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08-119 HNTBAGREEMENT CITY OF CUPERTINO 10300 TorrE: Avenue 0 3 2 7 9 8 Cupertino, C:A 95014 408-777-3200 NO. BY THIS AGREEMENT, made and entered into this~~Zlay of Q 2008, by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and HNTB G:orporation, John Litzinger, Address 1735 Technology Drive, Su. 600, San Jose, CA 95110, Phone: (408)451-7300; a-mail: jlitzinger@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: Stevens Creek Corridor Park: Electrical Facilities Upgrades 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 November 7, 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 $ 11,600.00 on a Time and Material bass:: 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 Agreemeht. 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 Ci~:y's Director of Administrative Services. Non-Discrimination. No discrimination shall be made in fhe employment ofpersons under this Agreement because of the race, color, national origin, ancestry, religion or sax 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 executin~3 this agreement. Contractor certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of Clty. 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 b~/ CITY, in witness thereof, the parties have executed this Agreement the day and year first written above. CONTRACTOFZ:'NNTB ~~/~ CITY OF CUPERTINO: By ~l ,/ By ~~~ Title /• /~• Terry~/V. Greene, AIA, City Architect Tax. I.D.# ~- I~NTB Corporation TASK 3, Electrical Facilities Upgrades SCOPE OF-SCERVICES Backeround: Per the field visit that took-place on September 9, 2008, HNTB and AF,C have been requested to redesign the' electrical main services for the Stevens Creek Corridor Park project. This redesign will include relocating -the electrical main service out of the Snack Shack kitchen area to a new location possibly in the utility area behind the Snack Shack. The new service will also be upgraded in capacity Co ensure it can serve all future electrical loads. Providing a new service will require preparing a new plan detailing the utility area behind the Snack Shack. This plan will show the location of the new PGBcE padmount transfornier and new main electrical service panel. The work v/ill also require coordination with PG&cE to ensure the installation meets their approval. "The loads from the existing main service panel will have to be refed from the new service panel location. This work will require revisions of the following electrical plan sheets: Sheet E-1: Revise project notes as required. Sheet E-3 8c E-5: Revise these plans to suit the new layout of facilities. Sheet E-12: Revise the single line diagram an~9 load study for the new service. Sheet E-14: Revise panel schedules as required. Sheet E-17: Prepare new plan to detail new main service layout in utility area behind the Snack Shack. Deliverables: - CD containing CADD and .pdfs of modified plan sheets as described above labeled "Task 3" for issuance to contractor by Construction Manager. Schedule: _ - Complete redesign of relocating the electrical main service and provide CD to City within 1 O working days of receipt of NTP. EIcctricnl P'acilitics Upgrades Scope 09-22-OS Page 1 of 1 Printed 9/26/2008 City of Cupertino Stevens Creek Corridor Park ATTACHR7ENT 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 2 $ 225.00 $ 450 PROJECT MANAGER 8 $ 175.00 $ 1,400 FIELD DESIGN COORDINATOR 8 $ 90.00 $ 720 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - TOTAL LABOR & OVERHEAD $ 2,570 TOTAL DIRECT LABOR AND OVERHEAD $ ,570 3. PROFIT 10`% $ 257 4. SUBCONSULTANT COSTS (Attach Itemization $ 8,500 5. SUBCONSULTANT MARK-UP (not to exceed 2% 2`Yo $ 170 6. OTHER DIRECT COSTS (Attach Itemization) $ 100 . TOTAL TOTAL ESTIMATED COST AND FEE (rounded) $ 1,600 . FORM 6~ _ The proposed budget includes a comprehensive study of the project per the scope Included herein. If the CITY desires a lower budget, HNTB can adjust the scope and fee upon discussion ~n~ith the CITY. ~-1 NTB Electrical Facllitles Upgrades Estimate 09-22-08.xlsAttach ment B ~ 9/26/2008 City of Cupertino Gtnvuric l~rnalr f'~rri rl r~r Park ATTACHMENT B-1 PRICE PROPOSAL FORM DETAIL DESCRIPTION OF COST Task #3 TOTAL ALL ELEMENTS Electrical Facilities U rade TASKS 1. LABOR & OVERHEAD RATE RANGE/HOUR ES?.' RATE ESTIMATED HOURS ESTIMATED COST $ ESTIMATED HOURS ESTIMATED COST $ SENIOR TECHNICAL ADVISOR $200-$250 $ 225.00 2 $ 450 2 $450 PROJECT MANAGER $170-$180 $ 175.00 8 $ 1,400 8 $1,400 SENIOR CIVIL ENGINEER $ 175.00 $ - O $O PROJECT CIVIL ENGINEER $ 165.00 $ - O $O ASSISTANT CIVIL ENGINEER $ 100.00 $ - O $O FIELD DESIGN COORDINATOR $80 - $100 $ 90.00 8 $ 720 8 $720 SENIOR MECHANICAL ENGINEER $ 175.00 $ - O $O SENIOR ELECTRICAL ENGR $ 143.00 O $O PROJECT ELECTRICAL ENGR $ 103.00 O $O ASST ELECTRICAL ENGR $ 78.00 O $O SENIOR LANDSCAPE ARCH $ 143.00 O $O PROJECT LANDSCAPE ARCH ~ $ 103.00 O $O RESIDENT ENGINEER $ 165.00 O $O OFFICE ENGINEER $ 135.00 O $O SR. CONSTRUCTION INSPECTOR $ 90.00 O $O ADMINISTRATIVE ASSISTANT $ 75.00 O $O OA/OC MANAGER $140-$160 $ 150.00 O $O ESTIMATOR $170-$180 $ 175.00 O ~ $O TOTAL LABOR & OVERHEAD 18 $ 2,570 18 $2,570 2. PROFIT l0% $ 257 $257 3. SUBCONSULTANT COSTS (Attach Itemization). AEC Electrical Engineers - 88 $ 8,500 88 $8,50 TOTAL SUBCONSULTANT COSTS $ 8,500 4. SUBCONSULTANT MARK-UP (not to exceed 2%) 2% $ 170 $ 170 5. OTHER DIRECT COSTS $ 100 $ 100 TOT L E I ED O FE (Rounded) $ 11,600 JUAIASK {VLBIS: y 11,0/ y -I I,bUV ^~ OFFICE OF THE CITY CLEIRK CITY HALL 10300 TORRE AVENUE ~ CUPERTINO, CA 950'14-3255 TELEPHONE: (408) 777-32:?3 ~ FAX: (408) 777-3366 CUPERTINO November 20, 2008 TINTB Corporation C/O John Litzinger 1735 Technology Drive, Suite 600 San Jose, CA 95110 To Whom It May Concern: Enclosed for your records are three copies of fully exe~~uted agreements with the City of Cupertino. If you have any questions or need additional information, please contact the Public Works department at (408) 777-3354. Sincerely, CITY CLERK'S OFFICE Enclosure