08-113 HNTB Corp
AGREEMENT
~i CITY OF CLIPERTINO
y ~ 0300 Torre Avenue
Cupertino, I :A 950'14
~ 408-7'77-3200 NO. /lI~Z7s~ ~-~~
BY THIS AGREEMENT, made and entered into this ~~' day of September, 2008, by and between the CITY
OF CUPERTINO (hereinafter referred to as CITY) and IiNTB Corporation, 1735 Technology Drive, Suite
650, San Jose, CA 95110, Phone: 408-451-7300 (herE~inafter referred to 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:
Provide design consulting services for Stevens Creek Corridor Park, Project 9112, per the attached scope of
services-
EXHIBITS: The following attached exhibits hereby are made part of this Agreement:
EXHIBIT A -PROPOSAL
EXHIBIT B -FEE SCHEDULE
EXHIBIT C -INSURANCE REQUIREMENTS
TERMS: The services and/or materials furnished under this Agreement shall commence on September ~,
2008 and shall be completed before December 31 , 200!3
COMPENSATION: For the full pertormance of this Agreement, CITY shall pay CONTRACTOR
an amount not to exceed $35,000.00 and per the attached Exhibit A.
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 alt 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~~r shall file with City a Certificate of Insurance before commencing
any services under this Agreement. Said Certificate shall be subject t~ 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 undersigrnsd. 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: ~ ENTERED
NAME: Terry W. Greene, AIA DEPARTMENT": Public Works ~J
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:
Title - ~~% ~ Terry W. Greene, City Architect
Soc. Sec_ # or Tax I. D_ ~--
APPROVALS ,
EXPENDITURE DISTRIBUTION
T T / / D /~^ ~ 427_g112_y300 $35,000.00
•- - ~
HNTB Corporation
Exhibit A -Proposal
TASK 1, WEST BANK PI(~NIC MODIFICATIONS
SCOPE OF ;>ERVICES
Task 1: Redesign West Bank Picnic Area (Delta 1 for Phase 1B)
Hill Associates will provide modified sink, DG trail, trash enclosure, and catering
trellis layout locations to HNTB in CADD. These will be confirmed in the field
during one initial and one follow up field meeting- Additional meetings are not
included in this scope of work.
A new irrigation controller will be shown on the electrical drawings to be attached to
the trash enclosure, however, modifications to the Hill Associates Irrigation and
Planting plans for the West Bank Picnic Area are not part of this scope of work and
will be scoped separately.
Upon receipt of plan from Hill Associates, HNTB will redesign the water and sewer
lines to service the relocated park amenities provided by Hill Associates, and redesign
the SS pump station to two ejector pump sumps located near each of the two banks of
sinks.
HNTB will revise the index of sheets and utility sheets U-4, U-S, U-6 and U-10
according to the new park facility loca~~ions.
- AEC will:
- Revise Sheet E-I Project Notes as required.
- Revise Sheets E-4, 5, and 6 to suit the new layout of facilities (electrical sub-
panel, new irrigation controller, a-nd pump control panel located on back of trash
enclosure)
- Revise Sheet E-12 single line diagram to show new electrical panel.
- Sheet E-11 8c 14: Relocate pump controls and revise Entry Kiosk panel
schedule.
Deliverables:
- CD containing CADD and -pdfs of modified plan sheets as described above labeled
"Delta 1" for issuance to contractor by Construction Manager-
Schedule:
- Complete plan changes and provide CIS to City within 5 working days of receipt of
NTP and final CADD files from Hill Associates-
West Bank Redesign Scope 09-12-OS Page 1 of 1 Printed 10/15/2008
City of Cupertino
Stevens Creek Corridor Park
ATTACHII/IENT B
PRICE PROPOSAL FORM
CONTRACT PRICING PROPOSAL
NAME OF OFFERER
HNTB CORPORATION
DETAILED DESCRIPTION OF COST
ELEMENTS
1. DIRECT LABOR S eci ESTIMATED
HOURS
RATE/HOUR ESTIMATED
COST $
SENIOR TECHNICAL ADVISOR 1 6 $ 225.00 $ 3,600 -
PROJECT MANAGER 26 $ 175.00 $ 4,550
SENIOR CIVIL ENGINEER 16 $ 175.00 $ 2,800
PROJECT CIVIL ENGINEER 1 6 $ 165.00 $ 2,640
ASSISTANT CIVIL ENGINEER 2~4 $ 100.00 $ 2,400
FIELD DESIGN COORDINATOR 1 ~5 $ 90.00 $ 1 ,440
SENIOR MECHANICAL ENGINEER 13 $ 175.00 $ 2,800
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ _
$ -
$ _
TOTAL LABOR & OVERHEAD $ 20,230
TOTAL
DIRECT
LABOR AND
OVERHEAD
$
0,230
3. PROFIT 10`/° $ 2,023
4. SUBCONSULTANT COSTS (Attach
Itemization
$
12,400
5. SUBCONSULTANT MARK-UP (not
to exceed 2%
2`,%
$
248
6. OTHER DIRECT COSTS (Attach
Itemization
$
100
. TOTAL TOTAL
ESTIMATED
COST AND FEE
(rounded)
$
5,000
FORM 60 The proposed budget includes a comprehensive study of the project par the scope
included herein. If the CITY desires a lower budget, HNTB can adjust the scope and fee
upon discussion with the CITY.
HNTB
Exhibit B Fee West Bank 09-08.xlsAttachment B 10/15/2008
EXHIE3IT C
INSURANCE REQUIREMENTS
CONTRACTOR shall procure and maintain for the duration 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 re;;ults of that work by the Contractor, his/her
agents, representatives, employees or subcontractors. CONTRACTOR shall maintain at all times
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 minimum of one million dollars
($~ ,000,000.00) per accident for injury, death or disease to any employee, or statutory
limits. The policy shalt contain an endorsernent waiving all rights of subrogation against the
City, its officers, officials, employees or volunteers.
B. Professional Liability, General Liability and Automobile Liability Coverage:
~ . Automobile Liability Insurance shall include coverage for bodily injury and property
damage for owned (if any), hired and non-owned vehicles and shall not be less than
one million dollars ($~ ,000,000.00), combined single limit for any one occurrence.
2. Comprehensive or Commercial General Liability Insurance shall include coverage
for bodily injury, property damage and personal injury for premises operations,
product completed operations and contractual liability. The amount of the insurance
shall not be less than one million dollars ($~ ,000,000.00) per occurrence and two
million dollars ($2,000,000.00) aggregate, combined single limit. (Claims made
policies are not acceptable.) Consultant shall also provide aggregate limits
endorsement and primary insurance endorsement.
3. Professional Liability Insurance (including Contractual Liability) shall include
coverage for claims for professional acts, errors or omissions and shall not be less
than one million dollars ($~ ,000,000.00) per claim and one million dollars
($~ ,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 poli~;ies 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 1 O ~ ~ 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 shalt be endorsed to provide
primary insurance coverage for all claims related to the services provided under this
contract.
4. CONSULTANT shall furnish to the t~ITY within ~ 5 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 ~ O days notice for cancellation due to nonpayment).
5. All policies, endorsements, certific~ites, 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.M_ Best's rating of no less than A:VII,
unless otherwise acceptable to the City.
Verification of Coverage
CONTRACTOR shall furnish the City with original ~~ertificates 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 w~iive 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 specific:stions, at any time.
Waiver of Subrogation
CONTRACTOR hereby grants to City a waiver of 2~ny right 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.