09-017 HNTB Corporation AGREEMENT
CITY OF CUI'ERTINO
'S ~'v 10300 Torre Avenue
/ ~ Cupertino, GA 95014 ~
408-777-3200 NO. ~ /
BY THIS AGREEMENT, made and entered into this 3rd day of February, 2009, by and between the CITY OF
CUPERTINO (hereinafter referred to as CITY) and HNTI3 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 spc;cified services and/or materials:
Provide engineering services for design of improvernents and construction administration support for
Stevens Creek Corridor Park, Project 9112, per the attached scope of services.
EXHIBITS: The following attached exhibits hereby are rnade part of this Agreement:
EXHIBIT A -SCOPE, TASKS 1a-1g, additional support servic~ss
EXHIBIT B -FEE PROPOSAL
EXHIBIT C -INSURANCE REQUIREMENTS ~
TERMS: The services and/or materials furnished under this Agreement shall commence on February 3,
2009 and shall be completed before December 31, 200f1
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR
an amount not to exceed $42,500.00 and per the attached Exhibits A and B. '
Callfomla Labor Code, Section 1771 requires the payment of prevailing wages to all workers employed on a Public Works contract In
excess of 51,000.00.
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, Contract~x shall file with Ciry a Certificate of Insurance before commencing
any services under this Agreement. Said Certificate shall be subject t~~ the approval of C1ty'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 underslgn~3d. 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 wnsent of the City. No changes or variations of any
kind are authorized without the written consent of the Clty.
CONTRACT CO-ORDINATOR and representative for CITY shall be: ENTERED
NAME: Terry W. Greene, AIA DEPARTMENI~: Public Works
This Agreement shall become effective upon its execu1:ion by CITY, in witness thereof, the parties have
executed this Agreement the day and year first written above.
CONTRACTOR: CITY OF CUPERTINO:
B By _
y jj"~^
Title R Terry W. Greene, City Architect
Soc. Sec. # or Tax I.D. ~ 1 lva. ~
APPROVALS EXPENDITURE DISTRIBUTION
R N H D ~ / / / D~T `t ~ , ~ 427-9112-9300 $42,500.00
CITY K ~1/~ DA~1_~g, c p
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HNTB Corporation
TASK 1, Additional Support Services
Backaround•
As requested by the City of Cupertino at a Design Team meeting on January 14, 2009,
HNTB has been tasked with design of various 7features at the Stevens Creek Corridor Park
Project. These services will include design of 1:he pool entry gate, finalizing the layout for
the former wading pool location, widening a portion of the sidewalk at the McClellan bus
stop, removing well head pump and appurtenar?ces behind the concession stand,
improvements at the 4H area, service road enhancements, additional CA services through the
completion of the Project, and design contingency.
Task la: Pool Entry Gate Design
The pool entry gate is to be designed to include all appropriate hardware and design
features as required per local, state, and federal codes pertaining to access and security of a
public pool facility.
Task lb: Wading Pool
The existing wading pool is scheduled to b~~ removed and replaced with landscaping and
other features. Conceptual design is to be provided by the City and Bruce Hill. Final design
will be completed by HNTB for formal transmittal to the City and Construction Manager.
Task lc: Widen Sidewalk and Remove Welli Head Pump
Design will be completed for a portion of the sidewalk at the McClellan Road bus stop to ~
be replaced with a wider section for additional clearance around an existing street light pole.
Design will also include the removal of the existing well head pump and associated
equipment located behind the concession stand. Demo of the well head pump will include
the corrugated metal enclosure and securing of the well.
Task ld: 4H Improvements
Improvements at the 4H area include design of: a wooden fence along the existing trail
section, removal of an existing septic tank, connection for the sanitary line from the tack
room to the existing sanitary sewer, preparatio~i and painting of the tack room, new fence and
gate design at the west end of the tack room, nf;w goat pens, removal of any remaining
foundations at the former caretaker residence location, grading of slopes to prevent future
erosion while taking into account future buildi~ig footprints, proper drainage at retaining wall
drain outlets to prevent saturation adjacent the trail, revegetation of disturbed areas, and
landscaping to be determined by the City.
Task le: Service Road Enhancements -
The existing service road is to be designed to be widened to support service and
emergency vehicles, and receive landscaping along the base of the existing rock wall that
runs along the City and private residence ROVE'.
Additionat Support Services Page 1 of 3 Printed 2/2/2009
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HNTB Corporation
Task lf: CA Services Extension
Extension of Project Manager and Design Field Coordinator (DFC) involvement from ~
previous assumed project completion date of N[ay 1, 2009, to new assumed completion date
of July 4, 2009. Duties include:
- Inspect work to ensure that design intent of plans and specifications is carried out,
in accordance with permits and enviironmental mitigation measures
- Photo-document site conditions as design questions/RFIs warrant
- Attend regularly scheduled progre;~s meetings to monitor construction progress
and keep design team apprised of site status
- Correspond with Construction Man~sger (CM) and City staff as needed
- Review submittals forwarded to design team by CM and/or City staff and ensure
expedited response from team
- Review Requests For Information. (BFI's) forwarded to design team by CM
and/or City staff and ensure expedited response from team
- Assist with Contract Change Orders referred to design team by CM and/or City ~
staff
As needed and if requested by the City, provide additional CA support services such as
detailed Cost Estimation (for CCO backup/verification and/or claims), Schedule Analysis
(for CCOs and /or Claims), and Claims Analysis/Becommendations.
Task lg: Other Client Directed Changes
Work is not specifically identified at this time, but potential changes ~•equested by the
City will require additional design efforts.
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 vvill 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 .pdfs 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:
- Design for each task will begin upon receipt of NTP.
- Preliminary Design for each task will be submitted for City review. -
- Final Design for a completed task to be delivered within 10 working days of receipt
of comments from the Preliminary Submittal of the respective task.
- All tasks will be completed and delivered to the City by July 4, 2009. 1
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Additional Support Services Page 2 of 3 Printed 2/2/2009
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City of Cupertino
Stevens Creek Corridor Park
ATTACHMENT 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 2 $ 225.00 $ 450
PROJECT MANAGER 17 $ 175.00 $ 2,975
SENIOR CIVIL ENGINEER 19 $ 175.00 $ 3,325
PROJECT CIVIL ENGINEER 16 $ 165.00 $ 2,640
ASSISTANT CIVIL ENGINEER 76 $ 100.00 $ 7,600
FIELD DESIGN COORDINATOR 122 $ 90.00 $ 10,980
PROJECT LANDSCAPE ARCH 3 $ 103.00 $ 309
QA/OC MANAGER 2 $ 150.00 $ 300
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OTHER CLIENT DIRECTED CHANGES $ 10,000
TOTAL LABOR & OVERHEAD $ 38,579
TOTAL
DIRECT
LABOR AND
OVERHEAD $ 38,579
3. PROFIT 10% $ 3,858
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) $ 42,540
FORM 60 The proposed budget Includes a comprehensive study of the project per the scope
included herein. It the CITY desires a lower budget, HNTB can adJust the scope and fee
upon discussion with the CITY.
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SCCP Additional Work Estimate 02-02-09.xlsAttachment B 2/2/2009
City of Cupertino
Stevens Creek Corridor Park
ATTACHMENT B-1
PRICE PROPOSAL FORM
DETAIIDESCRIPTIONOFCOST Task #1a Task#1b Task #1c Task#td Task#1e Task#1f Task#1 TOTALALI
ELEMENTS En ate des' n Wadin ool en svr8.demo um 4H Fence Service Road Services E#ensi r Chem Directed Ch TASKS
RATE RANGE EST. EST. EST. EST. EST. EST. EST. EST. EST. EST. EST. EST. EST. EST. ESTIMATED ESTIMATED
1. LABOR 8 OVERHEAD /FiR EST RATE HOURS COST $ HOURS COST $ HOURS COST HOURS COST HOURS COST $ HOURS COST $ HOURS COST $ HOURS COST
SENIORTECHNICAL ADVISOR 5200-$250 $ 225.00 1 $ 225 1 $ 228 2 450
PROJECT MANAGER $170-$180 $ 175.00 1 $ 175 1 $ 175 1 $ 175 1 $ 175 1 $ 175 12 $ 2,100 17 2,975
SENIOR CIVIL ENGINEER $170-$180 $ 175.00 4 $ 700 4 $ 700 3 $ 525 4 $ 700 4 $ 700 19 3,325
PROJECT CML ENGINEER $160-$170 $ 165.00 4 $ 660 12 $ 1,980 16 2.640
ASSISTANT CML ENGINEER $95-$105 S 100.00 12 $ 1,200 16 $ 1,600 16 $ 1,600 16 5 1,600 16 $ 1,600 76 7,600
FIELD DESIGN COORDINATOR $80- $100 $ 90.00 4 $ 380 Z $ 180 8 $ 720 10 $ 900 2 $ 180 96 $ 8.640 122 10,980
SENIOR MECHANICAL ENGINEER $ 175.00
SENIOR ELECTRICAL ENGR $ 143.00
PROJECT ELECTRICAL ENGR $ 103.00
ASST ELECTRICAL ENGR $ 78.00
SENIOR LANDSCAPE ARCH $ 143.00
PROJECTLANDSCAPEARCH $100.105 $ .103.00 1 5 103 1 $ 103 1 S 103 3 309
RESIDENT ENGINEER $ 165.00
OFFICE ENGINEER $ 135.00
SR. CONSTRUCTION INSPECTOR $ 90.00
ADMINISTRATNEASSISTANT $ 75.00
OA/OC MANAGER $140-160 $ 150.00 2 $ 300 2 300
ESTIMATOR $ 175.00
OTAL LABOR 8 OVERHEAD 26 $ 3,320 24 $ 2,758 28 $ 3,020 47 $ 5,983 24 $ 2,758 108 $10.740 0 $10,000 257. 38,579
2. PROFIT 10% S 332
. SUBCONSULTANT COSTS (Attach
Itemization
TOTAL SUBCONSUITANT COSTS $ -
. SUBCONSUITANT MARK-UP (not to
xceed 2% 2% $ - $ -
.OTHER DIRECT COSTS $ 100 $ 100
IMA
(Rounded) $ 42.540
~INTB
EXHIBIT C
INSURANCE REQUIREMENTS
CONTRACTOR shall procure and maintain for the duraticm 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 Contn~ctor, his/her agents, representatives, employees or
subcontractors. CONTRACTOR shall maintain at all timE;s 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 minimurn 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
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-owns:d vehicles and shall not be less than one million
dollars ($1,000,000.00), combined singles limit for any one occurrence.
2. Comprehensive or Commercial General Liability Insurance shall include coverage for bodily i
injury, property damage and personal injury for premises operations, prod.uct/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
claims for professional acts, errors or omissions 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 Liability policies shall be endorsed to provide primary
insurance coverage for all claims related to the services provided under this contract.
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 so approved in writing by the City Manager or his
designee.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.~~. Best's rating of no less than A:VI1, unless
otherwise acceptable to the City.
Verification 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 them. 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 rigl~t 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 • CUPERTINO, CA 95014-3255
TELEPHONE: {408) 777-32~?3 • FAX: (408) 777-3366
WEBSITE: www.cupertino.o g
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 o f the agreement with the City of Cupertino. If you
have any questions or need additional information, p:!ease contact the Public Works department at (408)
777-3354.
Sincerely,
CITY CLERK'S OFFICE
Enclosure