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09-002 HNTB CorporationAGREEMENT S~ ~~/ 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..,., rr` 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 ,/ ~ t r 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 ~ ~ 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 casl ~ __.___-__....__ .._. -- nrs ~. _. I rato Cosl - I __.-.___ ._......_._....._._ -.____ _~ hrs ._-______. ~ I ___. rate t_ 1 _ cost -- hrs mto ..~_..__.,.. cocl __..__ ___--._. .--__ _-___._.__- . _.__-__- hrs _ ._ _. _- ___..--_- rato I ~ I wsl r -_ hrs rate -_..._._. _.. __:~ _ ,__.___ cost _._....~ hrs rate cost ___ _ _.._.._..___ -~w _._ _ hrs ratn ~ T hrs tale cosl _ _hrs _ rata .____..___ ..__ _~ cvsl ~ V __~_.___._ 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