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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