09-004 HNTB Corp, John LitzingerAGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, (:A 95014
408-777~~3200
NO. G~~ ~6~ C~~
BY THIS AGREEMENT, made and entered into this l3Y~i~day of ,mac n_, 2009, by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and HNTB Corporation, John Litzinger, Address 1735 Technology
Drive, Su. 600, San Jose, CA 95110, Phone: (408)451-7300; a-mail: 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: Water Tank Power Drop
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 agreement shall commence on December 1T, 2008
and shall be completed before April 30, 2009.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
Not to exceed of $ 3,810.00 on a Time and Material basis
California Labor Code, Section 1771 requires the payment of prevailing w:~ges to all workers employed on a Public Works contract in excess of
$1,000.00.
GENERAL TERMS AND CONDITIONS
Hold Harmless. Contractor agrees to save and hold harmless the City, its officers, agents and employees from any and ail damage and liability due
to negligence, errors and omissions, including all costs of defending any claim, caused by or arising out of the performance of this Agreement. City
shall not be liable for acts of Contractor in performing services described herr~in.
Insurance. Should the City require evidence of insurability, Contractor shall file with City a Certiflcate of Insurance before commencing any services
under this Agreement. Said Certificate shall be subject to the approval of Cibi's Director of Administrative Services.
Non-Discrimination. No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national
origin, ancestry, religion or sex of such person.
Interest of Contractor. It is understood and agreed that this Agreement is not a contract of employment In the sense that the relationship of master
and servant exists between City and undersigned. At all times, Contractor ::hall be deemed to be an independent contractor and Contractor is not
authorized to bind the City to any contracts or other obligations in executing this agreement. Contractor certifies that no one who has or will have
any financial interest under this Agreement is an officer or employee of City.
Changes. This Agreement shall not be assigned or transferred without the written consent of the City. No changes or variations of any kind are
authorized without the written consent of the City.
CONTRACT CO-ORDINATOR and representative for CITY shall be: ELATE
NAME: Terry W. Greene, AIA DEPARTMENT: Public Works • `EE
This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this
Agreement the day and year first written above.
CONTRACTOR:
BY / ?' O~
Title ~~,~
Tax. I.D.# '~3 'l ~0 ~ ~ 09a
APPRQVAL$ ~ ,
CITY OF CUPERTINO:
By
Ter W. Greene, AIA, City Architect
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ME H D pp
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4s"":7-9112-9300
53,810.00
CITY k DAT ~3 I r C
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HNTB Corporation
TASK 1, WATER TAI~TK POWER DROP
SCOPE OF SERVICES
Backsround:
HNTB and AEC have been requested to design the electrical service near the old Mona Vista
Water Company parcel on the Stevens Creek Corridor Park project. This design will include
relocating the electrical service out of the existing pump building to a new pad located south
of the PG&E pole within the fenced limits of the former Monta Vista Water Company parcel.
Relocating the existing service will require preparing a new plan detailing the building
demolition and electrical service in the area ne~~r the old water tank location. The electrical
plans will show the location of the new PG&Epad-mounted cabinet housing the electrical
meter and electrical service panel. The work vrill also require coordination with PG&E to
ensure the relocation meets their approval. This work will require revisions of the following
plan sheets:
Sheet K-2: Revise Index of Sheets to show mo~iif~ed plan sheets.
Sheet D-2: Revise plan to show demolition of the pump house building and water tank
facilities.
Sheet E-1: Revise project note, symbols, and abbreviations.
Sheet E-2: Revise this plan to incorporate demolition and relocation of electrical service
equipment.
Sheet E-14: Add electrical detail including panel schedule.
Deliverables:
- Four (4) full size {22" x 34") drawings of modified plan sheets.
- Four (4) half size (11" x 17") drawings ~of modified plan sheets.
- Three (3) CDs containing CARD and .pdfs ofmodified plan sheets as described
above labeled "Water Tank Power Drop" for issuance to contractor by Construction
Manager.
Schedule:
- Complete redesign of relocating the elec;tric~l main service and provide CD to City
within 10 woxking days of receipt of NIP, excluding any delays caused by PG&E
coordination.
Compensation:
- The work required to complete this electrical redesign on a time and material basis is
an amount not to exceed $3,810.00
Water Tank Power Drop scope 12-04-08.doc Page 1 of 1 Printed 12/9/2008
City of Cupertino
Stevens Creek Corridor Park
ATTACHNIENT B
PRICE PROPOSAL FORM
CONTRACT PRICING PROPOSAL
NAME OF OFFERER
HNTB CORPORATION
DETAILED DESCRIPTION OF COST
ELEMENTS
1. DIRECT LABOR S eci ESTIMATED
HOURS
RATE/HOUR ESTIMATED
COST $
SENIOR TECHNICAL ADVISOR 'I $ 225.00 $ 225
PROJECT MANAGER :? $ 175.00 $ 350
FIELD DESIGN COORDINATOR fi $ 90.00 $ 540
ASSISTANTCIVIL ENGINEER ~I $ 100.00 $ 400
$ - -
$ -
$ -
$ -
$ - ,.
$ -
$ -
$ -
$ -
$ -
TOTAL LABOR & OVERHEAD $ 1,515
TOTAL
DIRECT
LABOR AND
OVERHEAD
$
,515
3. PROFIT 10°,/0 $ 152
4. SUBCONSULTANT COSTS (Attach
Itemization
$
2,000
5. SUBCONSULTANT MARK-UP (not
to exceed 2%
2°6
$
40
6. OTHER DIRECT COSTS (Attach
Itemization
$
100
. TOTAL TOTAL
ESTIMATED
COST AND FEE
(rounded)
$
,810
FORM 60 The proposed budget includes a comprehensive study of the project per the scope
Included herein. It the CITY desires a krvver budget, HNTB can adjust the scope and tee
upon discussion with the CCfY.
HNTB
Water Tank Power Drop Estimate 12-04-08.xlsAttachment B 12/9/2006
City of Cupertino
Stevens Creek Corridor Park
ATTACHMI2NT B-1
PRICE PROPOSAL FORM
DETAIL DESCRIPTION OF COST Task #1 TOTAL ALL
ELEMENTS Water Tank Power Dro TASKS
ESTIMATED ESTIMATED ESTIMATED ESTIMATED
1. LABOR & OVERHEAD RATE RANGFJHOUR EST RATE HOURS COST $ HOURS COST $
SENIOR TECHNICAL ADVISOR $200-$250 $ x!25.00 1 $ 225 1 $225
PROJECT MANAGER $170-$180 $ 175.00 2 $ 350 2 $350
SEi~iIOR CIVIL ENGINEER $ 175.00 $ - 0 $0
PROJECT CIVIL ENGINEER $ 165.00 $ - 0 $0
ASSISTANT CIVIL ENGINEER $95-$105 $ 100.00 4 $ 400 4 $400
FIELD DESIGN COORDINATOR $80 - $100 $ 90.00 6 $ 540 6 $540
SENIOR MECHANICAL ENGINEER $ 175.00 $ - 0 $0
SENIOR ELECTRICAL ENGR $ 143.00 0 $0
PROJECT ELECTRICAL ENGR $ 103.00 0 $0
ASST ELECTRICAL ENGR $ 78.00 0 $0
SENIOR LANDSCAPE ARCH $ 143.00 0 $0
PROJECT LANDSCAPE ARCH $ 103.00 0 $0
RESIDENT ENGINEER $ 165.00 0 $0
OFFICE ENGINEER $ 135.00 0 $0
SR. CONSTRUCTION INSPECTOR $ 90.00 0 $0
ADMINISTRATIVE ASSISTANT $ 75.00 0 $0
QA/QC MANAGER $ 150.00 0 $0
ESTIMATOR $ 175.00 0 $0
OTAL LABOR & OVERHEAD 13 $ 1,515 13 $1,515
. PROFIT 10% ~' $ 152 - $152
3. SUBCONSULTANT COSTS (Attach ,
Itemization
AEC Electrical En ineers ~ 000 20
2~ $2
00
,
TOTAL SUBCONSULTANT COSTS
_; .
,:, ...- ,
$ 2
000
4. SUBCONSULTANT MARK-UP {not to ,
exceed 2% 2% $ 40 $ 40
5. OTHER DIRECT COSTS $ 100 $ 100
(Rounded)
-
$ 3,810
~,..,.a~~ .~.o~~: ~ s,uui $ 3,810
HNTB
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-32.?3 • FAX: (408) 777-3366
W EBSITE: www.cupertino.org
CUPERTINO
January 20, 2009
HNTB Corporation
C/O 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 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