09-002 HNTB CorporationAGREEMENT
S~
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CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
408-777-3200
NO. L/~~~~b ~/
v
BY THIS AGREEMENT, made and entered into this day of C~. 2008, by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and HNTB Corporation, 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 shall provide or furnish the following specified services and/or materials:
Mary Ave. Bicycle Footbridge Project: Design of Screen Fence Extension
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Proposal marked Exhibit A
TERMS: The services and/or materials furnished under this Agreement shall commence on December 3, 2008
and shall be completed before February 27, 2009.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
Not to exceed of $ 7,500.00 on a Time and Material Basis
California Labor Code, Section 1771 requires the payment of prevailing wages to all workers employed on a Public Works contract in excess of
$1,000.00.
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 performing services described herein.
Insurance. Should the City require evidence of insurability, Contractor shall file with City a Certificate of Insurance before commencing any services
under this Agreement. Said Certificate shall be subject to the approval of City's Director of Administrative Services.
Non-Discrimination. No discrimination shall be made in the employment of persons 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 the 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 shall 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..,.,
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CONTRACTOR: / ~/ ;r ~4 CITY OF CUPERTINO:
Title ~~ ~`~ ~~~ ~~ ~ ~-~'~'~' ~ ~~ ~ ~`~""'~ Terry W. Greene, AIA, City Architect
Tax. I.D.# ~ ~.~~~, `•~ ~t~`i'`.~
APPROVALS EXPENDITURE DISTRIBUTION
D E '^
rr ~ w V 8 428-9449-9300 $7,500.00
CITY CLE K DATE
1 ~8 ~~ , ~ , ~ ~j 0
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I-INTB Corporation t°~' ~~ +~' t T ~~
DESIGN SERVICES SCOPE / MANHOUR ESTIMATE
For The
MARY AVENUE BICYCLE FOOTBRIDGE
SCOPE OF SERVICES:
The following scope of services and man-hour estimate is provided for design services regarding:
1. Provide design of the northerly extension of the privacy fence on the south side of the
project.
FENCE EXTENSION
HNTB will commence preparation of the design of the northerly extension of the privacy fence
(located at the south end of the project near the bridge abutment) for the subject project. It is
anticipated that the fence design will include a steel frame based on the alignment of the
extension down the existing abutment slope. The project will be designed to City standards and
use similar wood panels as the existing privacy fence. The Conformed Set (plans and technical
specifications) will be revised to incorporate the design of the fence extension and issued to the
City for constriction as a Contract Change Order to the existing constriction contract. It is not
anticipated that any review will be required by the SCVWD or Caltrans as the limits of the
improvements are outside their jurisdictions. HNTB will provide construction support services
for these improvements.
It is anticipated that the following drawings will be revised to incorporate the design of the F,ntry
Art Layout:
• L-2 (Layout Sheet)
+ C-13 (Construction Details)
SCHEDULE
The schedule for the project is anticipated to be as follows:
Submit Fence IJxtcnsion Revised Drawings for City Review - 12/15/08
Receive and respond to City Comments - 12/17/08
Submit Rcviscd Drawings for Construction to City - 12/19/08
Construction Support Services - per overall construction schedule (estimated substantial
completion 2/09)
COMPENSATION
HNTB will be compensated on a time and materials basis based on the attached breakdown of
hours and tasks.
cu~~n~„~-Hi,.y,~~~-r~•„«e.xs~~P~xtzoz.<<U~ Page 1 of 1 Printed 12/7/2008
ror Marv avem,e niwrm rnomr~nge Joo No. snedt Ho. }INTB
I.IaIe GY .lY:l Checketl OY N, BxkcneckeO Oy
Date 12/115/2Gp6 pate i2l51ZDp6 Ddre
MARY AVENUE BICYCLE f00TBRIDGE. Bridge No. 77.641
City of C°portino. C>lifomia
FENCE EXTENSION SERVICES
Senior
t Atlvlaor
i I
Protect I Sr Struct
Managor i Engirwa ~ Engineor
IIOLantlscap
eArch
Englnoar ll' Englnoerl Sonlor
Technician
~
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Atlmin Aast
Total
Hours
Coat
Expenses
Summary Hours / Feo
Projoct Management Moolirlgs, and OC
NNTB Sa J
a-J h Litz ngor_,P. E. _27
_. _._.__._.._.._..~. ... .. hrs, 0
-_
_ of
_....
cost 30 3
58.5.12
5255 0
-J
570.80
.___
. 50 0
____..___
342.00
r
' 50 0
-
535.20
.. _..
50 0
528.06
,
30 0
$4000
SO 1
....._-
51600
.___ ...
526 4
_._....__.__
5785
._._._--
.-_-_._
541
Fence Design hrs ; _ 0 0 8 0 23 0 0 0 31
NNTB San Joso-Kuan GO, P.E.-271 '~nl~ 57400 1 38S.t2 570.80 542.00 53520 528.08 ' 540.00 526.00
cost ) SOi SO 5566 SO _
5810 50 1 50 $0 ~ 33,839 fT6
Revise Gvd Dotail shoals hrs D D 0 0 0 16 0 0 16
HNTB San Joso • John LAZinger, P.E. - 27'
~~- rato 574.00; 585.12
-- S70 80
- 54200 535.20 __
526.08 _ ____
540.00 _
526.00 ___
~~
cost sB ^
so sB sB so ~ sass so so ~ st2s3 slog
Conslrudwn Su~porl Services _ hrs 0
~~ __ 3 __ 3~ 0 0 0 0 0 6
NNTB San Joso -John Lilzinger, P.E. - 27 rata 585.12 __5_70.80 S42 00 435.20 528.08 540.00 526.00 _____
Cesl SU 5255 52121 50 50 30 SO 50 f1,305 f100
hrs
mle
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cost
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rate
cost ___ _ _.._.._..___ -~w _._ _
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_ _hrs
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Total HNTB Foo _ hrs 0 6 11 0 23 76 8 1 57
cop 50 5511 5779 SO f810 5{48 SO __
326 57,183 5317
Total Fence Extension Fee
57,500
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366
WEBSITE: www.cupertino.org
CUPERTINO
January 14, 2009
HNTB Corporation
1735 Technology Drive, Suite 600
San Jose, CA 95110
To Whom It May Concern:
Enclosed for your records is a fully executed copy of 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