09-016 HNTB Corporation AGREEMENT
CITY OF CUPERTINO
10300 TorrE; Avenue
Cupertino, C;A 95014 L
~ 408-7-17-3200 NO.~~v
BY IS AGREEMENT, made and entered into this 2"d day of February, 2009, by and between the CITY OF
CUPERTINO (hereinafter referred to as CITY) and HNTB Corporation, 1735 Technology Drive, Suite 650,
San Jose, CA 95110, Phone: 408-451-7300 (hereinafter referred to 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:
Provide design and engineering consulting services for Pervious Pavement layout and structural section for
Stevens Creek Corridor Park, Project 9112, per the atta~~hed scope of services.
EXHIBITS: The following attached exhibits hereby are made part of this Agreement:
EXHIBIT A -SCOPE, TASK 1
EXHIBIT B -FEE PROPOSAL
EXHIBIT C -INSURANCE REQUIREMENTS
TERMS: The services and/or materials furnished under this Agreement shall commence on February 2,
2009 and shall be completed before December 31, 200!a
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COMPENSATION: For the full performance of this Agr~:ement, CITY shall pay CONTRACTOR
an amount not to exceed $13,000.00 and per the attached Exhibits A and B.
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 Ciry, 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 1.o the approval of Ciry'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: ENTERED
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.
CONTRACTOR: CITY OF CUPERTINO:
By By
Title P• Terry W. Greene, City Architect
Soc. Sec. # or Tax I.D. ~~--t lv~ 3G~ ~
APPROVALS EXPENDITURE DISTRIBUTION
D P RT N H ~ ~ ~ATE~ Og
` 427-9112-9300 $13,000.00
C LER DATE ~ / ~
HNTB Corporation
TASK 1, Pervious Pavement Layout and Structural Section
Back~round•
As requested by the City of Cupertino at a Desiign Team meeting on January 14, 2009,
HNTB has been tasked with design of various i'eatures at the Stevens Creek Corridor Park
Project. These services will include finalizing the remaining parking lot layout and designing
a pervious pavement structural section for the barking lot.
Task la: Parking Lot Design
The parking lot design is to be completed as directed by the City. Conceptual design is to
be transmitted by Bruce Hill (Hill Associates) rind final design completed by HNTB for
formal transmittal to the City and Construction Manager. A drainage investigation is to be
performed and will include design of a subdrai:n to be installed in the pervious pavement to
convey concentrated flows throughout the parking lot.
Task lb: Pervious Pavement Structural Section
Design of a pervious pavement structural section for the proposed parking lot. The
Parking Area has been identified as a combinal;ion of grass paving for the parking stalls, and
a structural section of pervious paving for the drive aisle areas as shown by Bruce Hill with
Hill and Associates. The loading criteria as been assumed to be H-20 for emergency vehicle
access, and is assumed to be a minimal occurrence of heavy vehicle traffic annually. A
through engineering investigation for the pavement thickness and base rock requirements
will be conducted under this scope. HNTB staff will also conduct placement observation
during the concrete pour(s).
Deliverables:
This work will require revisions of the specific plan sheets as necessary for each task. As
each task is completed, a revised Index Sheet will be included with the submittal package to
show modified sheets. The submittal package for each completed task will consist of the
following:
- Four (4) full size (22" x 34") drawings of modified plan sheets; two (2) copies will be
delivered to the City, two (2) copies will be delivered to the Construction Manager.
- Four (4) half size (11" x 17") drawings of modified plan sheets; two (2) copies will be
delivered to the City, two (2) copies will be delivered to the Construction Manager.
- Three (3) CDs containing CADD and .l~dfs of modified plan sheets as described ~
above, labeled appropriately for the respective completed task; one (1) CD will be ~
delivered to the City, two (2) CDs will be delivered the Construction Manager.
Schedule: -
- Preliminary redesign Submittal for Cit3~ Review of pervious pavement structural
section and provide CD to the City of Cupertino and the City of Cupertino within 10 ~
working days of receipt of NTP, excluding any delays caused by others.
- Final Redesign to be delivered within 10 working days of receipt of comments from
the Preliminary Submittal.
Additional Support Services Page 1 of 2 Printed 2/2/2009
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City of Cupertino
Stevens Creek Corridor Park
ATTACHMIENT B
PRICE PROPOSAL FORM
CONTRACT PRICING PROPOSAL '
NAME OF OFFERER
HNTB CORPORATION
DETAILED DESCRIPTION OF COST
ELEMENTS
ESTIMATE[) ESTIMATED
1. DIRECT LABOR S eci HOURS RATE/HOUR COST
SENIOR TECHNICAL ADVISOR t $ 225.00 $ 225
• PROJECT MANAGER 1 $ 175.00 $ 175
SENIOR CIVIL ENGINEER 113 $ 175.00 $ 3,150
PROJECT CIVIL ENGINEER $ 165.00 $ 660
ASSISTANT CIVIL ENGINEER 40 $ 100.00 $ 4,000 I
FIELD DESIGN COORDINATOR 22 $ 90.00 $ 1,980
PROJECT LANDSCAPE ARCH 1 $ 103.00 $ 103
QA/QC MANAGER !3 $ 150.00 $ 1,350 ~
TOTAL LABOR & OVERHEAD $ 11,643
TOTAL
DIRECT
LABOR AND
OVERHEAD $ 11,643
3. PROFIT 10''/0 $ 1,164
4. SUBCONSULTANT COSTS (Attach
Itemization) $ -
5. SUBCONSULTANT MARK-UP (not to
exceed 2% 2'% $ - '
6. OTHER DIRECT COSTS (Attach
Itemization $ 100
• TOTAL
ESTIMATED
COST AND FEE
7. TOTAL (rounded) $ 12,910
FORM 60 The proposed bwiget indudes a comprehensive study of the project per the scope
Included herein. If the CITY desires a lower budget, HNTB can adjust the swpe and fee
upon discussion with the CITY. j
HNTB
Pervious Pavement Estimate 02-02-09.xlsAttachment B 2/2/2009
City of Cupertino
Stevens Creek Corridor Park
ATTACHMENT B-1
PRICE PROPOSAL FORM
DETAIL DESCRIPTION OF COST Task#1a Task#1b TOTAL ALL
ELEMENTS Parkin lotdesi PavementStrucW TASKS
RATE RANGE EST. EST. EST. EST. ESTIMATED ESTIMATED
1. LABOR & OVERHEAD MR EST RATE HOURS COSTS HOURS COSTS HOURS COST $
SENIOR TECHNICAL ADVISOR S2D0-5250 S 225.00 1 S 225 1 225
PROJECT MANAGER 5170.5180 $ 175.00 1 $ 175 1 175
SENIOR CML ENGINEER 5170$180 S 175.00 8 S 1,400 10 S 1,750 18 3,150
PROJECT CIVIL ENGINEER 5160.5170 S 165.00 4 $ 860 4 660
ASSISTANT CML ENGINEER $95.5105 S 100.00 16 S 1,600 24 S 2,400 40 4,000
FIELD DESIGN COORDINATOR 580-$100 S 90.00 6 E 540 16 S 1,440 22 1,980
SENIOR MECHANICAL ENGINEER S 175.00
SENIOR ELECTRICAL ENGR $ 143.00
PROJECT ELECTRICAL ENGR S 103.00
ASST ELECTRICAL ENGR $ 78.00
SENIOR LANDSCAPE ARCH $ 143.00
PROJECT LANDSCAPE ARCH $100-105 S 103.00 1 $ 103 1 103
RESIDENT ENGINEER S 165.00
OFFICE ENGINEER S 135.00
SR. CONSTRUCTION INSPECTOR S 90.00
ADMINISTRATIVE ASSISTANT S 75.00
QA/OC MANAGER 5140-160 S 150.00 1 S 150 S S 1,200 9 1,350
ESTIMATOR S 175.00
OTAL LABOR & OVERHEAD 38 S 4.853 58 S 6,790 96 11,643
2. PROFIT 10% 51,1
3. SUBCONSULTANT COSTS (Attach
Itemization
5
TOTAL SUBCONSULTANT COSTS $
. SUBCONSULTANT MARK-UP (not to ,
exceed 2% 2% $
5. OTHER DIRECT COSTS S 100
(Rounded) S 12,910
HNTB
EXHIBIT C
INSURANCE REQUIREMENTS
CONTRACTOR shall procure and maintain for the durati~~n of the contract insurance against claims for
injuries to persons or damages to property which may arise from or in connection with the performance of the
work hereunder and the results of that work by the Contractor, his/her agents, representatives, employees or
subcontractors. CONTRACTOR shall maintain at all times during the performance of the Agreement the
following insurance and endorsements:
A. Workers' Compensation and Employer's Liability Insurance:
Workers' compensation insurance indicating compliance with State's workers' compensation laws
and employer's liability insurance with a minimum of one million dollars ($1,000,000.00) per accident
for injury, death or disease to any employee, or statutory limits. The policy shall contain an
endorsement waiving all rights of subrogation ~~gainst the City, its officers, officials, employees or i
volunteers.
B. Professional Liability, General Liability and Automobile Liability Coverage:
1. Automobile Liability Insurance shall include coverage for bodily injury and property damage
for owned (if any), hired and non-owned vehicles and shall not be less than one million
dollars ($1,000,000.00), combined single: limit for any one occurrence.
2. Comprehensive or Commercial General Liability Insurance shall include coverage for bodily
injury, property damage and personal injury for premises operations, product/completed
operations and contractual liability. The amount of the insurance shall not be less than one
million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00)
aggregate, combined single limit. (Claims made policies are not acceptable.) Consultant
shall also provide aggregate limits endorsement and primary insurance endorsement.
3. Professional Liability Insurance (including Contractual Liability) shall include coverage for i
claims for professional acts, errors or orrifssions and shall not be less than one million dollars
($1,000,000.00) per claim and one million dollars ($1,000,000.00) in the aggregate.
C. Additional Insurance Provisions
1. The CITY shall have the right to inspect or obtain a copy of the original policies of insurance.
2. The general and auto liability policies shall be endorsed to name the City, its officers,
officials, employees or volunteers as insureds for liability arising out of work or operations
performed by or on behalf of the Consultant including materials, parts or equipment
furnished in connection with such work or operations. General liability coverage can be
provided in the form of an endorsement. to the Consultant's insurance (at least as broad as
ISO Form CG 20 37 07 04 or CG 20 '10 11 85), as a separate Owner's and Contractor's
Protective Liability Policy, or on the Entity's own form.
3. The General, Auto, and Professional Li~~bility policies shall be endorsed to provide primary ~
insurance coverage for all claims related to the services provided under this contract. j
4. CONSULTANT shall furnish to the CITY within 15 days following the execution of this
Agreement, the required certificates and endorsements. The certificate of insurance shall
state the policy will not be cancelled without thirty (30) days written notice to the CITY (or 10
days notice for cancellation due to nonp~~yment).
5. All policies, endorsements, certificates, and/or binders shall be subject to approval by the
City Manager of the City of Cupertino as to form and content. These requirements are
subject to amendment or waiver if sa approved in writing by the City Manager or his
designee.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.h1. Best's rating of no less than A:VII, unless
otherwise acceptable to the City.
Verlficatlon of Coverage
CONTRACTOR shall furnish the City with original certificates and amendatory endorsements effecting
coverage required by this clause. All certificates and endorsements are to be received and approved by the
City before work commences. However, failure to obtain the required documents prior to the work beginning
shall not waive the contractor's obligation to provide there. The City reserves the right to require complete,
certified copies of all required insurance policies, including endorsements required by these specifications, at
any time.
Waiver of Subrogation
CONTRACTOR hereby grants to City a waiver of any riciht to subrogation which any insurer of said
CONTRACTOR may acquire against the Entity by virtue of the payment of any loss under such insurance.
This provision applies regardless of whether or not the City has requested or received a waiver of
subrogation endorsement from the insurer.
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OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • c;UPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3:23 • FAX: (408) 777-3366
WEBSITE: www.cupertino.org
CUPERTINO
February 25, 2009
HNTB Corporation
1735 Technology Drive, Suite 650
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, I~lease contact the Public Works department at (408)
777-3354.
Sincerely,
CITY CLERK'S OFFICE
Enclosure