15-126 Biggs Cardosa Associates, Inc for estimating funding for Bridge maintenance repairsCITY OF CUPERTINO
Master Agreement Consultant Services
SERVICE ORDER
EXHIBIT "B" ·~(l . <
0\ ,,_<-\ /l
MASTER AGREEMENT PO#: 2016-00000205 Service Order No.: 2
Maximum Compensation: $ 5,000.00 Account No.: 100-88-844-700-702
Term: NTP: September 16, 2015 END DATE: March 30, 2016
Approval by: City Manager
City Council
D
D
PW Director
Item Number:
Consultant: Firm Name: Biggs Cardosa Associates, me.
Address: 865 The Alameda, San Jose, CA 95126-3133
~Date:
Date:
Contact: John Alciati Phone: (408)296-5515 x 1168
PROJECT DESCRIPTION
Project Name: Estimating Funding Costs for Bridge Maintenance Repairs
cgj. Description: Develop a BPMP funding request that includes a cover letter and BPMP
Excel file including total funding costs that will be submitted to Caltrans so the funding
can be programmed into the FTIP for FY 15/16. The BPMP Excel file will include
funding costs for Bridge Nos. 37C0011, 37C0012, 37C0017, 37C0220, 37C0290, and
37C0431. Prepare a prioritization of the City's bridges to be included in the City's files
for any future audits that may be performed by Caltrans. Prepare Request for
Authorization (RF A) documents for submittal to Caltrans to request the E-76
authorization to proceed with Preliminary Engineering.
D Attachment A:
CITY PROJECT MANAGEMENT
Managing Department: Public Works Project Manager: Erwin Ching
FISCAL/BUDGET
Master Agreement Maximum Compensation: Amount: $3,500.00
Master Agreement Amendment:
Previously Encumbered on MA:
Account No. 100-88-844-700-702 I SO#l
Total Encumbered to Date
Current unencumbered amount in Master Agreement:
$1,500.00
$3,500.00
$3,500.00
$1,500.00
ENCUMBER: Account No. 100-88-844-700-702, Bridge Maint. Repairs, SO#: 2 $1,500.00
Total Encumbered to date:
'
$5,000.00
$ 0.00 Master Agreement Balance:
Contract Manager:,,..... --+------+-----Date: q .. 17 ,.If
City of Cupertino
Biggs Cardosa Associates, Inc.
Service Order# 2
Page 1of3
FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF
CUPERTINO AND BIGGS CARDOSA ASSOCIATES, INC. FOR CONSULTANT
SERVICES FOR ESTIMATING FUNDING COSTS FOR BRIDGE MAINTENANCE
REPAIRS
This First Amendment to the Agreement between the City of Cupertino and Biggs
Cardosa, Incorporated, for reference dated S,;r. \Cf, , 2015, is by and between the CITY OF
CUPERTINO, a municipal corporation hereinafter "City") and BIGGS CARDOSA
ASSOCIATES, INC., a California Corporation ("Consultant") whose address is 865 The
Alameda, San Jose, CA 95126-3133 (hereinafter refen-ed to as "Consultant"), and is made with
reference to the following:
RECITALS:
A. On July 30, 2015, an agreement was entered into by and between City and
Consultant (hereinafter "Agreement") for estimating funding costs for bridge
maintenance repairs.
B. City and Consultant desire to modify the Agreement on the tem1s and conditions
set forth herein.
Develop a BPMP funding request that includes a cover letter and BPMP Excel file
including total funding costs that will be submitted to Caltrnns so the funding can be
prograrmned into the FTIP for FY 15/16. Prepare a prioritization of the City's bridges to be
included in the City's files for any future audits that may be perfonned by Caltrans. Prepare
Request for Authorization (RFA) documents for submittal to Caltrans to request the E-76
authorization to proceed with Preliminary Engineering.
NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as
follows:
1. Paragraph 4 of the Agreement is modified to read as follows:
The maximum compensation to be paid to Consultant under this Agreement shall not
exceed five thousand dollars ($5,000.00), consisting of three thousand five hundred dollars
($3,500.00) under the original agreement, and one thousand five hundred dollars ($1,500.00)
under the amendment to the Agreement. The rate of payment is set out in Exhibit A, titled
"Design Fee'', which is attached hereto and incorporated herein. No payment shall be made
under this agreement unless authorized by a fully executed Service Order, Exhibit B. The sum of
all Service Orders authorized shall not exceed the maximum compensation for this Agreement as
defined above.
2. Except as expressly modified herein, all other terms and covenants set forth in the
Agreement shall remain the same and shall be in full force and effect.
(Signatures on the next page)
IN WITNESS WHEREOF, the parties hereto have caused this modification of
Agreement to be executed.
CONSULTANT
Biggs Cardosa Associates, Inc.
By4k4rt
Stephen Biggs, President
Date CJkD5
Tax I.D. No.: 77-0099204
Address: 865 The Alameda
San Jose, CA 95126-3133
CITY OF CUPERTINO
A Municipal Corporation
Date 1kyf ::j I .
RECOMMENDED FOR APPROVAL:
By~~ Da: lStiii111all, i?etgfileer
ATTEST:
~~ ~r Grace Schmidt,tYCiefk
Total Amount: $5,000.00
Amendment Amount: $1,500.00
Account No.: BY SERVICE ORDERS
::tA
865 Tr·ie Al21r-c1r:01da
San "Jt"1St~, C~A S1t?1f.~6A··3·133
Tek~phor·H'.1 40E:3~2f38-L~:E.2 'l f:'.:'i
Facs1rr'li1e 408~-2SH3,..,8 4 ~ -t;+
City of Cupertino
10300 Torre Ave
Cupertino, CA 95014
Attention: Mr. Erwin Ching
EXHIBIT "A"
September 15, 2015
Subject: BPMP Federal Funding Request for City Bridge Maintenance Repairs
Dear Envin:
Biggs Cardosa Associates, Inc. is pleased to submit the following proposal to provide structural
engineering services on the subject project. Based on previous discussions and email
correspondence, it is our understanding that the scope of services includes the following:
SCOPE OF SERVICES
l. Develop a BPMP funding request that includes a cover letter and BPMP Excel file
including total funding costs that will be submitted to Caltrans by 09/30/15 so the funding
can be programmed into the FTlP for FY l 5/l 6. The BPMP Excel file will include
funding costs for Bridge Nos. 37C0011, 37COOI2, 37COO 17, 37C0220, 37C0290, and
37C0431.
2. Prepare a prioritization of the City's bridges to be included in the City's files-for any future
audits that may be performed by Caltrans.
3. Prepare Request for Authorization (RFA) documents for submittal to Caltrans to request
the E-76 authorization to proceed with Preliminary Engineering. These RF A documents
will be prepared after the federal funds have been programmed into the FTTP. It is
anticipated that the federal funds will be programmed in the FTIP by the end of November
2015.
ASSUMPTIONS
The following assumptions were made in generating this design proposal:
A. Site visits to field verify all bridge maintenance items will not be needed. We will
develop the federal funding costs and request based on reviewing the Caltrans
bridge inspection reports for bridge maintenance items eligible for federal
reimbursement.
SCHEDULE OF PERFORMANCE
This scope of services will be completed by December 3 l, 2015.
DESIGN FEE
We propose to provide the design scope of services outlined in this proposal on a fixed fee basis
not to exceed $1,500 including expenses, without prior authorization.
We thank you for the opportunity to submit this proposal, and look forward to working with you
on this project. If you have any questions or require clarification, please do not hesitate to give me
a call.
BIGGS CARDOSA
ASSOCIATES, INC.
ffe4~-... ?6?~
John Alciati, PE
Senior Engineer
------------B:A-'f---------------------
::JA
CITY OF CUPERTINO
EXHIBIT "B"
Master Agreement Consultant Services
SERVICE ORDER
MASTER AGREEMENT PO#: 2016-00000205 Service Order No.: 2
Maximum Compensation: $ 5,000.00 Account No.: 100-88-844-700-702
Term: NTP: September 16, 2015 END DATE: March 30, 2016
Approval by: City Manager
City Council
D
D
PW Director
Item Number:
Consultant: Firm Name: Biggs Cardosa Associates, Inc.
Address: 865 The Alameda, San Jose, CA 95126-3133
~Date:
Date:
Contact: John Alciati Phone: (408)296-5515 x 1168
PROJECT DESCRIPTION
Project Name: Estimating Funding Costs for Bridge Maintenance Repairs
IZ] Description: Develop a BPMP funding request that includes a cover letter and BPMP
Excel file including total funding costs that will be submitted to Caltrans so the funding
can be programmed into the FTIP for FY 15/16. The BPMP Excel file will include
funding costs for Bridge Nos. 37C001 l, 37C0012, 37C0017, 37C0220, 37C0290, and
37C0431. Prepare a prioritization of the City's bridges to be included in the City's files
for any future audits that may be performed by Caltrans. Prepare Request for
Authorization (RF A) documents for submittal to Caltrans to request the E-76
authorization to proceed with Preliminary Engineering.
D Attachment A:
CITY PROJECT MANAGEMENT
Managing Department: Public Works Project Manager: Erwin Ching
FISCAL/BUDGET
Master Agreement Maximum Compensation: Amount: $3,500.00
Master Agreement Amendment:
Previously Encumbered on MA:
Account No. 100-88-844-700-702 , SO#l
Total Encumbered to Date
Current unencumbered amount in Master Agreement:
$1,500.00
$3,500.00
$3,500.00
$1,500.00
ENCUMBER: Account No. 100-88-844-700-702, Bridge Maint. Repairs, SO#: 2 $1,500.00
Total Encumbered to date:
\
Master Agreement Balance:
$5,000.00
$ 0.00
Contract Manager:____,,,__,_ _____ ~ ____ Date: Cf -17,. tr
City of Cupertino
Biggs Cardosa Associates, Inc.
Service Order # 2
Page 1of3
CITY OF CUPERTINO
Master Agreement Consultant Services
SERVICE ORDER
APPROVALS ~
Consillrant: ,_:/_~
-----------------------------------------------
City of Cupertino
Biggs Cardosa Associates, Inc.
Service Order # 2
Page2 of 3
CITY OF CUPERTINO
Master Agreement Consultant Services
SERVICE ORDER
Appropriation Certification: I hereby certify that an unexpended appropriation is available
in the above fund for the above contract as estimated and that funds are available as of this
date of signature.
City Finance: __________________ Date: _____ _
Agreement P.O. No.: 2016-00000205
Service Order Account No. for Encumbrance: 100-88-844-700-702
Service Order Encumbrance Amount: $ 1,500.00
City of Cupertino
Biggs Cardosa Associates, Inc.
Service Order # 2
Page 3 of 3
CITY OF CUPERTINO
Master Agreement Consultant Services
SERVICE ORDER
MASTER AGREEMENT PO#: 2016-00000205 Service Order No.: 1
Maximum Compensation: $ 3,500.00 Account No.: 100-88-844-700-702
Term: NTP: August 11, 2015 END DATE: September 20, 2015
Approval by: City Manager
City Council
D
D
PW Director
Item Number:
Consultant: Firm Name: Biggs Cardosa Associates, Inc.
Address: 865 The Alameda, San Jose, CA 95126-3133
IZJ Date:
Date:
Contact: John Alciati Phone: (408)296-5515 x 1168
PROJECT DESCRIPTION
Project Name: Estimating Funding Costs for Bridge Maintenance Repairs
IZI Description: Review of the as-built plans and Caltrans inspection reports of the
bridges which are eligible for the Bridge Preventive Maintenance Program (BPMP) and
determine the scope of repairs required for the bridges. Develop preliminary
construction cost estimates for each bridge to incorporate the eligible items for federal
reimbursement. Develop estimated federal funding costs to include preliminary
engineering to develop PS&E documents including environmental services, construction
costs, and construction engineering costs that include construction services and
inspections.
D Attachment A:
CITY PROJECT MANAGEMENT
Managing Department: Public Works Project Manager: Erwin Ching
FISCAL/BUDGET
Master Agreement Maximum Compensation: Amount: $3,500.00
Previously Encumbered on MA:
Total Encumbered to Date
Current unencumbered amount in Master Agreement:
$ 0.00
$ 0.00
$3,500.00
ENCUMBER: Account No. 100-88-844-700-702, Bridge Maint. Repairs, SO#: 1 $3,500.00
$3,500.00
$ 0.00, Jjtal Encumbered to date: L . aster Agreement Balance:
C t t M / Date·. g -I{ -tr,,.. on rac anager:...,. _ _,~------~~---">
City of Cupertino
Biggs Cardosa Associates, Inc.
v
Service Order # 1
Page 1of3
APPROVALS
City of Cupertino
Biggs Cardosa Associates, Inc.
CITY OF CUPERTINO
Master Agreement Consultant Services
SERVICE ORDER
Service Order It 1
Page 2.of3
CITY OF CUPERTINO
Master Agreement Consultant Services
SERVICE ORDER
Appropriation Certification: I hereby certify that an unexpended appropriation is available
in the above fund for the above contract as estimated and that funds are available as of this
date of signature.
Agreement P.O. No.: 2016-00000205
Service Order Account No. for Encumbrance: 100-88-844-700-702
Service Order Encumbrance Amount:$ 3,500.00
City of Cupertino
Biggs Cardosa Associates, Inc.
Service Order # 1
Page 3 of 3
L v
AGREEMENT BETWEEN THE CITY OF CUPERTINO AND BIGGS
CARDOSA ASSOCIATES,INC. FOR CONSULTANT SERVICES FOR
ESTIMATING FUNDING COSTS FOR BRIDGE MAINTENANCE REPAIRS
THIS AGREEMENT, for reference dated 2015, is by and
between CITY OF CUPERTINO, a municipal,corporation (hereinafter referred to:
as "City.), and Biggs Cardosa Associates,.Inc., a California Corporation, whose
address is 865 The Alameda, San Jose, CA 95126-3133_(hereinafter referred to as'
Consultant"), and is made with reference to the following:
RECITALS:
A. City is a municipal corporation duly organized and validly existing
under the laws of the State of California with the power to carry on its business
as it is now being conducted under the Constitution and the statutes of the State
of California and the Cupertino Municipal Code.
B.Consultant is specially trained, experienced and competent to
perform the special services which will be required by,this Agreement; and
C. Consultant possesses the skill, experience, ability,background,
certification and knowledge to provide the services described in this Agreement
on the terms-and conditions described herein.
D. City and Consultant desire to enter into an agreement for
upon the terms and conditions herein.
Review of the as-built plans and Caltrans inspection reports of the bridges
which are eligible for the Bridge Preventive Maintenance Program (BPMP) and
determine the scope of repairs required for the bridges. Develop preliminary
construction cost estimates for each bridge to incorporate the eligible items for
federal reimbursement. Develop estimated federal funding costs to include
preliminary engineering to develop PS&E documents including environmental
services, construction costs, and construction engineering costs that include
construction services and inspections.
NOW, THEREFORE, it is mutually agreed by and between the
undersigned parties as follows:
Page 1 of 12
Consultant Agreement
ZIAA
1. TERM:
The term of this Agreement shall commence on the date this agreement is
executed and shall terminate on June 30, 2016,unless terminated earlier as set
forth herein.
2. . SERVICES TO BE PERFORMED:
Consultant shall perform each and every service set forth in Exhibit"A
titled-"Scope'of Services" which is attached hereto and incorporated herein by
this reference.
3. SCHEDULE OF PERFOMRANCE:
The Services of Consultant are to be completed according to the schedule
set out in Exhibit "A", titled "Schedule of Performance ", which is attached
hereto and incorporated herein by, this reference.
4. COMPENSATION TO CONSULTANT:
The maximum compensation to be paid to Consultant under this
agreement shall not exceed Three Thousand Five Hundred Dollars ($3,500.00).
The rate of payment is set out in Exhibit "A", titled "Design Fee", which is
attached hereto and incorporated herein.
Consultant shall furnish to City a detailed statement of the work performed for
compensation during the term of this Agreement. Consultant may submit
monthly invoices for interim progress payments during the course of each phase,
clearly stating as a minimum the total Contract amount, amount paid to date,
percent complete and amount due.
5. TIME IS OF THE ESSENCE:
Consultant and City agree that time is of the essence regarding the
performance of this Agreement.
6.STANDARD OF CARE:
Consultant agrees to perform all services hereunder in a manner
commensurate with the prevailing standards of like professionals in the San
Francisco Bay Area and agrees that all services shall be performed by qualified
and experienced personnel who are not employed by the City nor have any
contractual relationship with City..
7. INDEPENDENT PARTIES:
City and Consultant intend that the relationship between them created by,
this Agreement is that of employer-independent contractor. The manner and
Page 2 of 12
Consultant Agreement
AA
means of conducting the work are under the control of Consultant, except to the
extent they are limited by statute, rule or regulation and the express terms of this
Agreement. No civil service status or other right of employment will be acquired
by virtue of Consultant's services. None of the benefits provided by City to its
employees, including but not limited to, unemployment insurance, workers'
compensation plans,vacation and sick leave.are,available from.City to
Consultant, its employees or agents: Deduction's shall not be made for any state .
or federal taxes, FICA payments, PERS payments, or other purposes normally
associated with an employer-employee relationship from any fees due
Consultant. Payments of the above items, if required, are the responsibility of
Consultant.
8. IMMIGRATION REFORM AND CONTROL ACT (IBCA):
Consultant assumes any and all responsibility for verifying the identity
and employment authorization of all of his/her employees performing work
hereunder, pursuant to all applicable IRCA or other federal, or state rules and
regulations. Consultant shall indemnify and hold City harmless from and
against any loss, damage, liability, costs or expenses arising from any
noncompliance of this provision by Consultant.
9. NON-DISCRIMINATION:
Consistent with City's policy that harassment and discrimination are
unacceptable employer/employee conduct, Consultant agrees that harassment or
discrimination directed toward a job applicant, a City employee, or a citizen by
Consultant or Consultant's employee or subcontractor on the basis of race,
religious creed, color, national origin, ancestry,handicap, disability, marital.
status, pregnancy, sex, age, or sexual orientation will not be tolerated.
Consultant agrees that any and all violations of this provision shall constitute a
material breach of this Agreement.
10. PROJECT COORDINATION
CITY: Director of Public Works shall be representative of City for all
purposes under this Agreement. Erwin Ching, Associate Civil Engineer, is
hereby designated as the Director of Public Works' designee and Project
Manager, and shall supervise the progress and execution of this Agreement.
CONSULTANT: Consultant shall assign a single Consultant Project
Manager to have overall responsibility for the progress and execution of this
Agreement for Consultant. Should circumstances or conditions subsequent to
the execution of the Agreement require a substitute Consultant Project Manager
for any reason, the Consultant Project Manager designee shall be subject to the
Page 3 of 12
Consultant Agreement
SAA
prior written acceptance and approval of the City Project Manager. The
designated Consultant Project Manager shall be John Alciati, Senior Engineer.
11. HOLD HARMLESS:
Indemnification:
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 property or other liability of any nature, whether
physical, emotional, consequential or otherwise, arising out, pertaining to, or
related to the performance of this Agreement by 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.
12. INSURANCE:
On or before the commencement of the term of this Agreement,
Consultant shall furnish City with certificates showing the type, amount, class of
operations covered, effective dates and dates of expiration of insurance coverage
in compliance with paragraphs 12A, B, C, D and E. Such certificates, which do
not limit Consultant's indemnification, shall also contain substantially the
following statement: "Should any of the above insurance covered by this
certificate be canceled or coverage reduced before the expiration date thereof, the
insurer affording coverage shall provide thirty (30) days' advance written notice
to the City of Cupertino by certified mail, Attention: City Manager." It is agreed
that Consultant shall maintain in force at all times during the performance of this
Agreement all appropriate coverage of insurance required by this Agreement
with an insurance company, that is acceptable to City and licensed to do
insurance business in the State of California. Endorsements naming the City as
additional insured shall be submitted with the insurance certificates.
A. COVERAGE:
Consultant shall maintain the following insurance coverage:
1) Workers' Compensation:
Statutory coverage as required by the State of California.
2) Liabili :
Commercial general liability coverage in the following
minimum limits:
Page 4 of 12
Consultant Agreement
SAAr
Bodily Injury: 500,000
each occurrence
1,000,000
aggregate - all other
Property Damage: $100,000 each occurrence
250,000 aggregate
If submitted, combined single limit policy with aggregate'
limits in the amounts of$1,000,000 will be considered
equivalent to the required minimum limits shown above.,
3) Automotive:
Comprehensive.automotive liability coverage in the
following minimum limits:
Bodily Injury: 500,000 each occurrence
Property Damage: $100,000 each occurrence
or
Combined Single Limit: $500,000 each occurrence
B. SUBROGATION WAIVER:
Consultant agrees that in the event of loss due to any of the perils for
which he/she has agreed to provide comprehensive general and automotive
liability insurance, Consultant shall look solely to his/her insurance for recovery.
Consultant hereby grants to City, on behalf of any insurer providing
comprehensive general and automotive liability insurance to either Consultant or
City with respect to the services of Consultant herein, a waiver of any right to
subrogation which any such insurer of said Consultant may acquire against City
by virtue of the payment of any loss under such insurance.
C. FAILURE TO SECURE:
If Consultant at any time during the term hereof should fail to secure or
maintain the foregoing insurance, City shall be permitted to obtain such
insurance in the Consultant's name or as an agent of the Consultant and shall be
compensated by the Consultant for the costs of the insurance premiums at the
maximum rate permitted by law and computed from the date written notice is
received that the premiums have not been paid.
D. ADDITIONAL INSURED:
City, its City Council,boards and commissions, officers, employees and
volunteers shall be named as an additional insured under all insurance
I
overages, except any professional liability insurance, required by this
Agreement. The naming of an additional insured shall not affect any recovery to
Page 5 of 12
Consultant Agreement
I AA
which such additional insured would be entitled under this policy if not named
as such additional insured. An additional insured named herein shall not be
held liable for any premium, deductible portion of any loss, or expense of any
nature on this policy or any extension thereof. Any other insurance held by an
additional insured shall not be required to contribute anything.toward any loss
or.expense.covered by.the insurance provided by this policy.
E. SUFFICIENCY OF INSURANCE:
The insurance limits required by City are not represented as being
sufficient to protect Consultant. Consultant is advised to confer with
Consultant's insurance broker to determine adequate coverage for Consultant.
13. CONFLICT OF INTEREST:
Consultant warrants that it is not a conflict of interest for Consultant to
perform the services required by this Agreement. Consultant may be required to
fill out a conflict of interest form if the services provided under this Agreement
require Consultant to make certain governmental decisions or serve in a staff
capacity as defined in Title 2, Division 6, Section 18700 of the California Code of
Regulations.
14. PROHIBITION AGAINST TRANSFERS:
Consultant shall not assign, sublease,hypothecate, or transfer this
Agreement, or any interest therein, directly or indirectly,by operation of law or
otherwise,without prior written consent of City. Any attempt to do so without
said consent shall be null and void, and any assignee, sublessee,hypothecate or
transferee shall acquire no right or interest by reason of such attempted
assignment,hypothecation or transfer. However, claims for money by
Consultant from City under this Agreement may be assigned to a bank, trust
company or other financial institution without prior written consent. Written
notice of such assignment shall be promptly furnished to City by Consultant.
The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Consultant, or of the interest of any general partner
or joint venturer or syndicate member or cotenant, if Consultant is a partnership
or joint venture or syndicate or cotenancy, which shall result in changing the
control of Consultant, shall be construed as an assignment of this Agreement.
Control means fifty percent (50%) or more of the voting power of.the
corporation.
15. SUBCONTRACTOR APPROVAL:
Unless prior written consent from City is obtained, only those people and
subcontractors whose names are included in this Agreement shall be used in the
Page 6 of 12
Consultant Agreement
3AA
performance of this Agreement.
In the event that Consultant employs subcontractors, such subcontractors
shall be required to furnish proof of workers' compensation insurance and shall
also be required to carry general, automobile and professional liability insurance
in reasonable conformity to the insurance carried by Consultant. In addition,
any work or services subcontracted hereunder shall be subject to.,each provision
of this Agreement.
16. PERMITS AND LICENSES:
Consultant, at his/her sole expense, shall obtain and maintain during the
term of this Agreement, all appropriate permits, certificates and licenses
including,but not limited to, a City Business License, that may be required in
connection with the performance of services hereunder.
17. REPORTS:
A. Each and every report, draft, work product, map, record and other
document,hereinafter collectively referred to as "Report", reproduced, prepared
or caused to be prepared by Consultant pursuant to or in connection with this
Agreement, shall be the exclusive property of City. Consultant shall not
copyright any Report required by this Agreement and shall execute appropriate
documents to assign to City the copyright to Reports created pursuant to this
Agreement. Any Report, information and data acquired or required by this
Agreement shall become the property of City, and all publication rights are
reserved to City. Consultant may retain a copy of any report furnished to the
City pursuant to this Agreement.
B. All Reports prepared by Consultant may be used by City in
execution or implementation of:
1) The original Project for which Consultant was hired;
2) Completion of the original Project by others;
3) Subsequent additions to the original project; and/or
4) Other City projects as appropriate.
C. Consultant shall, at such time and in such form as City may
require, furnish reports concerning the status of services required under this
Agreement.
D. All Reports required to be provided by this Agreement shall be
printed on recycled paper. All Reports shall be copied on both sides of the paper
except for one original, which shall be single sided.
E. No Report, information or other data given to or prepared or
assembled by Consultant pursuant to this Agreement shall be made available to
any individual or organization by Consultant without prior approval by City.
F. Electronic and hard copies of Consultant's work product shall
Page 7 of 12
Consultant Agreement
SAA
constitute the Project deliverables. Plans to be in CAD and PDF formats, and
other documents to be in Microsoft Word and PDF formats. City holds
Consultant harmless for any modifications to the documents.
18. RECORDS:
Consultant shall maintain completeand accurate records with.respect to
sales, costs, expenses, receipts and other such information required by City that
relate to the performance of services under this Agreement.
Consultant shall maintain.adequate records of services provided in
sufficient detail to permit an evaluation of services. All such records shall be
maintained in accordance with generally accepted accounting principles and
shall be clearly identified and readily accessible. Consultant shall provide free.
access to such books and records to the representatives of City or its designees at
all proper times, and gives City the right to examine and audit same, and to
make transcripts therefrom as necessary, and to allow inspection of all work,
data, documents,proceedings and activities related to this Agreement. Such
records, together with supporting documents, shall be kept separate from other
documents and records and shall be maintained for a period of three (3) years
after receipt of final payment.
If supplemental examination or audit of the records is necessary due to
concerns raised by City's preliminary examination or audit of records, and the
City's supplemental examination or audit of the records discloses a failure to
adhere to appropriate internal financial controls, or other breach of contract or
failure to act in good faith, then.Consultant shall reimburse City for all
reasonable costs and expenses associated with the supplemental examination or
audit.
19. NOTICES:
All notices, demands, requests or approvals to be given under this
Agreement shall be given in writing and conclusively shall be deemed served
when delivered personally or on the second business day after the deposit
thereof in the United States Mail, postage prepaid, registered or certified,
addressed as hereinafter provided.
All notices, demands, requests, or approvals from Consultant to City shall
be addressed to City at:
City of Cupertino
10300 Torre Ave.
Cupertino CA 95014
Attention: Erwin Ching
Page 8 of 12
Consultant Agreement
JAA
All notices, demands, requests, or approvals from City to Consultant shall
be addressed to Consultant at:
Biggs Cardosa Associates, Inc.
865 The Alameda
San Jose, CA 95126-3133
Attention:John Alciati
20. TERMINATION:
In the event Consultant fails or refuses to perform any of the provisions
hereof at the time and in the manner required hereunder, Consultant shall be
deemed in default in the performance of this Agreement. If such default is not
cured within the time specified after receipt by Consultant from City of written
notice of default, specifying the nature of such default and the steps necessary to
cure such default, City may terminate the Agreement forthwith by giving to the
Consultant written notice thereof.
City shall have the option, at its sole discretion and without cause, of
terminating this Agreement by giving seven (7) days' prior written notice to
Consultant as provided herein. Upon termination of this Agreement, each party
shall pay to the other party that portion of compensation specified in this
Agreement that is earned and unpaid prior to the effective date of termination.
In the event of termination, Consultant shall deliver to City, copies of all
reports, documents, and other work performed by Consultant under this
Agreement.
21. COMPLIANCES:
Consultant shall comply with all state or federal laws and all ordinances,
rules and regulations enacted or issued by City.
22. CONFLICT OF LAW:
This Agreement shall be interpreted under, and enforced by the laws of
the State of California excepting any choice of law rules which may direct the
application of laws of another jurisdiction. The Agreement and obligations of the
parties are subject to all valid laws, orders, rules, and regulations of the
authorities having jurisdiction over this Agreement (or the successors of those
authorities.)
Any suits brought pursuant to this Agreement shall be filed with the
courts of the County of Santa Clara, State of California.
Page 9 of 12
Consultant Agreement
ZIAA
23. ADVERTISEMENT:
Consultant shall not post, exhibit, display or allow to be posted, exhibited,
displayed any signs, advertising, show bills, lithographs, posters or cards of any
kind pertaining to the services performed under this Agreement unless prior
written approval has been secured from City to do otherwise.
24. WAIVER:
A waiver by City of any breach of any term, covenant, or condition"
contained herein shall not be deemed to be a waiver of any subsequent breach of
the same or any other term, covenant, or condition contained herein,whether of
the same or a different character.
25. INTEGRATED CONTRACT:
This Agreement represents the full and complete understanding of every
kind or nature whatsoever between the parties hereto, and all preliminary
negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions
hereof. Any modification of this Agreement will be effective only by written.
execution signed by both City and Consultant.
26. GIFTS:
A. Consultant is familiar with City's prohibition against the acceptance of
any gift by a City officer or designated employee, which prohibition is found in
City.Administrative Procedures.
B. Consultant'agrees not to offer any City officer or designated employee any
gift prohibited by the Administrative Procedures.
C. The offer or giving of any prohibited gift shall constitute a material breach
of this Agreement by Consultant. In addition to any other remedies, City may
have in law or equity, City may terminate this Agreement for such breach as
provided in Section 19 of this Agreement.
27. INSERTED PROVISIONS:
Each provision and clause required by law to be.inserted into the
Agreement shall be deemed to be enacted herein, and the Agreement shall be
read and enforced as though each were included herein. If through mistake or
otherwise, any such provision is not inserted or is not correctly inserted, the
Agreement shall be amended to make such insertion on application by either
party.
Page 10 of 12
Consultant Agreement
3AA
28. CAPTIONS:
The captions in this Agreement are for convenience only, are not a part of
the Agreement and in no way affect, limit or amplify the terms or provisions of
this Agreement.
Page 11 of 12
Consultant Agreement
P.O. No.:
IN WITNESS WHEREOF, the parties have caused the Agreement to be
executed.
CONSULTANT CITY OF CUPERTINO
Biggs Car s. A ociates, Inc. A Municipal Corporation
By By ;
V 1 ;4
Name: Stephen Biggs, President Timm Borden,Director of Public Works
Date Date
Tax I.D. No.: -1'7® 0t)qa 2.®
APPROVED AS TO FORM:
Address: 865 The Alameda
San Jose, CA 95126-3133
I
LA
Carol Korade, City Attorney
ATTEST:
r
Grace Schmidt, City Clerk
Contract Amount: $3,500.00
Account No. : 100 -99 o 944 100 707,
Page 12 of 12
Consultant Agreement
TAA
BIGGBCARDOBAk
AMBSOCIATEB IPJC I-IT ASTRUCTURALENGINEERS
865 -rha Alamada
Sar, Jose. -CA 95126-3133
Telephone 406-2e6-5515 July 15,2015
Fecsimlle 406-296-8114
City of Cupertino
10300 Torre Ave
Cupertino, CA 95014
Attention: Mr.Erwin Ching
Subject: Estimated Funding Costs for Bridge Maintenance Repairs Using Federal Funding
Dear Erwin:
Biggs Cardosa Associates,Inc. is pleased to submit the following proposal to provide structural
engineering services on the subject project. Based on previous discussions and email
correspondence, it is our understanding that the scope of services includes the following:
SCOPE OF SERVICES
1. Reviewing the bridge as-built plans and Caltrans inspection reports, and determine items
eligible for federal reimbursement for each bridge through the Bridge Preventive
Maintenance Program(BPMP). The City has 7 bridges on the Caltrans Local'Agency
Bridge Listing that are eligible for BPMP funding(Br.No. 37CO011, 3700012, 37CO017,
37CO220, 37CO290,37CO291, and 37CO431).
2. Develop preliminary construction cost estimates for each bridge to incorporate the eligible
items for federal reimbursement.
3. Develop estimated federal funding costs to include preliminary engineering to develop
PS&E documents including environmental services,construction costs, and construction
engineering costs that include construction services and inspections.
4. Our deliverable to the City will be a spreadsheet showing the total federal funding costs for
each bridge, as well as the federal and City shares. The federal project would group all
bridges into one project.
As discussed,the City originally was evaluating the needs to perform bridge maintenance repairs
on Br.No. 37CO011 and 37CO220 only, and using local funds to do these repairs. Upon my brief
review of the Caltrans inspection reports,there is an opportunity to address additional bridge
maintenance items on the other bridges through federal reimbursement through the BPMP. The
City will use the spreadsheet developed to evaluate pursuing a project with federal reimbursement
or using local funds.
ASSUMPTIONS
The following assumptions were made in generating this design proposal:
JAA
A. Site visits to field verify all bridge maintenance items will not be needed. We will
develop the federal funding costs based on reviewing the Caltrans bridge inspection
reports for bridge maintenance items eligible for federal reimbursement.
B. This proposal does not include preparing federal funding requests to be submitted
to Caltrans. If the City decides that federal funding will be pursued,BCA can
provide a proposal to assist the City to develop the federal funding request
documents. Federal finding request documents need to be submitted through the
Caltrans District Local Assistance Engineer by September 30 so it can be
programmed into the next federal fiscal year(October 1 through September 30).
SCHEDULE OF PERFORMANCE
This scope of services will be completed within 30 days of notice to proceed.
DESIGN FEE
We propose to provide the design scope of services outlined in this proposal on a fixed fee basis
not to exceed $3,500 including expenses,without prior authorization.
We thank you for the opportunity to submit this proposal,and look forward to working with you
on this project. If you have any questions or require clarification,please do not hesitate to give me
a call.
BIGGS CARDOSA
ASSOCIATES,INC.
John Alciati,PE
Senior Engineer
AGREED TO BY
DATE
AA