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17-074 Biggs Cardosa Associates, Inc., Stevens Creek Bridge at Stevens Creek (Br. No. 37C0011) Funding ApplicationCITY OF m CUPERTINO AGREEMENT CITY OF CUPERTINO 10300 Torre Avenue Cupertino , CA 95014 408-777-3200 THIS AGREEMENT, made and entered into this l-l .. rie1day of M~, 7,.,,1-is by and between the CITY OF CUPERTINO (Hereinafter "CITY") and BIGGS CARDSA ASSOCIATES, INC., 865 The Alameda, San Jose, CA 95126, (408) 296-5515, (Hereinafter "CONTRACTOR"), in consideration of their mutual covenants, the parties agree as follows: CONTRACTOR shall provide or furnish the following specified services and/or materials: • Perform all research, communication, field work, and form preparation required to provide a signature-ready Highway Bridge Program funding application for Bridge No. 37C0011. • Preparation of a signature-ready Request for Authorization after requested funding is programmed in the FTIP Check box if services are further described in an Exhibit. 0 EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit A TERM: The services and/or materials furnished under this Agreement shall commence on May 22, 2017 and shall be completed no later than December 31, 2017. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $5,000 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 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 , stop notices, 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 any nature, arising out ·of, pertaining to, or related to the performance of this Agreement by Contractor or Contractor's employees, officers, officials, agents or independent contractors. Contractor 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. 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. Page 1 of 3 Short Form Agreement Subcontracting. Contractor has been retained due to their unique skills and Contractor may not substitute another, assign or transfer any rights or obligations under this Agreement. Unless prior written consent from City is obtained, only those people whose names are listed this Agreement shall be used in the performance of this Agreement. Assignment. Contractor may not assign or transfer this Agreement, without prior written consent of CITY. Insurance. Contractor shall file with City a Certificate of Insurance consistent with the following requirements Coverage: Contractor shall maintain the following insurance coverage: (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: $5 00 ,0 00 each occurrence $1,000 ,000 aggregate -all other Property Damage: $100 ,000 each occurrence $25 0 ,000 aggregate If s ubmitted , combined single limit policy with aggregate limits in the amounts of $1,000,000 w ill be considered equi va lent to the r equire d minimum limits shown above. (3) Automotive : (4) 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 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 . Subrogation Waiver. Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, Contractor shall look solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer of said Contractor may acquire against City by virtue of the payment of any loss under such insurance. Page 2 of 3 Short Form Agreement Termination of Agreement. The City reserves the right to terminate this Agreement with or without cause with a seven (7)-day notice . The Contractor may terminate this Agreement with or without cause with a seven (7)-day written notice . Non-Discrimination. No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin , ancestry, religion, gender or sexual orientation of such person Interest of Contractor . It is understood and agreed that this Agreement is not a contract of employment in the sense that the relationship of master and servant exists between City and undersigned . At all times , Contractor shall be deemed to be an independent contractor and Contractor is not authorized to bind the City to any contracts or other obligations in executing this Agreement. Contractor certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of City. City shall have no right of control as to the manner Contractor performs the services to be performed. Nevertheless, City may, at any time, observe the manner in which such services are being performed by the contractor . The Contractor shall comply with all applicable Federal, State, and local laws and ordinances including , but not limited to , unemployment insurance benefits , FICA laws , and the City business license ordinance. Changes. 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 : John Raaymakers DEPARTMENT : Public Works This Agreement shall become effective upon its execution by CITY , in witness thereof, the parties have executed this Agreement the day and year first written above. CONTRACT By __ --t-t--tt=-.ctt---:-v'--""~--7t----~ Title -----+-11--:.+-1--l~.l,.-..-'l-----"'--"'""'------ APPROVALS DEPARTMENT HEAD DATE CI TY ~PROVED AS TO FORM ;c;: Page 3 of 3 Short Fo rm Agree m ent EXPENDITURE DISTRIBUTION z... 1-0 -'i o -(z Ct>O 'l (JO - BIGGS CARDOSA ASSOCIATES INC STRUCTURAL ENGINEERS B65 The Alarneda San Jose, CA 95126-3133 Te lephone 406-286-551 5 Fa csimile 40B-286-B 1 14 City of Cupertino 10300 Torre Ave Cupertino , CA 95014 Attention: John Raaymakers EXHIBIT A April 28 , 2017 Subject: Stevens Creek Bridge at Stevens Creek (Br. No. 37C001 l) Funding Application Dear John , We are pleased to submit our Proposal to prepare a funding application for replacement of the Stevens Creek Bridge at Stevens Creek (Br. No . 3 7COO 11 ). This bridge is owned and maintained by the City and has been identified by Caltrans as scour critical. Pro}ect Understanding The existing structure is a 2-span reinforced concrete T-girder struct ure supported on spread footings that was originally constructed in 1922 and widened in 1947 . Based on th e past Caltrans inspection reports , the bridge has experienced local scour near Pier 2 and has experienced so me channel degradation . The bridge has a Sufficiency Rating of 91 .8, and has a Scour Critical rating of 3 for Item 113 that triggers the Scour Critical Bridge flag. The scope of this project is to perform a brief site visit and to re v iew existing documentation, including any existing inspection records and the scour Plan of Action (POA) that are in the Caltrans bridge inspection reports, and prepare a "signature ready" funding application for bridge replacement that can be forwarded to Caltrans by the City. We will include some brieflanguage in the funding application that bridge replacement is the most feasible alternative due to the scour at the Pier 2 spread footing, the presence of alluvial material beneath the foundation as stated in the POA, and the age of the structure. Scope of Services 1. Review the full Caltrans BIRIS documents including the scour Plan of Action (POA). 2. Perfo1m a brief site visit to verify the POA 's and the BIRIS findings and recommendations . 3 . Develop a preliminary cost estimate for the bridge replacement option. 4 . Prepare the appropriate Caltrans application exhibits/forms from LAPG (6A , 6B) and LAPM (7B, 7C) and prepare a cover letter to program funding on the FTIP. The application will also include a markup of the as-built General Plan, sketch of the new bridge typical section , and existing bridge photographs (8 total). The completed application will be submitted to Caltrans by the City. City of Cupertino Stevens Creek Bridge (3 7COO 11) April 28 , 2017 Page 2 5 . Prepare Request for Authorization exhibits /forms from the LAPM (3A , 3E , 30, 78) once the City has been contacted by Caltrans/MTC that the project has been programmed on the FTIP. Schedule of Performance This scope of services will be completed by December 31 , 2017 . Fee Proposal We propose to provide the design scope of services outlined in this proposal on a fixed fee basis not to exceed $5,000 including expenses . Limitations/Exceptions 1. Topographic or boundary surveying, and scanning capability is not included in this scope of work. 2. Hydraulic and geotechnical evaluations are not included in this scope of work. 3. Development of bid documents for rehabilitation , scour protection , or replacement is not included in this scope of work . 4 . No materials testing will be perfonned to confirm concrete, steel , water and soil properties. If there are significant structural issues requiring materials testing based on the field review , the materials testing scope can be added into an Additional Services Request if necessary. We thank you for the opportunity to submit this proposal, and look forward to working with you on this project. If you have any questions or require clarification, please do not hesitate to give me a call. Sincerely, BIGGS CARDOSA AS SOCIA TES, INC. ~12£):- John Alciati, PE Engineering Manager M :\2 0 15\2 04\100 Proj ec t Cont ro l\1 12 Proposa l -Co ntrac t\Cup crt in o 37COO 11 Sco ur Criti ca l Pro posa l.d ocx Client#: 31 BIGGSCARD ACORD™ CERTIFICATE OF LIABILITY INSURANCE I DATE (M MIDD /YYYY) 5/23/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW . THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), 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 ~R~~~cT Jo Lusk Dealey, Renton & Associates rtSNJo Extl : 510 465-3090 I r..o~. No): 510 452-2193 P . 0. Box 12675 !oMl~~ss : jlusk@dealeyrenton.com Oakland, CA 94604-2675 INSURER(S ) AFFORDING COVERAGE NAIC# 510 465-3090 INSURER A: Travelers Property Casualty Co 25674 INSURED INSURER B : Travelers Indemnity Co. of Conn 25682 Biggs Cardosa Associates, Inc. INSURER c : XL Specialty Insurance Co . 37885 865 The Alameda San Jose, CA 95126 INSURER D: INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THI S IS TO CERTIFY THAT THE POLICIE S OF IN SUR ANC E LISTED BELOW HAV E BEEN ISSUE D TO THE IN SURED NAMED ABOVE FOR THE PO LIC Y PERIOD INDICATED . NOTWITHSTANDING ANY REQUIREMENT, TERM OR CON DITION OF ANY CONTRAC T OR OTHER DOCUMEN T W ITH RESPECT TO WHICH THI S CERTI FI CATE MAY BE IS SUED OR MAY PERTAI N, THE IN SURANCE AFFORDED BY THE POLI CIE S DE SC RIBED HEREIN IS SUBJECT TO ALL THE TERM S, EXC LUSIONS AND CO NDITION S OF SUC H POLICIES . LI MIT S SHOWN MAY HAV E BEEN REDU CED BY PA ID CLAIMS. INSR TY PE OF INSURANCE ADDL SUBR POLICY EFF POLIC Y EXP LIMITS LTR INSR WVD POLIC Y NUMBER i IMM /DD/YYYYl i IMM /00 /YYYY l A X COMMERCIAL GENERAL LIABILITY 6802H141284 09/01/2016 09/01/2017 EACH OCCURRENCE s 1 000 000 -D CLAIMS-MADE [] OCCUR ~~r~ff;H?E~~JilWencel s 1 000 000 MED EXP (Any one person) s 10 ooo -PERSONAL & ADV INJURY s1,000,000 -GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s2,000,000 Fl [] PRO -D LOC s2,000,000 POLICY JE CT PRODUC TS -COMP/OP AGG OTHE R: s B AUTOMOBILE LIABILITY BA4955L513 !09/01/2016 09/01/2017 fE~~r~~~~t?NG LE LI MIT s1 ,000,000 - X ANYAUTO BODILY INJURY (Per pe rson) $ --ALL OWNED SCHEDULED BOD ILY INJURY (Per accidenl) s -AUTOS -AUTOS X X NON-OWN ED PROPERTY DAMAGE s HIRED AUTOS AUTOS /Per accidentl ->--s A X UMBRELLA LIAB Fl OCC UR CUP7177Y078 !09/01/2016 09/01/2017 EACH OCCURRENCE s8 000 000 -EXC ESS LIAB CLA IMS-MADE AGG REGATE S8 000 000 OED I I RETENTION $ $ A WORKERS COMPENSATION UB7650Y233 09/01/2016 09/01/2017 X l~~fTII TF I l~JH -AND EMPLO YERS' LIABILITY YIN ANY PRO PRIETO R/PARTNE R/EXECUT IVE[NJ E.L. EACH ACC IDEN T s1 000 000 OFFICER/MEMBER EXCLUDED? N NIA (Mandatory in NH) E.L. DISEASE -EA EMP LOYEE s1 000 000 If yes, describe under E.L. DISEASE -POLICY LIMIT s1 ,000,000 DESCR IPTI ON OF OPERAT IONS below C Professional DPR9911745 03/01/2017 03/01/2018 $3,000,000 per Claim Liability $5,000,000 Anni Aggr. DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES (A CO RD 101, Additional Remarks Sch edule, may be attached if more space is requir ed ) General Liability Policy excludes claims arising out of the performance of professional services. Re: All Operations of the named insured -Waiver of Subrogation applies to the General Liability and Automobile Liability policy. CERTIFICATE HOLDER CANCELLATION City of Cupertino -SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 10300 Torre Avenue ACCORDANCE WITH THE POLIC Y PROVISIONS . Cupertino, CA 95014 AUTHOR IZED REPRESENTATIVE I ~"--- © 1988 -2 014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) 1 of 1 The ACORD name and logo are registered marks of ACORD #S2018460/M1941215 PA1