Other Outside Services at Cost, plus 15%
Subject to Revision July 1, 1977 7/1/76
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RESOLUTIM NO. 4305
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF tUpERTjy,0
AUTHO ING tUT'YON OF AGPXEMT B�:,Tf Li THE CITY ap
CUPERTINO AND H09 INCORPORATED TO PREPARE THE STEVENS
CRMM PLAN LINE FROM BUBB ROAD 60 RIIMAT DRIVE
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WHEREAS
, the City is desirous of engaging the services of a consultant
to prepare the Stevens Creek Plan Line from. Bubb Road to Ridgeway Drive; and
WHEREAS, the firm of HKE, Incorporated is qualified and Willing to pro-
vide the necessary services; and
WHEREAS, an agreement between the City of Cupertino and HHH, Incorporated
outlining the terms and conditions of accomplishing the necessary task 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 ZDA day of mompmbpr 1976, by the following vote:
yote Members of the City Council
AYES: Frolich, Jackson, Nellis, O'Keefe, Meyers
NOES: None
ABS0T: done
ABSTAIN: None
APPROVED:
/s_% Robert W. Meyers
Mayor, City of Cupertino
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ATTEST:
/s/ Wm. E. Ryder
City Clerk
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Cuperthm,Ctitornis 9SO14
TeMphan(403)252-005
OFFICE OF THE DIRECTOR OF PUBLICIWORKS _' ` November 19, 1976
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Mr Kenneth H. Hankins, President
HMM, Incorporated
1454 Koll Circle, Suite 114
San Jose, California 95112
Re: Stevens Creek Boulevard Plan Line
x Dear Ken:
Please be advised that the City has received 11CD monies to fund
the engineering services for the Stevens Creek Plan Sine design. You
are, therefore, authorized'to proceed in accordance with the attached
agreement approved by the City Council with the stipulation that a
retention be withheld until the plan line design has been completed to
the satisfaction of the staff. The new wording appears in the revised
agreement, three copies of which are enclosed fog- your execution. Please
return all copies to this office for signatures of City officials after
which a fully executed copy will be returned for your files.
Tf you have any questions, please do not hesitate to call. We are
looking forward to working with you on this project.
Very truly yours,
CITY 01,CUPERTJNtT,
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DirectorWorks
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