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