07-055 Mark Thomas & Co. Mary Ave BridgeAGREEIV~ENT
CITY OF CUI'ERT1N0
10300 Torre Avenue
Cupertino, CA 95014 ~
4os-7n-;3200 No. '~.~~~~-~
BY THI~AG$EEMENT, made and entered into this 10'" day of May, 2007, by and between the CITY OF CUPERTiNO
(Hereinafter referred to as CITY) and Mark Thomas 8 Company, Inc.; 1960 ~Za3tnker Road, San Jose, CA 95112
Contact: Richard tanaka: Phone: 408.463-5373; Fax: 4{18-453-5390; E-Mail: rtanaka~markthomas.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: Cost Estimating Sewices
for the Mary Avenue Bike Ped Bridge Project
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Proposal; EXHIBIT "A"
TERMS: The services and/or materials fum~hed under this ~~greement shall oomrrtence on May 10, 2007
and shall be completed before October 1, 2007
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: Not to Exceed
$20,706.00 on a T&M basis
CaNforia 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 olticers, agents and employees from any and aN damage and liability due
to negligence, errors arxt omissiorrs, inducting all casts of defending arty dahn, caused by or arising out of the performance of dmis Agreement. City
shall not be I'~able for acts of Contractor in performing services described here:.
insurance. Should the CNy require evidence of InsurabilNy, Contractor shalt file with City a Certificate of Insu-anoe.before commendng arty services
ur-der this Agreement. Said Certificate shall be subject to the approval of Cil)r's Director of Administrative Servk:es.
Non-0iscrimination. No discxirr-inadam shah be made in the employment of pen;pns under this Agreement because of the race, color, national
origin, ancesby, 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 antl undersigned. At all dmes, Contractor Ekrall be deemed to be an independent contractor and Contractor is not
authorized to bind the City to any cxrttracts or other obligations in executing this agreement. Contractor certifies that no one who has or wNl have
any flnandai interest ur-der this Agreement is an officer or employee of City.
Changes. This Agreemer-t shall not be assigned or trarisferced without the written consent of the City. No chars or variatbns of any kind are
authorized without the written consent of the Gty.
CONTRACT CO-ORDINATOR and representative for CITY shall be: ~ ~~TE~D
NAME: Terry W. Greene, AIA DEPARTMENT: Public Works ~~~JJJ
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 ~2tC~+wV'd1 ~GlylU~i ~e"~~ d~'~ Terry W. Greene, AIA, City Architect
Soc. Sec. # or Tax I.D.# ~~. -~ ~~ (~
~-
EXHIBIT A
MARK THOMAS & CONIPAN~1', tNCe
' Providing Engineering, Surveying and Planning Services
May 9, 2007
Mr. Terry Green, City Architect
City of Cupertino
Department of Public Works
10300 Torre Avenue
Cupertino, CA 95014
Re: Proposal -Review of Marry Avenue Bicycle: Footbridge Project
Dear Terry:
1960 ZankerRoad
San Jose, CA 95112
PHONE (408) 453-5373
FAX (408) 453-5390
File No. 21-51004
Mark Thomas & Company, lnc. is pleased to submit our proposal. to perform engineering services for
the subject project. Our scope of services would include:
1) Review bid documents and develop list of concernslissues which could. have impact to cost
approach.
2) Review factors which could. influence unit price and cost, i.e. location, relative availability of
materials, working conditions, lane closure impacts on freeway, risk management relative to
the development and. management of constn~ction capital cost. estimating, general.
constructability (construction methods and Disks associated with that method), etc. These
factors will be confirmed with phone interviews with general contractors (plan holders) on this
project (at Least 5 phone interviews).
3) Contact design engineer to review their assumptions for the development of unit prices and
lump sum items, their perspective of why the bids came in higher than engineers' estimate,
their thoughts of further value analysis to reduce cost or changes to plans and specifications
which would yield lower overall construction cost.
4) Contact and interview two bidders (RGW and R&L) to discuss major cost differentials
between engineers' estimate and bid price.
5) Documents these interviews and findings.
6) Based on these findings and MTCo's experience over the past one year with Caltrans on-call
engineering services for independent cost. estimating services, develop engineer's estimate of
the project construction cost.
7) Prepare letter report summarizing findings, updated engineers' estimate, and
recommendations.
CUPERTIfiO PIEASAIlTON RED41'OOD CIiY SACRA~~dErITO SdIIIIAS SNa 105E IYAUlUT [KEEN
www. markthornas, cam
EXHIBIT '`D-1"
MARK THOMAS & (:OMPANY, INC.
CHARGE RATE SCHEDULE
EFFECTIVE APRIL 2, 2007
HOURLY CHARGE RATES
PROFESSIONAL AND OFFICE
Principal/Project Manager
Engineering Manager
Senior Project Manager
Project Manager
Senior Project Engineer
Project Engineer
Senior llesign Engineer
Design Engineer
Survey Manager
Land Surveyor
Project Surveyor
Engineering/Survey/CADD Technician
Inspector
Technical Writer
Design (Tech Assistants)
Administrative
EXHIBIT A
$ 275.00 per hour
236.00 per hour
192.00 per hour
172.00 per hour
155.00 per hour
142.00 per hour
130.00 per hour
105.00 per hour
175.00 per hour
150.00 per hour
130.00 per hour
100.00 per hour
102.00 per hour
85.00 per hour
84.00 per hour
70.00 per hour
ENVIRONMENTAL/PUBLIC RELATIONS SERVICES
Environmental Manager $ 165.00 per hour
PRlCommunications Manager 140.00 per hour
Environmental Planner 125.00 per hour
FIELD
2 Person Field. Party and Vehicle $ 270.00 per hour
3 Person Field Party and Vehicle 360.00 per hour
SPECIAL SERVICES
Expert Witness $ 350.00 per hour
Strategic Consulting (Principal) 350.00 per hour
OTHER DIRECT COSTS
Reimbursables (Printing and Materials, Mail and Delivery
Expenses, Film Expenses, Filing Fees, Parking and Field
Expenses) -Cost plus 5%
Mileage
-Per IRS Rate
Outside Consultant Fees -Cost plus 5%