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16-017 HNTB Corporation, Design Services Scope Hourly Estimate for the Don Burnett Bicycle FootbridgeFIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CUPERTINO AND HNTB CORPORATION FOR CONSULTANT SERVICES FOR THE DON BURNETT BICYCLE FOOTBRIDGE ROUTINE INSPECTION The City of Cupertino ("City") and HNTB Corporation ("Consultant"), hereinafter referred to collectively as "Parties", hereby agree as follows: WHEREAS, the parties entered into an Agreement between the City of Cupertino and HNTB Corporation for Consultant Services for Don Burnett Bicycle Footbridge Routine Inspection for reference dated January 19, 2016 (Agreement). WHERAS, through no fault of the parties, due to a delay in obtaining necessary information to complete the project, it is necessary to amend the completion date of the Agreement; The parties desire to amend the Agreement as set forth in this First Amendment. 1. Paragraph 1 of the Agreement "Term" shall be amended to read as follows: The term of this Agreement shall commence January 19, 2016 and shall terminate on July 30, 2016, unless terminated earlier as set forth herein. 2. Exhibit "A" to the Agreement, entitled "DESIGN SERVICES SCOPE/HOURLY ESTIMATE for the DON BURNETT BICYCLE FOOTBRIDGE" shall be amended to reflect the completion date of July 30, 2016. 3. All other terms and conditions of the Agreement are unchanged and remain in force and effect. This First Amendment to the Agreement shall be effective immediately. Approved as to form: Title: ~;TBCorp ifk a Name: arlene Gee City Attorney Date Title: Vis:e-President Date: tj11jt" Page 1 AGREEMENT BETWEEN THE CITY OF CUPERTINO AND HNTB CORPORATION FOR DESIGN SERVICES SCOPE/HOURLY ESTIMATE for the DON BURNETT BICYCLE FOOTBRIDGE THIS AGREEMENT, for reference dated January 19, 2016, is by and between CITY OF CUPERTINO, a municipal corporation (hereinafter referred to as "City"), and HNTB Corporation, a California corporation whose address is 1735 Technology Drive, Suite 650, San Jose, CA 95110 (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 andknowledge 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 the routine inspection of the Don Burnett pedestrian bridge upon the terms and conditions herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM: The term of this Agreement shall commence on the date this agreement is executed and shall terminate on May 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 "DESIGN SERVICES SCOPE/HOURLY ESTIMATE for the DON BURNETT BICYCLE FOOTBRIDGE" which is attached hereto and incorporated herein by this reference. 3. SCHEDULE OF PERFORMANCE: The Services of Consultant are to be completed according to the schedule set out in Exhibit A, titled "DESIGN SERVICES SCOPE/HOURLY ESTIMATE for the DON BURNETT BICYCLE FOOTBRIDGE", which is attached hereto and incorporated herein by this reference. Page 1of10 City of Cupertino Design Professional Agreement For the routine inspection of the Don Burnett Bicycle Footbridge 4. COMPENSATION TO CONSULTANT: The maximum compensation to be paid to Consultant under this agreement shall not exceed Twenty Two Thousand Eight Hundred Sixty Four Dollars ($22,864). The rate of payment is set out in Exhibit B, titled "Bridge Inspection and Survey", 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. Invoices shall be due and payable within thirty (30) days upon receipt. If any invoice submitted by Consultant is disputed by City, only that portion so disputed may be withheld from payment at which time City shall immediately reimburse Consultant for any outstanding amounts due with respect thereto. 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 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. Deductions 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 (IRCA): 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 \lny 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, · Page 2 oflO City of Cupertino Design Professional Agreement For the routine inspection of the Don Burnett Bicycle Footbridge 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. Roger Lee -Assistant Director of Public Works, 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 prior written acceptance and approval of the City Project Manager. The designated Consultant Project Manager shall be John Litzinger. 11. HOLD HARMLESS: A. Indemnity Obligations Subject to Civil Code Section 2782.8. 1. 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 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 sole or active negligence or willful misconduct of City, its agents or employees. 2. Notwithstanding the foregoing, the Consultant has no duty to provide or to pay for an up-front defense against unproven claims or allegations, but shall pay or reimburse the City for its reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation to the extent caused by the negligence, recklessness, or willful misconduct of Consultant or its employees, officers, officials, agents or independent contractors. However, the Consultant shall provide its immediate and active cooperation and assistance to the City, at no additional cost to the City, in analyzing, defending, and resolving such claims. B. Claims for Other Liability. For all liabilities other than those included within paragraph A. above, Consultant shall, to the fullest extent allowed by law, 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 and against any of them, including any injury to or death of any person or damage to property or other liability of Page 3 oflO City of Cupertino Design Professional Agreement For the routine inspection of the Don Burnett Bicycle Footbridge any nature, that arise out of, pertain to, or relate 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. 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. The total aggregate liability of Contractor and its subconsultants to City for all such judgments, losses, damages, and expenses resulting in any way from the performance of the Services as set forth in this subparagraph shall not exceed the amount covered by insurance in paragraph 12 below, provided such insurance is in full force and effect. If Consultant fails to have the required insurance, this limitation shall not apply. C. Claims 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 to, 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. 12. INSURANCE: On or before the commencement of the term of this Agreement, Consultant shall furnish City with certificates showing the type, amount, effective dates and dates of expiration of insurance coverage in compliance with paragraph 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 before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days' advance written notice to the City of Cupertino, 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 authorized to do insurance business in the State of California. Endorsements naming the City as additional insured in relation to the commercial general liability and commercial automobile liability policies shall be submitted with the insurance certificates. A. COVERAGE: Consultant shall maintain the following insurance coverage: City of Cupertino (1) Workers' Compensation: Statutory coverage as required by the State of California. (2) Liability: Commercial general liability coverage in the following minimum limits: Bodily Injury: $500,000 Property Damage: each occurrence $1,000,000 aggregate -all other $100,000 each occurrence $250,000 aggregate Page 4 oflO Design Professional Agreement For the routine inspection of the Don Burnett Bicycle Footbridge 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: Commercial 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 accident ( 4) Professional Liability: Professional liability insurance which includes coverage for the professional acts, errors and omissions of Consultant in the amount of at least $1,000,000 per claim and in the aggregate. 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 commercial 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 commercial 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. FAIL URE 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 coverages, except any worker's compensation and professional liability insurance, required by this Agreement. 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. Page 5 oflO City of Cupertino Design Professional Agreement For the routine inspection of the Don Burnett Bicycle Footbridge 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 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. OWNERSHIP OF WORK: A. Any interest (including copyright interests) of Consultant and its subconsultants in each and every study, document, report, draft, memoranda, work product, map, record, plan, drawing, specification and other deliverable, in any medium prepared or created by Consultant or its subconsultants pursuant to or in connection with this Agreement, shall be the exclusive property of City. To the extent permitted by Title 17 of U.S. Code, all work product prepared or created under this Agreement shall be deemed works for hire and all copyrights in such works shall be the property of City. In the event that it is ever determined that any works prepared or created by Consultant or any subconsultant under this Agreement are not works for hire under U.S. law, Consultant hereby assigns to City all copyrights to such works when and as created. With Owner's prior written approval, Consultant may retain and use copies of such works for reference and as documentation of its experience and capabilities and in its promotional materials. With respect to Consultant's standard details, Consultant may retain the copyright, but grants to City a perpetual non-exclusive license to use such details in connection with the Project. B. Without limiting any other City right to any of the works prepared or created by Consultant or its subconsultants, all works 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. Any City reuse of works shall be subject to California Business and Professions Code Sections 5536.25, 6735, 6735.3 or 6735.4, if and to the extent applicable. Any City reuse of works for any Page 6 oflO City of Cupertino Design Professional Agreement For the routine inspection of the Don Burnett Bicycle Footbridge purpose other than those in B(l) through B(3) above, and any modifications to any of the works, shall be at City's sole risk and expense. D. Consultant shall, at such time and in such form as City may require, furnish reports concerning the status of services required under this Agreement. E. All written work required to be provided by this Agreement (other than large-scale architectural plans and similar items) shall be printed on recycled paper and shall be copied on both sides of the paper except for one original, which shall be single sided. F. No work, information or other data given to or prepared created or assembled by Consultant or any of its subconsultants pursuant to this Agreement, shall be made available to any individual or organization by Consultant or any subconsultant without prior approval by City. G. Electronic and hard copies of Consultant's work product shall constitute the Project deliverables. Plans shall be in CAD and PDF formats, and other documents shall be in Microsoft Word and PDF formats. 18. RECORDS: Consultant shall maintain complete and 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 there from 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: Roger Lee All notices, demands, requests, or approvals from City to Consultant shall be addressed to Consultant at: John Litzinger Page 7 of IO City of Cupertino Design Professional Agreement For the routine inspection of the Don Burnett Bicycle Footbridge HNTB Corporation 735 Technology Drive, Suite 650 San Jose, CA 95110 408-451-7300 e-mail: JLitzinger@HNTB.COM 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. REQUIREMENT TO PAY PREVAILING WAGES: Consistent with the City's policy to pay prevailing wage rates, Contractor shall comply with the City's Labor Compliance Program and all other requirements set forth in Labor Code section 1770 et seq. The City shall require payment of the general rate of per diem wages or the general rate of per diem wages for holiday and overtime work. Upon request, Contractor will submit certified payroll records to the City for all employees and subcontractors in a preapproved format or a City provided form. Any delay in remitting certified payroll reports to the City upon request from the City will result in either delay and/or forfeit of outstanding payment to Contractor. 23. 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. DISPUTE RESOLUTION: In the event of a dispute between City and Contractor arising out of or related to this Agreement, the aggrieved party shall notify the other party of the dispute within a reasonable time after such dispute arises. If the parties cannot thereafter resolve the dispute, each party shall nominate a senior officer of its management to meet to resolve the dispute by direct negotiation or mediation. Should such negotiation or mediation fail to resolve the dispute, either party may pursue resolution of the dispute by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitratibn Association; Page 8 oflO City of Cupertino Design Professional Agreement For the routine inspection of the Don Burnett Bicycle Footbridge provided, however, in the event the parties are unable to reach agreement to arbitrate under terms reasonably acceptable to both parties, either party may pursue resolution in any court having jurisdiction. 24. 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. 25. 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. 26. 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. 27. 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. 28. 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. 29. 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 9 oflO City of Cupertino Design Professional Agreement For the routine inspection Of the Don Burnett Bicycle Footbridge P.O. No.: ?-O / b -'-{ '7 \ IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. CONSULTANT HNTB Corporation CITY OF CUPERTINO A Municipal Corporation By~Y.~ B~- Timm Borden, Director of Public Works Name Darlene Gee Title Vice President Date_z_,,_/_l..-+-b_'/ /, __ / I Tax l.D. No.: 43-1623092 Address: 1735 Technology Dr Ste 650 San Jose, CA 95110 City of Cupertino Design Professional Agreement Date 2/2 3 /! k:, I I APPROVED AS TO FORM: ~ Randolph Hom, City Attorney ATTEST: ~)-/--ft. Grace Schmidt, City Clerk Contract Amount: $22,864.00 Account No. : Page 10 oflO For the routine inspection of the Don Burnett Bicycle Footbridge HNTB Corporation DESIGN SERVICES SCOPE/HOURLY ESTIMATE For The MARY A VENUE BICYCLE FOOTBRIDGE SCOPE OF SERVICES: The following scope of services and hourly estimate is provided for design services to complete the project regarding: 1. Bridge Inspection 2. Bridge Survey. BRIDGE INSPECTION AND SURVEY 1. TASK 1-BRIDGE INSPECTION HNTB will conduct a Routine Inspection of the bridge to primarily check for damage and wear to the structure, including deformations and incipient cracks. The inspection shall include the following elements: 1. Substructure -This consists of above-grade portions of foundations, footings, pedestals, and end piers (abutments). 2. Superstructure -This consists of concrete deck panels and closure pours, edge girders, floorbeams, leaf bearings (tie-downs), shear keys, pintels, and threaded rod connections between tower struts and floorbeams. 3. Tower -This consists of the tower legs extending above and below the roadway level. 4. Cable-Stay System -This consists of cable stays, sockets, and anchorages. 5. Roadway Features -This consists of the pedestrian railing, deck joint compression seal assemblies, and the roadway drainage system. 6. Non-Structural Features -This consists of lighting systems and utilities. The elements listed above will be inspected either by visual or hands-on methods: • The visual method will be conducted from either on the bridge within Caltrans Right-of-Way orunder the bridge within the City Right-of-Way using visual aids (such as binoculars, etc) from the ground and will not include equipment or tools to provide a different visual observation platform. The elements that are not able to be inspected visually will be noted in the report. • The hands-on method will be conducted from either onthe bridge within Caltrans Right-of-Way or under the bridge within the City Right-of-Way that are accessible from the ground and will not include equipment or tools to provide a different platform from which to have hands-on access. The elements that are not able to be inspected by hands-on access will be noted in the report. The forms included in the Operations and Maintenance Manual will be used in the preparation of a Bridge Inspection Report. The Bridge Inspection Report will be in memo form to provide the results of the findings of the bridge inspection. The results of the bridge survey described in Task 2 below will be included in the memo report. The table below summarizes the different elements with items associated with each element and type of inspection method to be used: Cupertino-Mary A ve--BridgelnspectionandSurvey-Scope Dec 2015.docx Page 1of2 Printed 1/14/2016 HNTB Corporation Routine Inspection Checklist Bridge Element Item Method of Inspection ---- Footings Visual Tower Pedestals Visual Tower Legs Visual Substructure Tower Struts Visual Tower Base Plates Visual Tower Cable Anchorage Plates Visual Tower End Piers (Abutments) Hands-on Deck Slab Top (Hands-on), Bottom (Visual) Floorbeams Visual Leaf Bearings (Tie-Downs) Hands-on Superstructure Edge Girders Visual Cable-Stay System Visual, Hands-on at abutments Shear Keys Hands-on Pintels Visual Threaded Rod Connections Visual Deck Walking Surface Hands-on Approach Slabs Hands-on Deck Elastomeric Bearing Pads (at shear keys) Hands-on Expansion Joint Assemblies Hands-on Pedestrian Railing Hands-on Drainage System Hands-on Measurements Expansion Joint Openings Hands-on Position of pins at leaf bearings Hands-on Project management is included in this task. 2. TASK 2 -BRIDGE SURVEY HNTB will conduct (with support from Kelley Engineering and Surveying) a survey of the bridge to establish an update on the performance of the bridge based on the Operations and Maintenance Manual (Chapter 9.8) for the bridge. The update will be compared to the baseline survey previously performed. The survey will include the following: a. Elevation and location of the towers and piers. A single point on each tower will be selected as the monitoring/surveyed point for the tower. b. Elevation (the profile grade of the deck) along the gutter lines and adjacent to each cable stay. c. Measurement of expansion joint openings. A I-hour pre-meeting for the bridge survey to confirm the elements of the survey will be conducted on the day of the bridge survey. Cupertino-MaryAve-BridgelnspectionandSurvey-Scope Dec 2015.docx Page 2 of 2 Printed II 14/2016 HNTB Corporation See attached scope of work and fee estimate by Kelley Engineering and Surveying dated 912912015 for additional detail in describing this task. Project management is included in this task. SCHEDULE The schedule for the project is anticipated to be as follows: Bridge Inspection -NTP plus 4 weeks Bridge Survey-NTP plus 4 weeks Bridge Inspection Report-2 weeks after completion of the Bridge Survey COMPENSATION HNTB will be compensated on a time and materials (not-to-exceed) basisfor Tasks 1 and 2. The attached breakdown of hours and tasks is approximate and assumed to be sufficient to establish the not-to-exceed cumulative amount for the Tasks as described above. It is assumed the hour breakdown between Task 1 and Task 2 may need to be modified as the work is performed and completed. Cupertino-MaryAverBridgelnspectionandSurvey-Scope Dec 2015.docx Page 3of3 Printed 1/14/2016 KELLEY E:~(iLNJ;:~B!NG ANJ:) ... ~SUB\lEYt~G 400 PARK CENTER DRIVE, SUITE #4, HOLLISTER, CA 95023 OFFlCE: {831) 63&1104 FAX (831) 63&1837 ESTIMATE OF FEES Mary Avenue Bicycle Footbridge Survey January 4, 2016 Phase Hourly Estimated Estimated Item Description Code Rate Hours Fee Survey Preparation 1 Enter Control Data 504 155 2 $310.00 2 Pre-survey On Site Meeting 108 155 1 $155.00 Field Survey 3 Tower Survey 605 235 2 $470.00 4 Profile Grade Survey 605 235 4 $940.00 ·5 Measure Expansion Joints 605 235 1 $235.00 Report 6 Survey Calculations 530 155 4 $620.00 7 Survey Data Compiled 580 155 8 $1,240.00 Total $3,970.00 Notes: 1. Item 2, Pre-Survey On-site Meeting ls limited to one hour and takes place on the day of the survey. 2. All field work is to be completed in one trip. 3. Fees will be charged based on hourly rates attached. 4. HNTB to prepare bridge element survey form and make available prior to the survey. 5. KES will popufate the form with the measured data. 6. This estimate assumes the control set in 2012 is recoverable in the field. KELLEY ENGINEERING & SURVEYING 400 PARK CENTER DRIVE, SUITE #4, HOLLISTER, CA 95023 OFFICE: (831) 636-1104 FAX (831) 636-1837 FEE SCHEDULE OFFICE AND PROFESSIONAL Principal Engineer. .................................................................... $ 150.00 per hour Associate Engineer/Land Surveyor. ................................................. $ 130.00 per hour Assistant Engineer .................................................................... $ 110. 00 per hour Engineering Technician .............................................................. $ 90.00 per hour Clerical. ................................................................................. $ 60.00 per hour FIELD Survey Crew ................................................................. ~ ........ $230.00 per hour MISCELLANEOUS COSTS In house prints at $2.50 per sheet This Fee Schedule is subject to revision after December 31, 2015 Foe Don BurnettBlc:z:cleFootbr!d2e Job No. Sheet No. I :-INTB Madeb JWL Checked b AR Backchecked b Date· 10/29/2015 Date Date DESIGN SERVICES SCOPEIHOURL y ESTIMATE for the DON BURNETT BICYCLE FOOTBRIDGE, Bridge No. 37-662 City of Cupertino, California BRIDGE INSPECTION AND SURVEY Prine. In Principal Sr. Charge/ Structural structural Engineer Ill Engineer II Engineer I Senior AdmlnAsst Total I Expenses Project Engineer Engineer Technician Manager Hours cost Summary Hours I Fee Actual Cost x I Actual Cost x 2.79=Total 1.10=Tota1 Cost Cost Proiect Management, 1"Jleetings, an_9__9:C (includ~tj i_ri Tasks ~nd 2} __ L hrs 2 0 0 0 0 0 0 2 rate $115.00 $95.00 $65.00 $45.00 $40.00 $30.00 $40.00 $40.00 cost $230 $0 $0 $0 $0 $0 $0 $80 $865 $0 Task 1-Bridge!nspe~ ________ 1 hrs 0 8 40 0 12 0 0 8 68 rate $115.00 $97.00 $75.00 $50.00 $40.00 $35.00 $45.00 $40.00 cost $0 $776 $3,000 $0 $480 $0 $0 $320 $12,767 $66 Task2-8ridgeSurvey ___ . ---·-------· I hrs 0 0 0 28 0 0 0 8 36 rate $115.00 $95.00 $65.00 $50.00 $40.00 $30.00 $45.00 $40.00 cost $0 $0 $0 $1,400 $0 $0 $0 $320 $4,799 $4,367 hrs rate cost hrs rate cost hrs rate cost hrs rate cost hrs rate cost hrs rate cost ~ rate cost hrs rate cost hrs rate cost hrs rate cost hrs rate cost hrs rate ~ ITotal HNTB Fee hrs 21 •I 401 2sl 121 ol ol 18 1081 co" $230\ ms\ $3,oool $1,400\ $4801 so\ $0\ $720 $18,431\ $4,433 Total Bridge Inspection and Survey $22,864 NOTES: ACORD®< CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 01/14/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1-816-960-9000 CONTACT Business Insurance Manager NAME: Lockton Companies r..:1gNJo Extl: 816-472 -1201 I FAX (A!C Nol: 816-472-6305 E·MAIL businessinsurancemgr@hntb.com 444 w. 47th Street, Suite 900 ADDRESS: INSURER(Sl AFFORDING COVERAGE NAIC# Kansas City, MO 64112-1906 INSURER A: Lloyds of London INSURED INSURERS: HNTB Corporation INSURERC: 1735 Technology Drive, Suite 650 INSURERD: INSURERE: San Jose, CA 95110 INSURER F: COVERAGES CERTIFICATE NUMBER: 45899505 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE ... ~n "nm POLICY NUMBER IMM/DD/YYYY\ IMMIDD/YYYY\ COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ ~ D CLAIMS-MADE D OCCUR DAMAGE TO RENTED -PREMISES IEa occurrence\ $ ~ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ - GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ ~ DPRO-Owe PRODUCTS -COMP/OP AGG $ POLICY JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident\ - ANY AUTO BODILY INJURY (Per person) $ -ALL OWNED -SCHEDULED BODILY INJURY (Per accident) $ -AUTOS -AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS IPer accident\ -- $ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ - EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION I ~ifTuTE I I OTH- AND EMPLOYERS' LIABILITY ER YIN ANY PROPRIETOR/PARTNER/EXECUTIVE D NIA E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ A Professional Liability B0146 LDUSA1504553 05/01/15 05/01/16 Per Claim & 1,000,000 Annual Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Don Burnett Bicycle Footbridge Routine Inspection CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Cupertino Rogert Lee 10300 Torre Avenue Cupertino, CA 95014 I ACORD 25 (2014/01) ljvlockton 45899505 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE USA a-<-P )· kq,-_ © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 01/14/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1-913-982-3650 CONTACT HNTB Business Insurance Manager NAME: IMA, Inc. rA~gN~ Extl: 816-472-1201 I FAX 816-472-4060 IAJC Nol: E-MAIL businessinsurancemgr@hntb.com 51 Corporate Woods ADDRESS: 9393 W. llOth Street, Suite 600 INSURERISl AFFORDING COVERAGE NAIC# Overland Park, KS 66210 INSURER A: LIBERTY INS CORP 42404 INSURED INSURER B: LIBERTY MOT FIRE INS CO 23035 HNTB Corporation INSURERC: 1735 Technology Drive, Suite 650 INSURERD: INSURER E: San Jose, CA 95110 INSURER F: COVERAGES CERTIFICATE NUMBER: 45899520 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE .. "'" "n"' POLICY NUMBER fMM/DD/YYYYI fMM/DD/YYYYI LIMITS A x COMMERCIAL GENERAL LIABILITY TB7-641-433035-216 01/01/16 01/01/17 EACH OCCURRENCE $ 1,000,000 I--D CLAIMS-MADE 0 OCCUR DAMAGE TO RENTED PREMISES fEa occurrence\ $ 1,000,000 -MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ l, 000. 000 - GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 =4 0PRO-~LOG PRODUCTS -COMP/OP AGG $ 2,000,000 POLICY JECT OTHER: $ B AUTOMOBILE LIABILITY AS2-641-433035-206 01/01/16 01/01/17 COMBINED SINGLE LIMIT $ 1,000, 000 IEa accidentl --x ANY AUTO BODILY INJURY (Per person) $ I--ALL OWNED ~ SCHEDULED AUTOS AUTOS BODILY INJURY (Per accidenl) $ I--I--NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS f Per accidentl $ I--I-- $ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ f-- EXCESSLIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION$ $ WORKERS COMPENSATION WA2-64D-433035-666 01/01/16 01/01/17 x I ~ffTUTE I I OTH-B AND EMPLOYERS" LIABILITY ER YIN ANY PROPRIETOR/PARTNER/EXECUTIVE EJ NIA E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Don Burnett Bicycle Footbridge Routine Inspection If required by a written agreement, the City of Cupertino, its City Council, beads and commissions, officers, employees and volunteers are additional insureds as respects general liability and automobile liability, subject to the terms, conditions and exclusions of the policies, and shall be considered primary insurance as respects the additional insureds and any other insurance or self-insurance maintained b the additional insureds shall be excess of this insurance and shall not contribute with it. If required by a written agreement, the insurers waive their rights of subrogation in favor of the City of Cupertino as respects general and automobile liability and workers• compensation, subject to the terms, conditions and exclusions of the policies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Cupertino THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Rogert Lee 10300 Torre Avenue AUTHORIZED REPRESENTATIVE Cupertino, CA 95014 a~~ I USA © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) ljvhub 45899520 The ACORD name and logo are registered marks of ACORD