07-146, HNTB Mary Ave bicycle footbride manualAGREEMENT
~~?/ CITY OF CUPERTINO
10300 Torre Avenue
/ Cupertino, CA 95014
408-777-3200 NO.
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BY THIS AGREEMENT, made and entered into this day of , 2007, by and between the CITY OF
CUPERTINO {Hereinafter referred to as CITY) and HN Corporation, John Litzinger, Address 1735 Technology
Drive, Su. 650, San Jose, CA 95110, Phone: (408)451-7300
{Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as
follows:
GONTRACTOR shall provide or furnish the following specified services and/or materials:
Mary Ave. 8icycie Footbridge Maintenance Manual
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Proposal marked Exhibit A
TERMS: The services andlor materials famished under this Agreement shall commence on December, 4, 2007
and shall be completed before August 31, 2008.
COMPENSATION: For the fiull performance of this Agreement, CITY shall pay CONTRACTOR:
Not to exceed of $ 25,000.00 paid on a Time and Materials Basis ~ U ~i~`ERED
California Labor Code, Soc[ion 1771 requires the payment of prevailing wages to all workers employed on a Pubtie Works contract in excess of
$1,000.00.
GENERAL TERMS AND CONDITIONS
Notd Harmless. Contractor agrees to save and hold harmless the Clty, its officers, agents and employees from any and a!1 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 shaft 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 behroeen 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 Ci'tY shall be:
NAME: Terry W. Greene, AIA DEPARTMENT: Public Works
This Agreement shad become effective upon its execution by CITY, in witness thereof, the parties have executed this
Agreement the day and year first written above.
CONTRACTOR: CITY OF CUPERTiNO:
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By ~.~.~ fir. By
Title ~° ~ Te W. Greene, AIA, City Architect
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APPROVALS EXPENDITURE DISTRIBUTION
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• `~ I 110-8101-7014 3 25,000.00
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DESIGN SERVICES SCOPE / MANHOUR ESTIMATE
For The
b1ARY AVENUE BICYCLE FOOTBRIDGE
SCOPE OF SERVICES:
Th.e following scope of services and man-hour estimate is provided for design services regarding:
1. Provide Maintenance Manual to the project for Caltrans and~SCVWD approval.
MAINTENANCE MANUAL
HNTB will commence preparation of the maintenance manual for the subject bridge to Caltrans
and City standards for approval, As part of the Encroachment Permit approval process, a draft
outline of the maintenance manual will be prepared and submitted to Caltrans for approval. Once
the draft outline is approved, HNTB will commence development of the following sections:
• SECTION 1 -BRIDGE IDENTIFICATION AND LOCATION
• SECTION 2 - OBJECTIVE OF MANUAL
• SECTION 3 -PRINCIPAL ELEMENTS OF THE BRIDGE
It is anticipated that a total of l.0 sections will be required and will consist of the following
sections:
• SECTION 4 -BRIDGE DESIGN CONSIDERATIONS
• SECTION 5 - STRUCTURAL ROLE OF MAJOR BRIDGE ELEMENTS
• SECTION 6 -SEQUENCE AND METHODS OF BRIDGE CONSTRUCTION
• SECTION 7 -INSPECTION PERSONNEL AND EQUIPMENT
• SECTION B -INSPECTION PROGRAM AND SCHEDULE
• SECTION 9 -INSPECTION PROCEDURES
• SECTION 10 -MAINTENANCE AND REPAIR PROCEDURES
These additional sections will be developed as budget allows after development of Sections 1-3.
Work will include meetings with Caltrans and the City as welt as project management.
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