Loading...
10-118 HNTB Corporation, John Litzinger, Mary Ave Bicycle Footbridge Closeout Project CITY OF AGREEMENT \ CITY OF CUPERTINO � „ 10300 Torre Avenue `�/ �� 2,✓ Cupertino, 95014 � 7/a4 4 ! 408- 777 -3-3 200 NO. "`T CUPERTINO • BY THIS AGREEMENT, made and entered into this 22th day of November, 2010, 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- 7:300; e-mail: jitzinger@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: Mary Ave. Bicycle Footbridge Closeout of Project EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit "A" TERMS: The services and /or materials furnished under this Agreement shall commence on November 22, 2010 • and shall be completed before February 28, 2011. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: ENIERED Not to exceed the Lump Sum $ 85,000.00 without written Approval from the City $75,000 for tasks outlined in the proposal and $10,000 for Additional Services as Authorized by the City 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. A. Claims for Professional Liability. Where the law establishes a standard of care for Consultant's professional services, and to the extent the Consultant breaches or fails to meet such established standard of care, or is alleged to have breached or failed to meet such standard of care, Consultant shall, to the fullest extent allowed by law, with respect to all services performed In connection with the Agreement, indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers from and against any and all liability, claims. actions, causes of action or demands whatsoever against any of them, including any injury to or death of any person or damage to properly or other liability of any nature, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant or Consultant's employees, officers, officials, agents or independent contractors. Such costs and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of Litigation. Consultant shall not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the sole or active negligence or willful misconduct of City, its agents or employees. B. Claims for Other Liability. Consultant shall, to the fullest extent allowed by law, with respect to all services performed in connection with the Agreement, indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers against any and all liability, claims, actions, causes of action or demands whatsoever from arid against any of them, including any injury to or death of any person or damage to property or other liability of any nature, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant or Consultant's employees, officers, officials, agents or independent contractors. Such costs and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation. Consultant shall not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the solo or active negligence or willful misconduct of City, its agents or employees. C. Clairns involving Intellectual property. In addition to the obligations set forth in (A) and (B) above, Consultant shall indemnify, defend, and hold the City, its elected and appointed officers, employees, and volunteers, harmless from and against any Claim in which a violation of intellectual property rights, including but not limited to copyright or patent rights, is alleged that arises out of, pertains lo, or relates to Consultant's negligence, recklessness or willful misconduct under this Agreement. Such costs and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation. Insurance. Should the City require evidence of insurability, Consultant shall file with :ily 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: Terry W. Greene, AIA, City Architect, Public Works Department, Phone: 408- 777 -3354 This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this Agreement the day and ear first written above. CONTRACTOR: CITY OF CUPERTINO: B .i • I__ . �'..J By • Title \,(ICE 016- Terry W. Greene, AIA, City Architect Tax. I.D.# APPROVALS EXPENDITURE DISTRIBUTION • • HEAD DATE/ ACCOl1NT NUMRER AMOUNT ' � Y Z -' � � v 428-9449-9300 $85,000.00 __ " I� t, DATE /. ¥ 123 / 4/10 7 HNTB Corporation DESIGN SERVICES SCOPE / MANHOUR ESTIMATE For The BIT MARY AVENUE BICYCLE FOOTBRIDGE SCOPE OF SERVICES: The following scope of services and man -hour estimate is provided for design services to close out the project regarding: 1. Provide Caltrans CADD- compliant As -Built drawing files on the project. 2. Finalize Caltrans ROW documents. 3. Additional Services as authorized by the City. . • PROJECT CLOSE -OUT 1. TASK 1 - CALTRANS CADD - COMPLIANT AS- BUILTS HNTB will commence preparation of the Caltrans CADD-compliant As -Built drawing files for the subject project. The project was design using ACAD and following HNTB CADD guidelines. To submit the As -Built (also referred to as Record Drawings) drawings to Caltrans, the CADD files will need to be converted into Microstation format and be in conformance with the Caltrans CADD Manual. It is anticipated that one review cycle with Caltrans will be required. It is also anticipated that conversion of the files will be for drawings that have work within the Caltrans ROW or drawings which are referenced from said sheets. The attached list includes the drawings that will be converted to Caltrans CADD - compliant files (106 total). These drawings are comprised of 20 reference /master files which will also be included in the submittal. Also noted on the attached list is the total nurnber of drawings (25 additional drawings). 2. TASK 2 — FINALIZE CALTRANS ROW DOCUMENTS HNTB will finalize the preparation of the Caltrans ROW documents for review and approval by Caltrans. It is anticipated that there will be one (1) review cycle by Caltrans to complete this task. See attached scope of work by Kier and Wright dated 11/11/2010 for additional detail in describing this task. 3. TASK 3 - ADDITIONAL SERVICES AS AUTHORIZED BY THE CITY HNTB will provide additional design services as authorized by the City. SCHEDULE The schedule for the project is anticipated to be as follows: Initial Submittal to Caltrans - NTP plus 8 weeks Receive and respond to Caltrans Continents — NTP plus 12 weeks • Final Submittal to Caltrans — NTP plus 16 weeks • Cupertino- MaryAve- ProjeclCloscOut- Scope- 101119 Page I of 2 Printed 11/22/2010 IINTB Corporation COMPENSATION • HNTB will be compensated on a lump sum basis for Tasks 1 -3. The attached breakdown of ; hours and tasks is approximate and assumed to be sufficient to establish the lump Siam amount. The average time per file is as follows: 2.0 hrs (preparation of initial submittal), 0.50 hrs (hard copy QC), 0.25 hrs (electronic copy QC), 0.25 hrs (review follow -up and final submittal). The 25 additional drawings to complete the conversion of the entire plan set are shown on a separate breakdown line. Cuperuno- MeryAve- ProiectC!oseout- Scope- 101119 Page 2 of 2 Printed 11/22/2010 For Mary Avenue Bicycle Footbridge Job flo. 46449 Sheet No. ne1NTB Made by JWL Checked by Backchecked by Dale 11/19(2010 Dale Date MARY AVENUE BICYCLE FOOTBRIDGE, Bridge No. 37862 City of Cupertino, California PROJECT CLOSE -OUT Senior Project Dp Engineer Senior Total Expenses 111 /Lanticcap Engineer II Engineer/ Technician Armin Asst Advisor Manager M.mager e Arch 1 Hours Cost Summary Hours / Fee Actual Cost x 2.79 = Total Cost Protect Management Meetings, and OC I hrs l 0' 121 0' 01 01 _ 01 0 6 20 HNTB San Jose John Litzinger, P . - 271 rate' 993.00 $62.00 942 00 935 00, $30.00' $40 00 cost 80. $1,116 $0 90'. $0 $0. $0 9240 $3,783 9100 er, P. . 01 0 _ 01 0 200!, 100 0 _410 HNTB San Jose - John Litzin957 _ Prepare Caltrans CADD -Compliant liant As-Bolds B E -271 - - rate 874. 0' $77.001 562.00' .00' 83500 $32.00' $45.00 $30.00 _ in for San AD -CO John Litz ger bm l/ P E 271 hrs $74.00 0 $64.00 $62.00 057 00 00, $9,056, $0 541,175 5728 cost 90 00. $16 $0 $5 670'. ■ Prepare Addition Dr cost 0 0 8! ' _ 532.00 001 0I 0 69 Drawings o Dan r ate) , $0 $456 90 834 00'. $45.00 $30._00 - -� 90 $0 '' ' $1,8001 $225 $0 96,922 9100 Finalize Caltrans ROW Documents hrs 0 16 0 cost 074.50. 1 0 0 $32 0 0 $45 01 0 20 HNTB San Jose - John Lltzinger, P. E. 271 $62 0 0 830.00 _ -- $1,024'. .$0 $57. 90 $34.90' $32.0 50 1 I ' $'' $120 53,192 919,000 Additional Services as authorized by the City - 1 hrs, I _ - rate - cost 910,000 90 5151 1 _ �. 1 rate cost I rate _. cost.. I hrs I. _ ■ _ - rate I cost I hrs. 1 i 'i. J I rate cost 815 l 1 :. _._. _ rate_ _ .. _ cost 1 hrs 1 1- _ 1 , . rate cost hrs 1 -_ -... _- -_ . _.. rate . cost hrs; '' _ ' rate -- cost hrsj 1 rate cost hr9'. rate cost Total HNTB Fee hrs 0 28 0 8 0 340 131 12 519 cost 90 82,140 916 9456 80 510,872 95,695 9360 565,072 919,928 Total Project Close -Out 985,000 NOTES 1 . Assumes NTP for additional drawings provided before other work is completed for the initial submittal s KIER WRIGHT November 10, 2010 Civil Engineers Fr Surveyors, Inc, Rev. 1 November 11, 2010 HNTB Corporation John Litzinger 1735 Technology Drive Suite 650 San Jose, CA 95110 RE: Mary Avenue Bicycle Path & Pedestrian Bridge Dear John, As you requested, we are pleased to ?rovide you this proposal to provide Professional Surveying Services on the reference site s listed below. 1. Revise Right -of -Way Hard Copy Map: $4,234 The existing map will be revise1 and adjusted to reflect the new retaining wall data. We will work with the California Department of Transportation to satisfy any additional needs and any information they may request. 2. Right -of -Way Map: $7,006 Once the Right -of -Way I-Iard Copy Map has been finalized and accepted by Caltrans, we will trove forward on the drafting and calculations necessary to submit the Right -of -Way Map. This map will be a new drawing, constructed from the previously submitted and approved Hard Copy Map. 3. Appraisal Map: $6,724 While waiting to address any comments that Caltrans may have on the Right -of -Way Map, we can begin the calculations and drafting necessary to satisfied the Appraisal Map requirements. We will try to submit this map to Caltrans for their review concurrently with the Right -of -Way Map. Once we have addressed any comments or concerns they may have, this map will also be finalized. -i. Printing & Shipping Expenses $1,036 _ Total: $19,000 Exclusions This proposal does not include encroachment permits, additional field survey work, any surveying within the traveled way of the freeway, lane closure operations, shoulder closures, Highway Patrol Escorts, rights of entry permits, USA premarking, potholing, the setting of properly corners or right of way monuments or a Record of Survey if required, Temporary Construction Easements, title reports or related title services. t,? F \PROPOSALS \I INTB Corp \n101110 Mary .Avenue Bicycle Path & Ped Bridge doc 3350 Scott Boulevard, Building 22 • Santa Clara, California 95054 • (408) 727 -6665 • FAX (408) 727 -5641 John Litzinger HNTB Corporation November 10, 2010 Page 2 of 4 Once again, we appreciate the opportunity to provide you this proposal. If you should have any questions, please do no hesitate to contact us. If this proposal meets with your approval, please sign below and return via email or facsimile. Sincerely, KIER & WRIGHT Jimmy 1W., (trig Jimmy R. Vigil, L.S, Associate John Litzinger IINTB Corporation November 10, 2010 Page 3 of 4 RESPONSIBLE PARTY INFORMATION Naive Company Name Phone Fax E -mail Address Signature The above entity will be responsible for payment for all services, in any event, rendered including, but not limited to, Escrow not closing or costs incurred to date if notified by your firm to stop work. If funds for payment are to be made from an Escrow account, your firm is responsible for making arrangements with your Title Company. John I,itzingcr HNTB Corporation November 10, 2010 Page 4 of 4 Hourly Rates for Each Item Item 1: Senior Draftsman- 30 hours @ $ 94. 00 $ 2,820 Office Surveyor- 6 hours @ $135.00 $ 810 Senior Surveyor- 4 hours @ $151.00 $ 604 Total $ 4,234 Item 2: Senior Draftsman - 48 hours @ $ 94.00 $ 4,512 Office Surveyor - 14 hours @ $135.00 $ 1,890 Senior Surveyor - 4 hour @ $151.00 $ 604 Total $ 7,006 Item 3: Senior Draftsman- z.5 hours n $ 94.00 $ 4,230 Office Surveyor - 14 hours iii; $135.00 $ 1,890 Senior Surveyor - 4 hours 'a; $151.00 $ 604 Total $ 6,724 Item 4: Printing & Shipping Expenses $ 1,036 Total $19,000