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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 FYPFNrIITIIRC nrcTOrQriTrn.~ ME H D pp E ~... ~.-r. • v. 1 ~\~YL ~ IVI• . ~ ~ , D ` 4s"":7-9112-9300 53,810.00 CITY k DAT ~3 I r C ~ Q r 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