08-118 HNTBAGREEMENT
CITY OF CUPERTINO
10300 Torn3 Avenue 0 3 2 7 9 9
Cupertino, C:A 95014
408-777-3200 NO.
BY THIS AGREEMENT, made and entered into this ~_tlay of NO~J• 2008, by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and HNTB C:orporation, John Litzinger, Address 1735 Technology
Drive, Su. 600, San Jose, CA 95110, Phone: (408)451-7300; a-mall: jlitzinger@hntb.com
(Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as
follows:
CONTRACTOR shall provide or furnish the following specified services and/or materials:
Stevens Creek Corridor Park: Restroom, Icehouse and Maintenance Building Demo
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Scope of Services, attached
TERMS: The services and/or materials furnished under this .4greement shall commence on November 7, 2008
and shall be completed before April 30, 2009.
COMPENSATION: For the full pertormance of this Agreement, CITY shall pay CONTRACTOR:
Not to exceed of $ 11,490.00 on a Time and Material basic
California Labor Code, Section 1771 requires the payment of prevailing wages to all workers employed on a Public Works contract In excess of
31 ,000.00.
GENERAL TERMS AND CONDITIONS
Hold Harmless. Contractor agrees to save and hold harmless the City, its officers, agents and employees from any and all damage and liability due
to negligence, errors and omissions, Including all costs of defending any claim, caused by or arising out of the performance of this Agreement. City
shall not be liable for acts of Contractor In pertorming services described herein.
Insurance. Should the City require evidence of Insurability, Contractor shat file with City a Certificate of Insurance before commencing any services
under this Agreement. Said Certificate shall be su b]ect to the approval of City's Director of Administrative Services.
Non-Discrimination. No discrimination shall be made In the employmen: of persohs under this Agreement because of the race, color, national
origin, ancestry, religion or sex of such person.
Interest of Contractor. It is understood and agreed that this Agreement Is not a contract of employment in the sense that the relationship of master
and servant exists between City and undersigned. At all times. Contractor shall be deemed to be an Independent contractor and Contractor Is not
authorized to bind the City to any contracts or other obligations In executing this agreement. Contractor certifies that no one who has or will have
any financial interest under this Agreement is an officer or employee of City.
Changes. This Agreement shall not be assigned or transferred without th~3 written consent of the City. No changes or variations of any kind are
authorized without the written consent of the City.
CONTRACT CO-ORDINATOR and representative for CITY ;:hail be:
NAME: Terry W. Greene, AIA DEPARTMENT: Public Works
This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this
Agreement the day and year first written above.
CONTRACTOF~: +yNTfs ~ei~
gy '-~ ~-Cit/ K/ti1_~s-
Title /. /•
Tax. I.D.# '~
A
CITY OF CUPERTINO:
By
Terry W. Greene, AIA, City Architect
EXPENDITURE DISTRIBUTION
`~
HNTB Corporation
TASK 4, RESTROOM, ICEHOUSE,
AND MAINTENANCE; BUILDING DEMO
SCOPE OF SERVICES
Baclceround•
i 1NTB has been requested to provide redesign of various facilities for the Stevens Creek
Corridor Park project. Phis redesign will include demolition of the existing icehouse,
resrioonl, and CMU block wall behind the Snack Shack building, the existing maintenance
building and yard, adjacent restrooms, and removal and/or abandonment of elecri•ical utilities,
and preservation in place (cap and abandon) ofwater and sanitary sewer (SS) at these
facilities. The stone retaining wall and concrete retaining wall adjacent the existing
maintenance building and yard will be cleaned (power washed) and the material at the base
of the wall removed, but the existing retaining wall -will not be analyzed or demolished.
Providing this redesign will require preparing new plan sheets detailing the areas behind the
Snack Shack and ai: the maintenance building. This work will require revisions of the
following plan sheets:
-Sheets D-3 8c D-4: Revise these sheets to show the removal of the (E) icehouse, (E)
restrooms, and the CMU block wall behind the snack shack, (E) maintenance building and
yard, and cleaning of the stone retaining wall adjacent the (E) maintenance building.
-Sheets UD-3 ~ UD-4: Revise these sheets to remove electrical service to the (E) icehouse
and (E) restrooms behind the snack shack. The current plans already show removal of the
electrical service to the (E) maintenance building, and replacement with an underground
service. Electrical sheets showing work at the maintenance building will not be modified in
this task order (requires that the new service location and load be determined). Water and SS
all three buildings will be capped and abandoned (preserved in place for potential future use).
Required modifications to the electrical sheets will not be included in this task.
Deliverables:
- CD containing CADD and .pdfs of modified plan sheets as described above labeled
"Delta 2" for issuance to contractor by Construction Manager.
- 4 full size plan sheets of modified plans as described above.
- 4 11"x17" plan sheets of modified plans as described above.
_- 3 CDs containing PDFs and CAD files of the modified plans.
Schedule:
- Complete redesign and provide CD to City within 7 working days of receipt ofNTP.
`5,
I:,•s b~noni, k-ehouse, and Nfa intenance fluild ing rJemo
Scope 11-O5-OS Page 1 of 1 Printed 11/5/2008
City of Cupertino
Stevens Creek Corridor Park
ATTACHDAENT B
PRICE PROPOSAL FORM
CONTRACT PRICING PROPOSAL
NAME OF OFFERER
HNTB CORPORATION
DETAILED DESCRIPTION OF COST
ELEMENTS
1. DIRECT LABOR S ecif ESTIMATED
HOURS
RATE/HOUR ESTIMATED
COST. ($
SENIOR TECHNICAL ADVISOR 2 $ 225.00 $ 450
PROJECT MANAGER 8 $ 175.00 $ 1 ,400
SENIOR CIVIL ENGINEER 6 $ 175.00 $ 1,400
PROJECT CIVIL ENGINEER 2D $ 165.00 $ 3,300
ASSISTANT CIVIL ENGINEER B $ 100.00 $ SOO
FIELD DESIGN COORDINATOR 13 $ 90.00 $ 1,440
ESTIMATOR 8 $ 195.00 $ 1,560
$ -
$ -
' $ -
$ -
$ -
$ -
$ -
$ -
$ -
TOTAL LABOR & OVERHEAD $ 10,350
TOTAL
DIRECT
LABOR AND
OVERHEAD
$
0,350
3. PROFIT 10'% $ 1,035
4. SUBCONSULTANT COSTS (Attach
Itemization)
$
_
5. SUBCONSULTANT MARK-UP (not
to exceed 2%
2'% '
$
-
6. OTHER DIRECT COSTS (Attach
Itemization
$
100
. TOTAL TOTAL
ESTIMATED
COST AND FEE
(rounded)
$
1,490
FORM 60 The proposed butlget inclutles a comprehensive study of the project per the scope
Inclutletl herein. F'the CITY desires a lower budget, HNTB can adjust the scope and (ee _
upon discussion v. Ith the CITY.
~ NTB
`unack and Main[ Estimate 1 ~-03-08.zlsAttachment B - 1'1/5/2008
City of Cupertino
Stevens Creek Corridor Park
ATTACHMENT B-1
.` PRICE PROPOSAL FORM
DETAIL DESCRIPTION OF COST Task #4 TOTAL ALL
ELEMENTS Snack and Park Maint Demo TASKS
1. LABOR & OVERHEAD
RATE RANGE/HOUR
EST RATE ESTIMATED
HOURS ESTIMATED
COST $ ESTIMATED
HOURS ESTIMATED
COST $
SENIOR TECHNICAL ADVISOR $200-$250 $ 225.00 2 $ 450 2 $450
PROJECT MANAGER $170-$180 $ 175.00 8 $ 1,400 8 $1,400
SENIOR CIVIL ENGINEER $170-$180 $ 175.00 8 $ 1,400 8 $1,400
PROJECT CIVIL ENGINEER $160-$170 - $ 165.00 20 $ 3,300 20 $3,300
ASSI~iTANT CIVIL ENGINEER $95-$105 $ 100.00 8 $ 800 8 $800
FIELD DESIGN COORDINATOR $80 - $100 $ 90.00 16 $ 1,440 16 $1,440
SENIOR MECHANICAL ENGINEER - O $O
SENIOR ELECTRICAL ENGR 0 $O
PROJECT ELECTRICAL ENGR O $O
ASST ELECTRICAL ENGR O $O
SENIOR LANDSCAPE ARCH O $O
PROJECT LANDSCAPE ARCH O $0
RESIDENT ENGINEER 0 $O
OFFICE ENGINEER p $0
SR. CONSTRUCTION INSPECTOR 0 $O
ADMINISTRATIVE ASSISTANT 0 $O
QA/O~^ MANAGER O $0
ESTIMATOR $190-$200 $195.00 8 $ 1,560 8 $1,560
TOTAL LABOR & OVERHEAD 70 $ 10,350 70 $10,350
2. PROFIT 10% $ 1,035 $1,035
3. SUBCONSULTANT COSTS (Attach
Itemization)
TOTAL SUBCONSULTANT COSTS - $
4. SUBCONSULTANT MARK-VP (not to
exceed 2% 2% $ -
$
5. OTHER DIRECT COSTS ~ $ 100 $ 100
T E C T D
(Rounded) -
$ 11.490
au
I -I ,4tlD ~ l l ,4~JU
Ta
~i
OFFICE OF THE CITY CLEIRK
CITY HALL
70300 TORRE AVENUE • CUPERTINO, CA 95074-3255
TELEPHONE: (408) 777-32:?3 • FAX: (40S) 777-3366
CUPERTINO
November 20, 2008
>=INTB Corporation
C/O John Litzinger
1735 Technology Drive, Suite 600
San Jose, CA 95110
To Whom It May Concern:
Enclosed for your records are three copies of fully executed agreements with the City of Cupertino. If you
have any questions or need additional information, please contact the Public Works department at (408)
777-3354.
Sincerely,
CITY CLERK'S OFFICE
Enclosure