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08-127 HNTB Corp, John LitzingerOFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • C:UPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366 WEBSITE: www.cupertino.org GUPERTINO December 19, 2008 HNTB Corporation John Litzinger 1735 Technology Drive, Suite 600 San Jose, CA 95110 To Whom It May Concern: Enclosed for your records is a fully executed copy cf the agreement 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 AGREEMIENT '~/ CSTY OF CUPEI~TINO (j 2 i 0300 Torre Avenue Cupertino, CA !35014 ~ /'~/ / l)_C~ 408-777-32t>D NO. .S b ! c7- / BV THtS AGREEMENT, made and entered into this ,day of 2008, by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and HNTB CorFroration, John Lttzinger, Address 1735 Technology Drive, Su. 600, San Jose, CA 95110, Phone: (408)451-7300 (Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows: CONTRACTOR shay provide or fumfsh the following specified services and/or materials: Stevens Creek Corridor Park Project: Additional Survey Wc~rk EXHIS/TS: The following attached exhibits hereby are made part of this Agreement: Proposal maNced Exhibit A TERMS: The services and/or materials furnished under this Agreement shall commence on December 8, 2008 and shall be completed before May 31,-2605: acts q COMPENSATION: For the fu8 performance of this Agreement, CITY shall pay CONTRACTOR: Not to exceed of ~ 6,000.00 on a Time and Material Basis Cagfomia Labor Code, Section 1771 requires the payment of prevailing wagers b aN workers employed on a Putxic Works contract In excess of S1,OOU.00. GENERAL. TERMS AND CONDITIONS Hold Harmleaa. Contrector agrees to save and hold hamMass [ha Gity, its offictsrs, agents and employees from any and all damage and linbllny due to negligence, errors and omissions, including a0 wets of defending any claim. ~aused by or arising out of the performance oT this Agreement Cay shag not ba gable for acts oT Gon4actor in performing services described herein. insurence. Shoukf the Cily require evidence of insurability, Contractor shag file with City a Certificate of insurance before commenting any services under this Agreement Sa1d CenNicste shatl be subject to the approval of Citys i3irector of Administrative Services. Non-Disaimtnation. No discrimination shall lea made in the employment of sersona under this Agreement because of the race, color, national origin, anrsstry, religion or sax of such person. Interest of Contractor. ti is understood and agreed that this Agreement is not n contract of arnptoymen[ in ttre sense that the relatbonship of master arx! servant exists between City and undarsignad_ At ail /frnas, Contractp shall ba deemed [o be an independent corgractor and Contractor re not authorized to bitxl the City to any wntracts or other obligations in executing this agreement. Contractor car0fies that no one who has or will have any flnar>riat interest under this Agreement is an officer or empbyea of City. Changes. This Agreement shag not 0a assigned or transferred without the written consent of the City. No changes or variations of any kind are authorized without Eha written consent of the Cqy. CONTRACT CO-ORDINATOR and representative for CITY shall tie: a,._~ ~~~ NAME: Terry W. Greene, AtA DEPARTMENT: Public Works ~ t This Agreement shall become effective upon Its execution by CITY, in witness thereof, the parties have executed this Agreement the tlay and year first written above. CONTRACTOR: B -~~______~.. '~ '- Y Title ~ • r Tax. i_D.Yt _ ~. . APPROVALS ~ _ CITY OF CUPERTINO: BY -' _ Terry W. Greene, AtA, City Architect EXPI°_NDtTURE DISTRIBUTION T tE D ~ ~ ~ DATE ~ OLMT NLfMOER ~719Y 12A300 . 56,000.00 , G'1 R DA ~ /( _~// ~~~~ ~ ~~t-i~~31 ~~ A HNTB Corporation DESIGN SERVICES SCOPE / MANHOUR ESTIMATE For The STEVENS CREEK CORRIDOR PARK SCOPE OF SERVICES: The following scope of services and man-hour estimate is provided for design services regarding: 1. Provide additional field surveys to support design work during construction of the project. ADDITIONAL SURVEYS HNTB will use Kelley Engineering and Surveying to conduct additional field surveys to support on-going design work during construction of the F~roject. HNTB/Kelley will meet with the City in the field to determine key elements to be surveye;d (such as existing buildings, bridges, etch and other features such that an evaluation of the existing survey data can be completed. See attached fee estimate breakdowns for additional information. SCHEDULE The schedule for the project is anticipated to be as Follows: Conduct additional field surveys - 12/12/08 Review field survey results versus existing survey information - 12/17/08 COMPENSATION HNTB will be compensated on a time and materials basis based on the attached breakdown of hours and tasks. Cupcrtino-SCCP-AddlSUrvcys-Scope081208.doc Page 1 of 1 _ Printed 12/8/2008 .ar ala.en. ~raa. ~orr~tlar F.r. Jae Ha. Sn..l Ha }INTB rw.tl. a JwL tjr.aw a rH e.9t4n.4fw to w Iz a/zoos wee ~7zooe w 9.avw Cr~k CerrMer Pia ay at aPwaa, crltoml. ADDITIONAL SURVEYS SERVICES Banlor Atlvlpr ProJact Manpo Sr EnBlrwr Fialtl TocOniul Spaclallat Eplnaar 11 EnBlnaar 1 Sanlor TacM1nicbn Atlmin Aut Total Hours coat Ezpanaaa Summary HcuB / Fee Pro Man menl. Meati . arW Coortllnalbn pB O O C O O O O t t HNtB San JOSa-JOFn LiIZInBm-2] tale 5238.39 St]3.80 AO.aC 59200 S]9.3] mrt SO SO SC SO 50 EO EO S]4 S)4 Ste AGOIIbnN Surw !IB O O L 6 O O O O 6 HNTB San JOae-Tybr Newpren-23 tale j233.39 St]3.30 Sa].68 mal EO EO EC j433 j0 EO j0 EO j49a 53.4)0 tIB tale IIB a m9 tIB tale tIB rata CoM Am ra10 mal nrs raa mal nB rel. coM M1B rata ms1 nrs rata mal nrs tale nB rel. mal nB role coal Tonal HNTB Fw ItR O O O D O O O 1 f f0 f0 SO f4lf SO f0 EO S]I fft2 f5,b! otal Atltlltlonal Surveys Fee fe,ooo KELLEY ENGINEERING ANI~ SURVEYING 7000 SAN BENITO STREET, HOLLISTER, GA 95023 OFFIGE: (837) 636-7704 FAX (831) 636-1837 ESTIMATE OF FEES Stevens Creek Park Survey Phase Hourly Estimated Estimated Item Description Codle Rate Hours Fee 1 Survey Office Preparation 2 Field Topographic Survey 3 Meetings with HNTB/City 4 Topographic Mapping TOTAL 50~~ 125 6 $750.00 60:i 230 14 $3,220.00 108 125 4 $500.00 52'I 125 8 $1 ,000.00 $5,470.00 Notes: Office Preparation includes review of existing survey data provided by HNTB. Deliverables: Topographic Map of surveys conducted to be provided in AutoCAD format. Base Map to be provided by HNT13.