07-071, HNTB Corp. Mary Ave Footbridge
CITY OF
II
AGREEMENT
/' . CITY OF CUPERTINO
~ I ). 10300 Torre Avenue 032609
/ / 7 \ '). .' /;' Cupertino, CA 95014
CUPERTINO \IJ'./ 7 . // 408-777-3200 NO.
BY THIS AGREE ':;ad'~'~~~d entered into this 31st day of May, 2007, by and between the CITY OF CUPERTINO
(Hereinafter referred to as CITY) and HNTB Corporation, Bob Stromsted. Address 5 Penn Plaza, 6th Floor, New
York, NY, 10001, Phone: (408)451-7300, e-mail: rstromsted@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 Value Engineering Assistance
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit "Au Scope of Work and
Fee Schedule
TERMS: The services and/or materials furnished under this Agreement shall commence retroactively on May 16,
2007 and shall be completed before October 31, 2007
COMPENSATION: For the full performance of this Agreement. CITY shall pay CONTRACTOR:
Not to exceed of $ 50,000.00 on a Time and Material Basis
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 CONDmONS
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 pertormance of this Agreement. City
shall not be liable for acts of Contractor in pertorming 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 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 flnanclalinterest 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:
Ja
U El~ILHED
NAME: Terry W. Greene, AlA
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.
CONTR~~: ... / .-
By ~ ~~
Title 1ite~' 1J:. e-n
Tax.I.D.# ' ..
CITY OF CUPERTINO:
By
Ter
. Greene. AlA, City Architect
EXPENDITURE DISTRIBUTION
$50,000.00
428-9449-9300
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HNTB Corporation
The HNTB Companies
EnQin(:ers f\rO"litects. Pianners
5 Penn Plaza
6th Floor
New York. NY 10001'1810
T!;:~lechone t21~~) !j9'~ ;';-:'1"/
EXHIBIT A
F:3C;,irnifE- (212.) 94'l'<~03G
'tV\NV'i. t'rntb.c om
June 7, 2007
City of Cupertino
Terry Greene, AlA, City Architect
HNTB
Re: lvlary Avenue Bicycle Footbridge
Proposals for Post Design Value Engineering
This letter presents our scope of services associated with performing value engineering
services during the post design and post bid period in preparation for a second bid package.
Professional Opinion Letter and Value Engineering
Scope of Services:
The following describes the various tasks which we propose to perform and are part of
the value engineering services:
Professional Opinion Letter: Review and evaluate the final contract plans to formulate
the design team's recommendations for cost savings and conceptual value engineering
schemes. These initial recommendations will be submitted in a formal letter to the City of
Cupertino no later than June 8, 2007.
Value engineering services: The VE team shall develop a value engineering strategy
consistent with the professional opinion letter above and best practices. This will require the
development of concept sketches, conceptual design calculations and an evaluation of
associated construction cost savings. The VE team shall compile a final value engineering
report with discussions of each redesign issue and associated cost savings. The objective is to
present an engineer's estimate of $9 million or less with expectations of bids within 7% of this
estimate. It is also the objective to complete construction of this alternate design within 13 to
15 months. For this gateway project, aesthetic objectives as presented in the original design
shall be respected to the extent practical with the ultimate goal of significant cost-savings.
The value engineering report shall be completed and submitted by June 26th, 2007,
with concept sketches made available on June 19th 2007. This report shall include a redesign
estimate and schedule impact evaluation.
Consultiltions: Conduct Design team and VE team meetings and discussion regarding
the value engineering alternatives. It is anticipated that one team meeting will be conducted
in Cupertino, CA with the City representatives and one team meeting led in New York via
conference call. The cost proposal includes reimbursement of travel and subsistence expenses
for the staff engaged in these activities.
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City of Cupertino
Terry Greene, AlA, City Architect
June 7, 2007
Page 2 of2
;.' ) ::
Person-hour estimates. We have attached charts summarizing the estimated resource
utilization, by specialty and employee class, to perform the above described services. The
design team members include:
Theodore P. Zoli, P.E. (HNTB - New York)
Semyon Treyger, P.E. (HNTB - Seattle)
Ray McCabe, P.E. (HNTB - New York)
Garry Tow, P.E. (HNTB - New York)
Greg Demond, A.LA. (HNTB - Kansas City)
Ed Ritchie, P.E. (HNTB - San Jose)
Steve Biggs, P.E. of Biggs Cardosa Associates, Inc.
Fee
For the above-described value engineering services, we request a fee estimate not to
exceed $50,000. The spreadsheets enclosed detail the estimated resource allotment, direct
salaries and expenses over a one-month period. The fee has been derived by the application
of an overhead burden on direct salaries of 153.6 percent and a net fee of 10 percent applied to
the sum of direct salaries and overhead. Taken together the total multiplier on direct salaries
equates to 2.79 to develop the rate schedule attached.
The total fee requested in this letter amounts to $50,000. The following summarizes
the fee estimate:
Labor..... ........ .................. ...... .......... ....... $46,040
Expenses....,.. ....... :....... ........ ........... ......... $3,960
Total....................................................... $50,000
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We trust the foregoing proposal is complete and satisfactory and that the information
on the attachments is presented in a clear manner. We will be pleased to meet and discuss the
details of this proposal further at your convenience.
Very truly yours,
I
HNrBC~RA;t-_
By: The dore P. Zoli, P.E.
Vi President
Enclosures
Copy to: Robert Strom.<;ted, P.E.
Raymond J. McCabe, P.E.
Eli Khoury, PE
F.NTE VE Fee
City of Cupertino
Page 1
Cupertino, California
Mary Avenue Bicycle Footbridge, Bridge No. 37-662
Staffing for HNTB Corporation
a) Review of Foundations 12 2 8 4 8 35
b) Review of Tower Pylons and Anchorages 12 2 8 4 8 8 43
c) Review of Superstructure 12 2 8 4 8 35
d) Review of Cable and Cable Anchorages 12 2 8 4 8 8 43
e) Architectural Review and Support 32 32
f) Construction Cost Estimate 8 2 40 51
g) Conslructiblllty Review 8 8 17
h) Professional Opinion Memorandum 4 4
I) Value Englneerlng Report 12 2 2 16 16 48
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. .~[e:- ,f#;'1l:~.=f.-& ~~~~, 2ft~l1. :.~~~.~~ ,~#f~' ~' ;:"$. ~~~~~'ff~~ ;}~~~;" :~~~~ ~j$.:~ ,~ ;~~f:_ ~&s: - :Jj~.~
BILLING TOTAL TOTAL
EMPLOYEE nTlE EMPLOYEE NAME RATE HOURS COST
Sr. Project Manager Zofi, Theodore P. $260 64 $16,640
McCabe,Ra~ondJ. $260 16 $4,160
Project Manager Tow. Garry $150 8 $1,200
Project Engineer Decorges, Guy $150 12 $1,800
Project Architect Demond, Greg $150 32 $4,800
Engineer III Woodward, Ryan M. $100 56 $5.600
Ritchie. Ed $100 40 $4,000
Engineer II lee, Robin J. $90 32 $2,880
Engineer I Steinhouse, Justin D. $70 16 $1,120
Senior Technician Santoro, Domenic $120 32 $3,840
308 $46.040
EXPENSES
Airfare, mileage and tolls (3 roundtrips NYC to San Jose, CA) $3.000
Other (including hotel and reproduction) $960
EXPENSE TOTAL $3,960
FEE ESTIMATE
Total labor $46,040
Direct Expenses
$3,960
$50,000
G'!'
Cupertino Fee Est imate _ xl s
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