08-009, HNTB Corp. Mary Ave FootbridgeAGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
408-777-3200
No. 03733
BY THIS AGREEMENT, made and entered into this Z.b~day of ~~.~ y2008, by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and HNTB Corporation, Johkt Litzinger, Address 1735 Technology
Drive, Su. 600, San Jose, CA 95110, Phone: (408)451-7300; a-mail: jlitzingerC~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. Entry Art Layout
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Scope of Services, attached
TERMS: The services and/or materials furnished under this Agreement shall commence on February 20, 2008
and shall be completed before April 30, 2009.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
Not to exceed of $ 30,000.00 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 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, 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 Ciry 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:
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:
~_- / . •y i ~ c8 --
By - ~ BY
Title G~i,~. Terry W. Greene, AIA, City Architect
Tax. I.D.#
noocnvei c
EXPENDITURE DISTRIBUTION
~ • • , M „_ _
~ G ~j~~ ' 2 D f ~ , O 110-8101-7004 $30,000.00
CITY RJC DATEa aG /O ~
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0
Far Mary Avenue Bicycle Footbritlge Job Na. Sheet Na. ~INTB
Matle by JWL Checked by DL Back<hecketl by
Date 2/14/2006 Date 2/14/2006 Date
MARY AVENUE BICYCLE FOOTBRIDGE, Bridge No. 17667
Cly of Cupertlrw, Csleomla
ENTRY ART LAYOUT SERVICES
Senior
Advisor
Protect
Manager
Dp. Project
Manager Engineer
III/Lantlscap
eArch
Engineer II
Engineer I
Senior
Technician
Admin Asst
Total
Hours
Cost
Expenses
Summary.HOUrsf Fea
Pro ecl Mana ement, MeeOngs and OC
HNTB San Jose -John Lilzin9er, P.E. - 27 hrs
rate 0 24
$77.00 0
$62.00 0
$42.00 0
$35.00 0
$30.00 0
$40.00 .4
$26.00 28
cost $0 $1,848 $0 $0 $0 $0 $0 $104 (5,146 596
Revise Civil Plans L, C, PD, O, and. EC Sheets
HNTB San Jose -Dave Loftus, P.E. - 271 hrs
rate
cost 0
$74.00
$0 0
$77.00
$0 16
$62.00
$992 0
$57.00
$0 0
$35.00
$0 40
$30.00
$1,200 0
$40.00
$0 0
$26.00
$0 56
56,116
f200
Revise Planting Plan HP Sheets) .hrs 0 0 0 8 0 0 12 2 22
HNTB Seallle -Barbara Simpson, ASLA - 0 rate
Dose $74.00
Eo $64.00
$o $62.00
$o $57.00
$ass $34.00
EO $26.00
so $40.00
$aeo $26.00
$sz
5z.7s7
Szoo
Revise Eledriral Plan E Sheets)
HNTB Seattle -Min Maung, P.E. - 0 hrs
rate 0
$74.00 0
$64.00 0
$62.00 8
$57.00 0
$34.00 0
$26.00 72
$40.00 2
$26.00 22
Constructbn Support Services cost
hrs $0
0 $0
30 $0
30 $456
0 $0
0 $0
0 $480
0 $52
6 52,737
fib 5200
HNTB San Jose -John Litzinger, P.E. - 27 rata $77.00 $62.00 $42.00 $35.D0 $30.00 $40.00 $26.00
cost $0 $2,310 $1,860 EO $0 $0 $0 $156 572,070 5760
hrs
- _
_ rate --~~ --~_
cost
hrs
rate
cost
hrs
rate
cost
hrs
rate
cost
hrs
rate
cnsl
hrs
rate
cost
hrs
rate
cost
hrs
rate
cost
hrs
rate
cast
hrs
rate
cost
total HNTB-Fse hrs _ _.0 54 IB 18 0 40 2A 14 184
twat f0 '- !4,188 f2,882 6812 f0 ,!1,200 f980 1384 r f2e;7M !856
Total Entry Art Layout Fee 530,000
NOTES.
1. Indudes meetings with the Ciry and Tom Aidala (Entry An Layout Architect) at Ciry Hall or project site.
HNTB Corporation
DESIGN SERVICES SCOPE / MANHOUR ESTIMATE
For The
MARY AVENUE BICYCLE FOOTBRIDGE
SCOPE OF SERVICES:
The following scope of services and man-hour estimate is provided for design services regarding:
1. Provide design of the Entry Art Layout on the project.
ENTRY ART LAYOUT
HNTB will commence preparation of the design of the Entry Art Layout (located at the south end
of the project near the Mary Ave/Meteor Ave Intersection) for the subject project. The project
will be designed to City standards and will be based on the concept design provided by Tom
Aidala (Architect). It is assumed that the alignment (horizontal and vertical) of the
bike/pedestrian path will remain unchanged. The Conformed Set (plans and technical
specifications) will be revised to incorporate the design of the Entry Art Layout and issued to the
City for construction as a Contract Change Order to the existing construction contract. It is not
anticipated that any review will be required by the SCVWD or Caltrans as the limits of the
improvements are outside their jurisdictions. HNTB will provide construction support services
for these improvements.
It is anticipated that the following drawings will be revised to incorporate the design of the Entry
Art Layout:
• L-1 (Layout Sheet)
• C-8 (Construction Details)
• PD-1 (Pavement Delineation and Sign Plan)
• Q-1 (Summary of Quantities)
• EC-1 (Erosion Control Plan)
• HP-1 (Planting Plan)
• HP-8 (Planting Details)
• HP-9 (Planting Totals)
• E-1 (Electrical Symbols and Abbreviations)
• E-2 (Electrical Plan)
SCHEDULE
The schedule for the project is anticipated to be as follows:
Tom Aidala to finalize Concept Plan - 3/14/08
Submit Entry Art Layout Revised Drawings for City Review - 3/28/08
Receive and respond to City Comments - 4/11/08
Submit Revised Drawings for Construction to City - 4/25/08
Construction Support Services -per overall construction schedule (estimated substantial
completion 12/08)
COMPENSATION
HNTB will be compensated on a time and materials basis (see the attached breakdown of hours
and tasks for additional information).
Cupettino-MaryAve-EntryArtLayout-Scopc080214-tm.doc Page 1 of 1 Printed 2/14/2008