00-067 Winzler & KellyP. O. #
CONTRACT AMOUNT $74,950.00
ACCOUNT NO.
Af RF.F,MF;NT
THIS AGREEMENT, made and entered into tl•~is'~day of ~ 2000, by and between the
CITY OF CUPERTINO, a municipal corporation of California, her inafter referred to as "CITY", and
Winzler & Kelly Consulting Engineers, a consulting; firm with offices at 200 Pine Street, Suite 600, San
Francisco, CA 94104-2709, hereinafter referred to ;~s "CONSULTANT";
WITNI;SSETH:
WHEREAS, CITY desires to retain traffic engineering services in conjunction with Bollinger Road
Bicycle Facility Improvement Project; and
WHEREAS, CITY desires to engage CONSULTANT to provide these services by reason of its
qualifications and experience for performing such services, and CONSULTANT has offered to provide
the required services on the terms and in the manner set forth herein;
NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree as
follows:
DEFINITIONS.
(a) The word "City" as used in this agreement shall mean and include all the territory
lying within the municipal boundaries of the City oi' Cupertino, California, as presently existing, plus all
territory which may be added thereto during the term of this agreement by annexation or otherwise.
(b) The term "City Manager" shall mean the duly appointed City Manager of the City of
Cupertino, California, or his designated representative.
(c) The term "City Attorney" shall mean the duly appointed City Attorney of the City of
Cupertino, California, or his designated representative.
(d) The term "City Clerk" shall mean the duly appointed City Clerk of the City of
Cupertino, California, or her designated representative.
2. CONSULTANT CONTRACT ADPvIINISTRATION.
(a) Cam. The City Manager shall be representative of CITY for all purposes under
this agreement. RAYMOND CHONG is hereby de;~ignated as the CONTRACT ADMINISTRATOR for
the City Manager and shall supervise the progress and execution of this agreement.
(b) Consultant. CONSULTAI~ T shall assign a PROJECT MANAGER to have
overall responsibility for the progress and execution. of this agreement for CONSULTANT. Michael
Kincaid is hereby designated as the PROJECT MATIAGER. Should circumstances or conditions
subsequent to the execution of this consultant agreement require a substitute PROJECT MANAGER for
any reason, the PROJECT MANAGER designee shall be subject to the prior written acceptance and
approval of the CONTRACT ADMINISTRATOR.
3. DESCRIPTION OF WORK.
(a) Services to be Furnished, CnNSi1T,TANT shall provide all specified services as
set forth in the following documents:
(1) CONSULTANT's `'Revision 2 of Proposal, Bollinger Road Bicycle
Facility Improvement Project", dated April 12, 2000, attached as Exhibit A.
(b) Laws to be Observed. COI\fSULTANT shall:
(1) Procure all permits and licenses, pay all charges and fees, and give all
notices which may be necessary and incident to the Niue and lawful prosecution of the services to be
performed by CONSULTANT under this agreement.
(2) Keep itself fully informed of all existing and future federal, state, and
local laws, ordinances, regulations, orders, and decrees which may affect those engaged or employed
under this agreement, any materials used in CONSULTANT's performance under this agreement, or the
conduct of the services under this agreement.
(3) At all times, exerci:;e due professional care to observe and comply with,
and cause all of its subconsultants and employees, ii' any, to observe and comply with all of said laws,
ordinances, regulations, orders, and decrees mentioned above;
(4) Immediately report to the CONTRACT ADMINISTRATOR in writing
any discrepancy or inconsistency it discovers in said laws, ordinances, regulations, orders, and decrees
mentioned above in relation to any plans, drawings, specifications, or provisions of this agreement.
(c) Release to Reports and Information. Any reports, information, data, or other
material given to, or prepared or assembled by COI`fSULTANT or its subconsultants, if any, under this
agreement shall be the property of CITY following -final payment to CONSULTANT, and shall not be
made available to any individual or organization by CONSULTANT or its subconsultants, if any, under
this agreement without the prior written approval of'the City Manager.
(d) Qualifications of CONSULTANT. CONSULTANT represents that it is
qualified to furnish the services described under this; agreement.
4. TIME OF BEGINNING AND COMPLETION.
CONSULTANT shall begin work after letter of notification has been sent to the CONSULTANT
from the CITY. Work will be completed by December 31, 2001.
5. PAYMENTS.
The basis of payment for the services provided by the CONSULTANT under this
agreement shall be on a time and expenses basis in ;accordance with the CONSULTANT'S Fee Schedule,
attached as Exhibit B.
Total expenditures made under this agreement shall not exceed the sum of $74,950.00.
Page 2
6. RECORDS RETENTION.
Thy ~nNSi1T,TANT's records shall he retained for inspection by the CITY, or their dull
authorized representative for three years after finalpayment to the CONSULTANT.
CONTINGENT FEES.
Covenant Against Contingent Fees. The CONSULTANT warrants that he/she has not
employed or retained any company or person, other than a bona fide employee working for the
CONSULTANT to solicit or secure this agreement, and that he/she has not paid or agreed to pay any
company or person, other than a bona employee, any fee, commission, percentage, brokerage fee, gift, or
any other consideration contingent upon or resulting; from the award or formation of this agreement. For
breach or violation of this warranty, the CITY shall have the right to annul this agreement without
liability, or at its discretion to deduct from the agreement price or consideration, or otherwise recover, the
full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
DESIGN STANDARDS.
The CONSULTANT shall provide services that conform with the appropriate standards
for design or other standards for work performance as stipulated as follows:
(1) Caltrans' Highway Design Manual
(2) Caltrans' Traffic Manual
(3) National Transportation Communications for ITS Protocol
(4) National Intelligent Transportation Systems Architecture
DOCUMENTS.
The CONSULTANT shall document the results of the work to the satisfaction of the
CITY and, if applicable, the State and FHWA. Thi;~ may include preparation of progress and final
reports, plans, specifications and estimates, or similar evidence of attainment of the agreement
objectives.
(a) Ownership of Documents. The tracings, plans, specifications, and maps
prepared or obtained under the terms of the agreem~:nt be delivered to and become the property of the
CITY, and that basic survey notes and sketches, ch~irts, computations, and other data prepared or
obtained under such agreement shall be made avail~ible, upon request, to the CITY without restriction or
limitation on their use except as follows. The CITE' shall hold CONSULTANT harmless against any use
of such notes, sketches, drawings, charts, computations or designs for any use other than the specific
scope of work covered under this agreement.
10. CHANGES IN WORK.
All changes and/or extra work shall be performed and paid for in accordance with the
following:
(a) Only the City Engineer or (:ity Council may authorize extra and/or changed
work. CONSULTANT expressly recognizes that other City personnel are without authorization to either
order extra and/or changed work or waive contract requirements. Failure of CONSULTANT to secure
the Council's or City Engineer's prior written authorization for such extra and/or changed work shall
constitute a waiver of any and all right to adjustment in contract price due to such unauthorized work and
CONSULTANT thereafter shall be entitled to no compensation whatsoever for performance of such
work.
Page 3
(b) If the CONSULTANT is oi'the opinion that any work he has been directed to
perform is heyond the scope of this agreement and constitutes extra work, he shall promptly notify the
CITY of the fact. The CITY shall make a determination as to whether or not such work is, in fact,
beyond the scope of this Agreement and constitutes extra work. In the event that the CITY determines
that such work does constitute extra work, it shall provide extra compensation to the CONSULTANT on
a fair and equitable basis. A supplemental agreement providing for such compensation for extra work
shall be negotiated between the CITY and the CONSULTANT. Such supplemental agreement shall be
executed by the CONSULTANT and be approved by the necessary CITY officials.
(c) In the event CITY determines that such work does not constitute extra work,
CONSULTANT shall not be paid extra compensati~~n above that provided herein and if such
determination is made by CITY staff, said determination may be appealed to the City Council as long as
a written appeal is submitted to the City Manager within five (5) days after the staff's determination is
received by the CONSULTANT. Said written appeal shall include a description of each and every
ground upon which CONSULTANT challenges the staff's determination.
1 I . DELAYS AND EXTENSIONS.
The CITY shall consider an appropriate extension of time in case of unavoidable delays
and for consideration of corresponding warranted a~Ijustments in payment. In the event that the services
called for under this agreement are not completed v~ithin the time specified above, the City Manager shall
have the option to extend the time for completion. "this paragraph does not preclude the recovery of
damages for delay by either party. In no event shall CONSULTANT be responsible for delays from
causes beyond its reasonable control.
12. TERMINATION OR ABANDONMENT.
(a) Right to Suspend or Terminate. Either party may suspend or terminate this
agreement for any reason by giving thirty (30) days' written notice. Upon receipt of such notice
CONSULTANT shall immediately discontinue his l~erformance under this agreement. The City Manager
shall have the authority to suspend this agreement, wholly or in part, for such period as he deems
necessary due to unfavorable conditions or to the failure on the part of the CONSULTANT to perform
any provision of this agreement.
(b) Payment. Upon such suspension or termination, CONSULTANT shall be paid
for all services actually rendered to CITY to the date of such suspension or termination; provided,
however, if this agreement is suspended or terminated for fault of CONSULTANT, CITY shall be
obligated to compensate CONSULTANT only for t!~at portion of CONSULTANT services which are of
benefit to CITY.
(c) Return of Materials. Upon such suspension or termination, CONSULTANT
shall turn over to the City Manager immediately an~~ and all copies of studies, sketches, drawings,
computations, and other data, whether or not completed, prepared by CONSULTANT or its
subconsultants, if any, or given to CONSULTANT or its subconsultants, if any, in connection with this
agreement. Such materials shall become the permanent property of CITY. CONSULTANT, however,
shall not be liable for CITY's use of incomplete marerials or for CITY's use of complete documents if
used for other than the project contemplated by this agreement.
Page 4
13. REMEDIES
I Jron a hreach or default of any of -the terms or obligations of this Agreement by
CONSULTANT, the CITY shall be entitled to exer~~ise all rights and remedies hereby reserved under this
agreement or made available under applicable laws,
14. RESPONSIBILITY FOR CLAIMS AND LIABILITY (INDEMNIFICATION).
CONSULTANT hereby agrees to indemnify and save harmless CITY, its officers,
agents, and employees of and from:
(a) Any and all damages to or ~~estruction of the property of CITY, its officers,
agents, or employees occupied or used by or in the :are, custody, or control of CONSULTANT caused
by any negligent act, error, or omission of CONSULTANT or any subconsultant under this agreement or
of CONSULTANT'S or any subconsultant's emplo~~ees or agents.
(b) Any and all claims and demands which may be made against CITY, its officers,
agents, or employees by reason of any injury to or death of or damage suffered or sustained by any
employee or agent of CONSULTANT or any subconsultant under this agreement, to the extent that the
above are caused by the negligent acts, errors, or omissions of CONSULTANT, excepting, however, any
such claims and demands which are the result of the; sole negligence or willful misconduct of CITY, its
officers, agents, or employees.
(c) Any and all penalties impo;~ed or damages sought on account of the violation of
any law or regulation or of any term or condition of any permit by CONSULTANT to the extent that the
above are caused by the negligent acts, errors, or omissions of CONSULTANT.
(d) The CONSULTANT is not responsible for the accuracy of data from any other
sources or from conclusions reached as a result of utilizing information supplied by third persons.
(e) The CITY agrees to provide legal defense to challenges of the adequacy and
completeness of the services provided. The CONSULTANT shall assist the CITY in responding to such
challenges. If it is subsequently ruled by a court of jurisdiction that errors of facts, procedures, or scope
have occurred and that these errors and/or omissions were the result of the CONSULTANT's own
negligent professional services, then the CONSULTANT shall be responsible for providing whatever
remedies may be required to make the analysis adequate and complete.
15. GENERAL COMPLIANCE WITH LAWS AND WAGE RATES.
The CONSULTANT shall comply •a~ith all Federal, State, and local laws and ordinances
applicable to the work. This includes compliance ~•ith prevailing wage rates and their payment in
accordance with California Labor Code, Section 1775.
(a) Subconsultants, Assignment and Transfer. The subcontracting, assignment or
transfer of any of the work, except as otherwise provided for in the executed agreement, is prohibited.
All contracts shall provide that subcontracts exceeding $25,000 in cost shall contain all required
provisions of the prime contract.
(1) Assi ng ment. Both parties shall give their personal attention to the
faithful performance of this agreement and shall not assign, transfer, convey, or otherwise dispose of this
agreement or any right, title, or interest in or to the game or any part thereof without the prior written
consent of the other party, and then only subject to ~;uch terms and conditions as the other party may
require. A consent to one assignment shall not be deemed to be a consent to any subsequent assignment.
Page 5
Any assignment without such approval shall be void, and, at the option of the other party, shall terminate
this agreement and any license or privilege granted herein. This agreement and any interest herein shall
not be assignable by operation of law without the prior written consent of the other party.
(2) Subconsultants; Em l~ ogees. CONSULTANT shall be responsible for
employing or engaging all persons necessary to perform the services of CONSULTANT hereunder. No
subconsultant of CONSULTANT will be recognized by CITY as such; rather, all subconsultants are
deemed to be employees of CONSULTANT, and it agrees to be responsible for their performance.
CONSULTANT shall give its personal attention to the fulfillment of the
provisions of this agreement by all of its employees and subconsultants, if any, and shall keep the work
under its control. If any employee or subconsultant of CONSULTANT fails or refuses to carry out the
provisions of this agreement or appears to be incompetent or to act in a disorderly or improper manner,
he shall be discharged immediately from the work under this agreement on demand of the CONTRACT
ADMINISTRATOR.
(a) Consultant's Endorsement ~~n Plans Specifications, & Estimates/Other Data.
The responsible CONSULTANT/engineer shall sign all plans, specifications, estimates, and engineering
data furnished by him/her and where appropriate, indicated his/her registration number.
16. INSPECTION.
CONSULTANT shall furnish CITE' with every reasonable opportunity for CITY to
ascertain that the services of CONSULTANT are bE;ing performed in accordance with the requirements
and intentions of this agreement. All work done an~I all materials furnished, if any, shall be subject to the
CONTRACT ADMINISTRATOR'S inspection and approval. The inspection of such work shall not
relieve CONSULTANT of any of its obligations to fulfill its agreement as prescribed.
17. INDEPENDENT JUDGMENT.
Failure of CITY to agree with CON SULTANT's independent findings, conclusions, or
recommendations, if the same are called for under this agreement, on the basis of difference in matters of
judgment shall not be construed as a failure on the I-art of CONSULTANT to meet the requirements of
this agreement.
18. NOTICES.
All notices hereunder shall be givers in writing and mailed, postage prepaid, by certified
mail, addressed as follows:
TO CITY: Raymond (:bong
Contract Administrator
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
TO CONSULTANT: Michael Kincaid
Project Manager
Winzler & Kelly
200 Pine Street, Suite 600
San Franci:;co, CA 94104-2709
Page 6
19. INTEREST OF CONSULTANT.
CnN~UT,TANT covenants that it rresently has no interest, and shall not acquire any
interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the
performance of the services hereunder. CONSULTANT further covenants that, in the performance of this
agreement, no subconsultant or person having such .~n interest shall be employed. CONSULTANT certifies
that no one who has or will have any financial interest under this agreement is an officer or employee of
CITY. It is expressly agreed that, in the performance of the services hereunder, CONSULTANT shall at all
times be deemed an independent contractor and not an agent or employee of CITY.
20. INSURANCE.
CONSULTANT, at its sole cost anti expense, shall obtain and maintain in full force and
effect throughout the entire term of this agreement, the insurance coverage of at least an "A" rating as
determined in accordance with the Best's Guide Ratting, and class VII in financial rating, insuring not
only CONSULTANT, but also (with the exception cif workers' compensation and employer's liability
insurance), CITY, its officers, agents, and employees, and each of them with respect to activities and
services performed by CONSULTANT for or on behalf of CITY under the provisions of this agreement.
Certificates of such insurance, on the forms provided by CITY, shall be filed with CITY
concurrently with the execution of this agreement attached as Exhibit C-1 to C-7. With the exception of
professional liability insurance, said certificates shall be subject to the approval of the City Attorney and
shall contain an endorsement stating that said insurance is primary coverage, and will not be canceled or
altered by the insurer except after filing with the City Clerk thirty (30) days written notice of such
cancellation or alteration, and that the City of Cupertino is named as an additional insured. Current
certificates of such insurance shall be kept on file at all times during the term of this agreement with the
City Clerk.
21. WORKERS' COMPENSATION.
CONSULTANT certifies that it is aware of the provisions of the Labor Code of the State
of California which require every employer to be in:cured against liability for workers' compensation or
to undertake self-insurance in accordance with the ~~rovisions of that Labor Code, and it certifies that it
will comply with such provisions before commencing the performance of the work of this agreement.
22. AGREEMENT BINDING.
The terms, covenants, and conditions of this agreement shall apply to, and shall bind the
heirs, successors, executors, administrators, assigns„ and subconsultants of both parties.
23. WAIVERS.
The waiver by either party of any breach or violation of any term, covenant, or condition
of this agreement or any provision, ordinance, or law shall not be deemed to be a
waiver of any other term, covenant, condition, ordinance, or law of or any subsequent
breach or violation of the same or of any other term. covenant, condition, ordinance, or law. The
subsequent acceptance by either party of any fee or other money which may become due hereunder shall
not be deemed to be a waiver of any preceding brea~;h or violation by the other party of any term,
covenant, or condition of this agreement or of any applicable law or ordinance.
Page 7
24. COSTS AND ATTORNEY'S FEE'S.
The prevailing party in any actirn~ hrrnight to enforce the terms of this agreement or
arising out of this agreement may recover its reasonable costs and attorney's fees expended in
connection with such an action from the other party.
25. NONDISCRIMINATION.
No discrimination shall be made in the employment of persons under this agreement
because of the race, color, national origin, ancestry, religion, or sex of such person.
If CONSULTANT is found in violation of the nondiscrimination provisions of the State
of California Fair Employment Practices Act or similar provisions of federal law or executive order in
the performance of this agreement, it shall therE;by be found in material breach of this agreement.
Thereupon, CITY shall have the power to cancel or suspend this agreement, in whole or in part, or to
deduct from the amount payable to CONSULTANT the sum of Twenty-five Dollars ($25) for each
person for each calendar day during which said p~;rson was discriminated against, as damages for said
breach of contract, or both. Only a finding of the State of California Fair Employment Practices
Commission or the equivalent federal agency or officer shall constitute evidence of a violation of
contract under this paragraph.
If CONSULTANT is found in ~~iolation of the nondiscrimination provisions of this
agreement or the applicable affirmative action gu ~delines pertaining to this agreement, CONSULTANT
shall be found in material breach of this agreement. Thereupon, CITY shall have the power to cancel or
suspend this agreement, in whole or in part, or to deduct from the amount payable to CONSULTANT
the sum of Two Hundred Fifty Dollars ($250) for each calendar day during which CONSULTANT is
found to have been in such noncompliance as dam~iges for said breach of contract, or both.
26.
AGREEMENT CONTAINS ALL UNDERSTANDINGS.
This document represents the entire and integrated agreement between CITY and
CONSULTANT and supersedes all prior negotiations, representation, or agreements, either written or
oral. This document may be amended only by written instrument, signed by both CITY and
CONSULTANT. All provisions of this agreement are expressly made conditions. This agreement
shall be governed by the laws of the State of California.
Page 8
~~o~y ~y
~~~ ~~;TINZLERSZKELI Y
C O N S U L T I N G E N G I N E E R S
April 12, 2000
PUS: ,...,.:,~,KS
P9332646.004
Mr. Raymond D. Chong
City Traffic Engineer
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Subject: Revision 2 of Proposal for Bollinger Road Bicycle Facility Improvements
Dear Mr. Chong:
On September 16, 1999, Winzler & Kelly subnutted a letter proposal for engineering services
associated with the subject project. No contral~t award was made for that work and we now
understand from Joe Enke that project funding has been identified and that the City wishes to
proceed. As your representative, Mr. Enke asked that our proposal be revised and updated to
reflect removal of assistance in Permit Acquisil'ion and completing of CEQA Requirements and to
update costs associated with the remaining work. In our September lroposal, the permit assistance
and CEQA work were to be completed by Jana Sokale and included preparation of a categorical
exemption or negative declaration, whichever ~Nas appropriate.
PROJECT REQUIREMENTS
The Bollinger Road Bicycle Facility Improvement project is part of the City of Cupertino's plan to
improve and expand its network of urban bicyc;le trails. The bicycle trail within the City Limits
extends from the Lawrence Expressway west to DeAnza Boulevazd. Most of the trail is already
mazked as a "Class II -Bicycle Lane" and part~:ally signed as such. Bollinger Road crosses
Calabazas Creek, between Miller and Blaney avenues, and the trail is interrupted at this crossing.
The road on both sides of Calabazas Creek ha:. been widened without lengthening the box culverts
that pass under the road, causing bicycle traffic; to merge into the active vehicle lane.
The improvements to be made include limited ;striping upgrades, adding "Bike Lane" signs at
appropriate intervals along the entire route, an~3 accommodating pedestrian and bicycle traffic
across Calabazas Creek.
APPROACH
Winzler & Kelly's approach to identification ol'a cost effective trail improvement will be to evaluate
at least two structural alternatives for the crossing to include ease of construction and construction
cost. The following basic elements of work define the planning and design for this project.
• Trail Markings work will include a,1 inventory of the existing striping and signing along
the route and identification of upgr:~de requirements.
• Crossing Design will include altern~itives analysis, geotechnical investigation (if needed),
topographic surveys (if needed), structure design, and preparation of PS&Es.
Task 1: Field Investigations
On September 14`h Jana Sokale issued a serie;~ of questions to the SCVWD having to do with the
Bollinger Road Bike Trail project. They included a request for topographic survey and
geotechnical data along both sides of Calabazas Creek, just downstream of the SCVWD box
200 Pine Street, Suite 600, San Francisco, CA 94104.2709
tef415.283.4970 fax 4(5.283.4980
sfo ~i!w-and-k.com
www. w-r.nd-k.com
~j WINZLERsZKELLY
C O N S U L T I N G E N G I N E E R S
culverts, and near the north wing walls. At this time, we don't know what response was received.
If the information requested is available and sufficient in scope, we will not need to do additional
survey or geotechnical work. If the informatio~i is not available, we will do the work detailed in the
cost estimate portion of this proposal. If needed, Taber Consultants will do the geotechnical
investigations and foundation determinations associated with the crossing.
Task 2: Calabazas Creek Crossing Concept Z)evelopment
A minimum of two crossing concepts will be e~camined for cost and constructability. The results of
this investigation will be presented to the City of Cupertino for selection of a preferred concept.
We understand that the SCVWD may or may not do anything with the box culvert improvements
currently being considered. The current box configuration cannot accommodate flood flows
entering from the south. Supercritical flow occurs through the box and a hydraulic jump is
manifested just downstream from the box. Design of a new crossing structure at the north end of
the box culvert must consider a soffit elevation that doesn't conflict with flood flow surface
elevations. We recommend one of two actions be taken:
• The SCVWD issue a statement of the maximum water surface elevation in Calabazas
Creek at the proposed bridge site. This elevation will be used as the basis for
determination of the appropriate bridge soffit elevation.
• Our hydrologist will meet with both water district and City staff' to identify an
appropriate assumed soffit elevation for the bridge. If the water district hasn't already
done so, it may be appropriate to rr-odel the flows in and immediately downstream from
the culvert to identify the maximum water surface elevation at the exit from the culvert.
Task 3: Preparation Of Drawings And Specircations
We understand that the City has current aerial photo coverage of the Bollinger Road trail. These
photos will be used as background mapping to locate existing and new striping and signage. Only
the project details, title block, and notes must tie added to create the base map.
Designs will include the widened crossing of Calabazas Creek, new curb, gutter, drainage, and
sidewalk alignment and details. Trail stripings and signage will be shown on the base map. A detail
sheet will contain specifics of signage and stri~~ing and appropriate notes. The limits and extent of
demolition will be shown and restrictions noted. Drawings of the new access crossing of Calabazas
Creek will be prepared and technical specifications prepared in CSI format.
Task 4: Bidding And Construction Support :services
We understand that the our Bidding and Construction Support Services budget is limited to
$8,590. To the extent that funds are available, Winzler & Kelly will assist the City in:
• Selection of the construction contractor including attendance of pre-bid meetings and
answering questions during the bid period.
• Attend apre-construction conferen~:e and progress meetings
• Process contractor submittals
• Make field visits to verify complian~~e with design, and
• Prepare as-built drawings.
The scope of this service will be the subject of discussions between Winzler & Kelly and the City at
the time the full requirements are known.
.~ WINZLERSZKELLY
C O N S U L T I N G E N G I N E E R S
KEY PERSONNEL
Winzler 8c Kelly will have one subconsultant for this work. Taber Consultants will provide
geotechnical engineering for the Calabazas Creek crossing abutment foundations. Their estimate
includes two borings, one at each abutment site.
Michael Kincaid, Project Manager, has 30 years experience in municipal infrastructure planning,
design, and project management. He has managed street and utility rehabilitation projects
throughout Northern California, many of whiclt involved curb, gutter, and sidewalk demolition and
replacement and bridge designs.
John Sprinkle, Project Engineer, has 12 years experience in the design of bridge and marine
structures. Recent and similaz bridge design project experience includes vehicle and pedestrian
bridges in Walnut Creek, Payran and Lakeville bridges in Petaluma and many others.
COST & SCHEDULE
The geotechnical investigation, field survey work, creek crossing alternatives evaluation, and
PS&Es can be completed in about 3 months, plus City and permitting agency review periods, for an
estimated cost of about $75,000. Not knowing the level of construction supervision required for
and undetermined concept, we have budgeted $8,590 for the task. The estimate includes
administrative support to the project and maker allowances for surveying and geotechnical work.
Task Description
1 Field Investigations:
Engineering Field Walls
Topographic Survey
Geotechnical Investigation
Hydrologic Determinations*
2 Concept Development
Aerial Photo Digitizing
Bridge Alternati~~es Evaluation
3 Preparation of Drawing:. & Specifications:
Prepazation of P ~&Es
4 Bidding and Constructicln Support
TOTAL
Fee
$ 800
$ 4,000
$ 9,000
$ 2,500
$ 60
$11,000
$39,000
8 590
$74,950
* Dces not include the cost of hydraulic modeling. [f a model is needed, we will need good topographic data
on the channel at the culvert discharge and for say 200' downstream. We would propose to do the modeling
on a time and materials basis but an earl}~ estimate of that cost would be about $5,000.
Sincerely,
WINZLER & KELLY
t~
J O. Glover, P.E.
05/22/00 MON 14:18 FAX 415 28~ 4980
FEE SC1~E:DULE
w&K CONSULTING ENGINEEN S, a CORPORATION, aw
WINZLEFZs~.~L,LY
C O N s U L T I N I: E N O I N ~ r. n•
San 1'rancisa~ Office
(Effective Ap~ri11999)
Hour 12a~,~es cn
Principal Consultant Level IX, X
VIII
Levels VII $ 145-165
120-135
Associate Consultant
Senior Project Engineer~cientist ,
Levels V, VI 95-115
80-90
Staff Engineer-Scientist
Junior Engineer-Scientist Level IV
Levels I, II, III 50-75
Senior Surveyor Levels V' thru VIII 70-100
35-65
Staff Surveyor Levels I thru IV 135-170~~
Survey Crew (2-person) 240-300cz~
Survey Crew (4person)
Senior Techniician Levels V' thru VIII 70-100
35-65
Staff Technician Levels I thru IV
Senior Draftcr/Designer Levels V thru IX 80-100
50-80
Smg~~/~~~ Levels I thru IV
Support c~~ Levels `' thru VIII 60-80
Support c;~ Levels I thru IV 40-55
m A surcharge to our rates is added for forensic-related services.
n> Actual c7evl- races vary with personnel assigned, and may be superseded by California's prevailing
wage talcs, if applicable.
c3~ Includes word processor operators, clerical staff, etc.
Out-of-Pocket Proiect Ezpenclitares bY_ Winzkr & Ktliy
Actwsl cost plus 15%.
Miscelbaeous In-:House Services
The cost of using equipment and specialized supplies is billed on the basis of employee hours dedicated
to projects. This method is less costly, but less precis,, than billing on the basis of "units of service."
We strive to rnaialtaiu~l fair and competitive rates, desiF;ned to recover our investment in these items
which brnng increased efficiency to employee labor. Instead of billing one rate with no regard to the
types of projects, we have opted to apply four separate rates, such that only those projects utilizing
certain types of equipment are charged. Our rates are:
A. OftYCe consumablcs $4.SO/hr
B. Environmental Department consumabllcs $10.00Jhr
C. Survey consumables $9.OO/lu
D. Envirorunental and Land Surveying equipment Various at market rate
~ 002
INSURANCE FORMS INSTRUCTIONS
FOR ITEMS 3, 4, 5 AND 6, THE FORMS PP:OVIDED BY THE CITY OF CUPERTINO
MUST BE USED. FORMS OTHER THAN TIEIESE WILL NOT BE ACCEPTED.
ALL DOCUMENTS MUST BE ORIGINALS •• SUBMIT IN TRIPLICATE
1. Insurance Agreement - Must be signed by Contractor.
2. Certificate of Insurance to the City of Cupertino -must be completed by the insurance
agent or must provide a certificate on the company's form. They must contain the same
information.
3. Endorsement of Primary Insurance -must be signed by the insurance agent for general
liability and automobile liability only.
4. Additional insured endorsement -must be signed by the insurance agent for general liability
and automobile liability only.
5. Comprehensive general liability/commercial general liability endorsement of aggregate limits
of insurance per project -must be signed by the insurance agent for general liability only.
6. Waiver of subrogation endorsement worker's c-ompensation insurance -must be signed by the
insurance agent for worker's compensation only.
7. Notice of policy cancellation endorsement - nnust be signed by the insurance agent or must
be on the company's certificate of insurance form for all insurances.
;.
ITY Of
CUPEI~TINO INSURANCE AGRIEEMENT
A. Contractor is aware of the provisions of ~~ection 3700 of the Labor Code, which requires
every employer to be insured against liability for worker's compensation or undertake self-
insurance in accordance with the provisions of treat Code, and will comply with such provisions
before commencing the performance of the work of this Contract.
B. Contractor and all subcontractors will carry worker's compensation insurance for the
protection of its employees during the progress o:F the work. The insurer shall waive its rights of
subrogation against the City, the City's officers, agents and employees and shall issue an
endorsement to the policy evidencing same.
C. Contractor shall carry at all times, c-n all operations hereunder, commercial or
comprehensive general liability insurance, automobile liability insurance and builder's all risk
insurance. All insurance coverage shall be in. amounts required by the City and shall be
evidenced by the issuance of a certificate in a form prescribed by the City and shall be
underwritten by insurance companies satisfactory to the City for all operations, sub-contract
work, contractual obligations, product or completed operations, all owned vehicles and non-
owned vehicles. Said insurance coverage obtained by the Contractor, excepting worker's
compensation coverage, shall name the City, its engineer, and each of its directors, officers,
agents and employees, as determined by the I~ity, as additional insureds on said policies.
Insurers must be licensed to do business in the State of California. The Insurers must also have
an "A" policyholder's rating and a financial rati~ig of at least Class VII in accordance with the
,current Best's Guide Rating.
D. Before Contractor performs any work at, or prepares or delivers materials to, the site of
construction, Contractor shall furnish certificates of insurance evidencing the foregoing insurance
coverages and such certificates shall provide thf; name and policy number of each carrier and
policy and that the insurance is in force and will not be canceled or modified without thirty (30)
days written notice to the City. Contractor :;hall maintain all of the foregoing insurance
coverages in force until the work under this Co~ltract is fully completed. The requirement for
carrying the foregoing insurance shall not derogate from the provisions for indemnification of the
City by Contractor under this Contract and for the duration of the warranty period.
Notwithstanding nor diminishing the obligations of Contractor with respect to the foregoing,,
Contractor shall maintain in full force and effect: during the life of this Contract, the following
insurance in amounts not less than the amounts .specified and issued by a company admitted in
California and having a Best's Guide Rating of A, Class VII or better.
Worker's Compensation Liability In accordance with the Worker's Compensation
Act I~f the State of California - $1,000,000 per
occurrence.
c:~~y ~~r
~11p~rC~.nO CEFITlTICATE OF LVS"L~2.4ti CE TO TIiF~ C2TY OF CL~PERTL~v'O
This cer:ifes to the City of Cupertino tlzxt tl:e foll.owi: 3 doscribcd policies have been issued tQ the
insured named below and are in force at ^diis time. ',
Insured: Winzler & Kelly Consulting Engineers
Address' 200 Pine Street, Suite 600
San Francisco, CA 94104
Dese:iptioa of operation/locations/products insured (show contract nerve ardlor n~ber, is a^.y):
~~ -----
WORKER'S COMPENSATION
American Automobile Ins. Co.
* Statutory \2in.
* F.malaycr's
Li~.bility
{name of insu: er)
~ l,ooo,ooo S l,ooo,ooo S l,ooo,ooo
Insurance Company' 4 State; License Na.
Checlc Policy Type: Eac!i Cccu:rence S 1, ooo, o00
CONIpREI~ENSIVI GENIIR.AL
LL4~ILITY
[ ] °"-°~zliscS/Ogcrazi~:.~s Gane:r~.l Ar~~ate ~ 2 , 000 , 000
. ~ ...
(Lf 3rplicsble}
[ ] Own..-rs & Cont:a.ctors
Pratoctivc
[ ~ Ci].1~TaC:1111 fOT S HOC' C
CCI]TraCt
[ 1 P:aduct; Liabili~~
[ j XCU Hazards
[ ~ Droad Form P.D.
[ ~ Severabiiity of Interest
Clause
[ ] Persona! Injury with
Employee Exclusi.cn Removed
or
CO?YLYIERCIAI. GE~vER.~I_ LI,~ILITY
Fireman's
~~Y~JtM
0.~ V Y
Pars coal Injury
Fire Dame (any cna re)
Medical Expe;~se
(any oae person)
Sal: ~I1uur:d
Reczn*ion
Fund Insurance Company
S
1,000,000
S 1,000,000
lo,ooo
S
(!lame ofin~uter) ~ 03/01/01
Policy :vo. MZX80754039 Fxpiratior. Date
Cortiilcate of Insu::ancc Paee 1 of 2
5-04-2000 3.08PM FROM ZUMWALT ENGIN GF20UP 925 830 5023
AUTOMOTIVE/VEI-IICLE LIABILITY BODILY INJURY' PROPERTY' DAMAGE
Commercial Form Each Person Each Accident
Liability Coverage
National Surety Corp.
(name of insurer)
$~ $
Each Accident
$_ or
Combined Single Limit $ 1, 000 , 000
'Policy No. MZA80207311 Expiration Date 03/01/01
~"~-~-- A copy of al! Endorsements to the policy(ies) which in any way
(agent's initial) limit the above-listed types of coverage are attached to this
Certifiicate of Insuran~:e.
This Certificate of Insurance is not an insurance policy and does not amend, extend or alter the
coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or
condition of any contract or any other document with respect to which this Certif Bate of
Insurance znay 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.
IT IS HEREBY CERTIFIED that the above policy(ies) provide liability insurance as required by
the Agreerr~exAt between the City and the insured.
By:
-~Z 'CL.~-----
Dated: Mav 8 ~~2000
David C. Eckman
AttaclYie~erttx'~zcat oI°~nsurance e
end Additional Insured Endorsement on company forms.
P_ 6
Certificate of Insurz~nee Agreement Page Z Of 2
5-04-2000 3:09PM FROM ZUMWALT ENGIN GF?OUP 925 830 5023
I
CUPEFtTINO ENDORSEMENT OF PRIMARY INSURANCE
In consideration of the policy premium and notwithstanding any inconsistent statement in the
policy to which this Endorsement is attached or any other Endorsement attached thereto, it is
agreed as follows:
The insurancc afforded by this policy is primary insurance, and zao additional insurance
held or owned by the designated additional insured~~s) shall be called upon to cover a loss under
said. additional policy.
PO](.ICY INFORMATION
Fireman's Fund Insurance Company (general)
1_ Insurance Company: National Surety Corp. (auto)
MZX80754039 (ger..eral)
2. Insurance Policy Number; rr~ a R n 2 0 7 31 i (a , 01
3. Effective Date of this Endorsement: 03 / O1 / 00 , xl~tx
~,4. Insured: Winzler & Kelly Consulting Engineers
All notices herein provided to be given by the Insurance Company to the City in
connection with this policy and this Additional :[nsured Endorsement, shall be mailed to or
delivered to the City at 10300 Tonle Avenue; Cupertino, California 95014.
1, David C. Eckman (print/type name)
warrant that T have authority to bind the below listed Insurance Company and by my signature
hereon do so bind this Company.
Signature of Authorized Representative: /~ __-..~~ ~----
(Original signature required on all, Endorsements furnished to the District)
Name of
Agent/Agency: Dealey, Renton & Associates
Address: P • 0. Box 12675
Oakland, CA 94604
Title: Executive Account Manage
TelephonE: 510 465 3090
Facsimile: 510 452 2193
P_ 7
Primary Endorsement Page 1 of 1
5-O4-2DD0 3:09PM FROM ZUMWALT ENGIN GF20UP 925 830 5023
0
CUPEi~T1N0
ADDITIONAL INSURED ENDORSEMENT
In consideration of the policy premium and notwithstanding any inconsistent statement in the
policy to which this Endorsement is attached or .any other Endorsement attached thereto, it is
agreed as follows:
The City of Cupertino ("City") and its directors, officers, engineers, agents and employees,
and all public agencies from whom permits will be obtained and their directors, officers,
engineers, agents and employees aze hereby declared to be additional insureds under the terms of
this policy, but only with respect to the operations of the Contractor at or upon any of the
premises of the City in connection with the Contract with the City, or acts or omissions of the
additional insureds in connection with, but limited to its general supervision or inspection of said
operations.
~ POLICY INFORMATION.
Fireman's Fund Insurance Company (general)
1. Insurance Company: Na i onal sur rv eorD . (auto)
MZX80754039 (general)
2. Insurance Policy Number: M7.A8020731 ~ laiito)
3. Effectirre ,pate of this Endorsement: 03 / O1 / 00' x
4'. Insured: Winzler & Kelly Consulting E~zgineers
All notices herein provided to be given by the l:nsurance Company to the City in connection
with this policy and this Additional Insured Endor:~ement, steal] be zhailed to or delivered to the
City at 10300 Tone Avenue; Cupertino, California 95014,
I, David C. Eckman (print/type name)
warrant that I have authority to bind the below listed Insurance Company and by my signature
hereon do so bind this Company.
Signature of Authorized Representative; ~ -----P(._-
(Original signature required on all Endorsement;; furnished to the District)
Names of
Agent/Agency: Dealey, Renton & Associates
Address: P , O .Box 12675
Oakland, CA 94604
Title: Executive Account Manager
Telephone: 510 465 3090
Facsimile: 510 452 2193
P. 8
Additional Insured Endorsement page 1 of 1
i
CUPEi~TINO
COMPREHENSIVE GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
.ENDORSEMENT OF AGGREGATE LIMITS OF INSURANCE PER PROJECT
In consideration of the policy prerniuzn and notwithstanding any inconsistent statement in the
policy to which this Endorsement is attached or any other Endorsement attached thereto, it is
agreed as follows:
This Endorsement modifies the insurance provided under the General Liability Coverage part
of the below-referenced policy of insurance.
The general aggregate limit under LIMITS OF I1~tSURANCE applies separately to the project
described as
I
POLICY INFORMATION
1. Insurance Company: Fireman ` s Fund Insurance Company
'2: Lnsurance Policy Number: Mzx80754039
3. Effective Date of this Endorsement: 03 / O1 / 00
4. Insured: Winzler & Kelly Consulting Engineers
5. Additional Insured: City of Cupertino, its directors, officers, agents and employees.
Al! notices herein provided to be given by the Insurance Company to the City in connection,.
with this policy and this Additional Insured Endorsement, shall be mailed to or delivered to the
City at 10300 Torre Avenue; Cupertino, California 95014.
I, David C. Eckman (printltype name)
warrant that I have authority to bind the below list~:d Insurance Company and by my signature
hereon do so bind this Company.
Signature of Authori2ed Representative: ~y`- -~
(Original signature required on all Endorsements furnished to the District)
Names of
Agent/Agency: Dealev. Renton & Associates ~ Title: Executive Account Manager
Address: p.0.Box..12675 _ Telephone: S10 465 3090
Oakland, CA 94604 Facsimile: 510 452 2193
Aggregate Limits E;~dotsement Page 1 of 1
5-04-2000 3:10PM FROM ZUMWALT ENGIN GF'OUP 925 830 5023 P. 10
CUPER,TINO
WAIVER OF SUBROGATION ENDORSEMENT
WORKER'S COMPENSr~TION INSURANCE
In consideration of the policy premium and not~nrithstanding any inconsistent statement in the
policy to which this Endorsement is attached or any other Endorsement attached thereto, it i<
agreed as follows:
It is agreed that with respect to such insurance: as is afforded by the policy, the Insurance
Company waives any right of subrogation it may require against the City of Cupertino, and eacl:
of its directors, officers, agents, consultants and employees by reason of any payment made on
account of injury, including death resulting therefrom, sustained by any employee of the insured,
arising out of the performance of the above-referenced Contract.
POLIC'Y' INFORMATION
1. Insurance Company: American Automobile Insurance Company
2. Insurance Policy Number: wzP8o814388
3. Effective Date of this Endorsement: 07/01/99
~$X
4. Insured: Winzler & Kelly Consulting Engineers
All notices herein provided to be given by the Lasuranec Company to the City in connection
with this policy and this Additional Insured Endorsement, shall be mailed to or delivered to the
City at 10300 Torre Avenue; Cupertino, California 95014.
I, David C . Eckman (print/type name)
Warrant that I have authority to bind the below list~:d Insurance Company and by my signature
hereon do so bind this Company.
Signature of Authorized Representative: ^'~-
(Original signature required on all Endorsements furnished to the District)
names of
~gent/Agency: DealeY, Renton & Associates- Title: Executive Account Manager
!address: P.O.Box 12675 Telephone: 510 465 3590
_
Oakland, CA 94604 ~~~ Facsimile: 510 452 2193
Subrogation Endors~~~etxt Page 1 of 1
5-04-2000 3-11PM FROM ZUMWALT ENGIN GROUP 925 830 5023
CUPEI~TINO
NOTICE OF POLICY
CANCELLATION ENDORSEMENT
In consideration of the policy premium and notwithstanding any incoztsistent statement in
the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is
agreed as follows:
Cancellation Notice. The insurance afford~:d by this policy shall not be s~sge~e~,
~e~e~; canceled, - ---~~°~°"" ~''`°'°`', except after thirty (30)
days' prior written notice by ~ , ei~rt~e~ has been given to the City of
Cupertino ("City'. Such notice shall be addressed to the City as indicated below.
POLICX INFORMATION
Fireman's Fund Insurance Company (general)
1. Insurance Company: National Surety Cora. (auto)
MZX80754039 (general)
2. Insurance Policy Number: M7Afi0207'I1 1 l ,trQL
3. Effective Date of this Endorsement: 03 / O1 / 00 ~~x
4.' Insured: Winzler & Kelly Consulting Engi~ieers
P. 1 1
All notices herein pxovided to be given by the Insurance Company to the City in connection
with this policy and this Additional Iztsured Endorsement, shall be mailed to or delivered to the
City at 10300 Torre Avenue; Cupertino, California 55014.
I, David C. Eckman (print/type name)
warrant that I have authority to bind the below listed Insurance Company and by my signature
hereon do so bind this Company.
' ---~ ~
Signature of Authorized Representative:
(Original signarure required on al.l Endorsements furnished to the District)
dames of
AgentlAgency; Dealey, Renton & Associates _ Title; Executive Account Manage
I Address:
P.O.Box 12675
Oakland, CA 94604
Telephone: 510 465 3090
Facsimile: 510 452 2193
Cancellation Endorsement Page 1 of ]