06-107, Biggs Cardosa Associates, Inc.
TABLE OF CONTENTS
PAGE
1. DE FIN ITI 0 N S ........ ........... ........ ...... ................ ........ .................... ..........~ ..... ........... ....... .......... ...... ........... .........1
2. TERM OF AGREEMENT ................................................................................................................................1
3. SERVICES CONSULTANT AGREES TO PERFORM................................................................................ 1
4. CO MPENSATI ON ................................................................................................................................... .........1
5. MAXIMUM COSTS. ........... ..... ........... ........ .............. ................ ............. ........... ........... ....... ................ ........ ...... 2
6 . QUALIFIED PERSONNEL .. ........ ........ ........ ........ ........ ................ ...... ............. .................. ............ ........ .......... 2
7 . REPRESENTATIVES FOR BOTH P ARTIES............................................................................................... 2
8. INDEMNIFICATION AND GENERAL LIABILITY...................................................................................2
9. LIABILITY 0 F CITy....... .............................................................. ........................................... ......... ........ ...... 2
10. INDEPENDENT CONTRACTOR ..............................................................................................................2
11. INSURANCE ..... ............................................................................................................................................2
12. SUSPENSION OF SERVICES ....................................................................................................................2
13. TERMIN A TION OF AGREEMENT FOR CAUSE ..................................................................................2
14. TERMINATION OF AGREEMENT FOR CONVENIENCE .................................................................2
15. CONFLICTS OF INTEREST I OTHER AGREEMENTS .......................................................................2
16. PROPRIETARY OR CONFIDENTIAL INFORMATION OF CITY; PUBLICITY............................2
17. NOTICE TO THE PARTIES ......................................................................................................................2
18. OWNERSHIP OF RESULTS I WORKS FOR HIRE ...............................................................................2
19. AUDIT AND INSPECTION RECORDS ....................................................................................................2
20. SUBCONTRACTOR I ASSIGNMENT I CITY EMPLOYEES ...............................................................2
21. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY......................................3
22. DRUG-FREE WORK.PLACE POLICY .....................................................................................................3
23. COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT......................................................3
24. DISPUTES ........................................................... ..............................~...........................................................3
25. AGREEMENT MADE IN CALIFORNIA; VENUE .................................................................................3
26. COMPLIANCE WITH LAWS ....................................................................................................................3
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27. CON S TR U CTI ON .... ......... ...... ................ .............. ........ ..... ........... ............ ............ ............ .............. ............. 3
28. MISCELLANEOUS....... ......... ......... ........... ....... .......................... ............. ....................... ............. ....... .... ..... 3
29. ENTIRE AGREEMENT; MODIFICATIONS OF AGREEMENT .........................................................3
30. SURVIV AL OF CERTAIN PROVISIONS ................................................................................................3
31. LIST OF APPENDICES AND SCHEDULES ............................................................................................3
32. ADMINISTRATIVE REQUIREMENTS ...................................................................................................3
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THE CITY OF CUPERTINO
SECOND AMENDMENT TO
AGREEMENT BETWEEN
THE CITY OF CUPERTINO
AND
BIGGS CARDOSA ASSOCIATES, INC.
THIS SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT ("Agreement") is
dated this 5111 day of -J(Jnv (l ri ?LX> 7, ZOO6, in the City of Cupertino, State of California, by and between
Biggs Cardosa Associates, Inc., hereinafter referred to as ("Consultant") and CITY OF CUPERTINO, hereinafter
referred to as ("City").
Recitals
WHEREAS, CITY and CONSULTANT desire to amend the AGREEMENT to modify the basic
agreement, scope of services, and increase the total compensation; and
WHEREAS, the CITY OF CUPERTINO desires to obtain professional consultant services for the Mary
A venue Bicycle Pedestrian Bridge, (hereinafter, PROJECT); and .
WHEREAS, City's rules and regulations authorize City to enter into agreements for professional temporary
services; and
WHEREAS, Biggs Cardosa and Associates has the necessary professional expertise and skills to perform
the professional services required,
Now, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, stipulated and agreed, the parties agree as follows:
1. Definitions
1.1 Unchanged. See Basic Agreement and Amendment No.1
2. Term of Agreement
2.1 All work comprising the Services shall be deemed performed under this Agreement. This Agreement
shall conclude upon the completion of the Project. Services under this agreement are anticipated to commence on or
about June 21, 2005, and be completed April 30, 2008. Actual commence and completion dates are subject to
change by agreement ofthe parties to the Agreement.
3. Services Consultant Agrees to Perform
3.1 See Basic Agreement and Appendix A of this Second Amendment.
4. Compensation
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4.1 See Basic Agreement and Appendix B of this Second Amendment.
5. Maximum Costs
5.1 Unchanged. See Basic Agreement and Amendment No.1
6. Qualified Personnel
6.1 Unchanged. See Basic Agreement and Amendment No.1
7. Representatives for Both Parties
7.1 Unchanged. See Basic Agreement and Amendment No.1
8. Indemnification and General Liability
8.1 Unchanged. See Basic Agreement and Amendment No.1
9. Liability of City
9.1 Unchanged. See Basic Agreement and Amendment No.1
10. Independent Contractor
10.1 Unchanged. See Basic Agreement and Amendment No.1
11. Insurance
11,1 Unchanged. See Basic Agreement and Amendment No.1
12. Suspension of Services
12.1 Unchanged. See Basic Agreement and Amendment No.1
13. Termination of Agreement for Cause
13.1 Unchanged. See Basic Agreement and Amendment No.1
14. Termination of Agreement for Convenience
14.1 Unchanged. See Basic Agreement and Amendment No.1
15. Conflicts ofInterest I Other Agreements
15.1 Unchanged. See Basic Agreement and Amendment No.1
16. Proprietary or Confidential Information of City; Publicity
16.1 Unchanged. See Basic Agreement and Amendment No.1
17. Notice to the Parties
17.1 Unchanged. See Basic Agreement and Amendment No. 1
18. Ownership of Results I Works for Hire
18.1 Unchanged. See Basic Agreement and Amendment No.1
19. Audit and Inspection Records
19.1 Unchanged. See Basic Agreement and Amendment No.1
20. Subcontractor I Assignment I City Employees
20.1 Unchanged. See Basic Agreement and Amendment No.1
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21. Non-Discrimination and Equal Employment Opportunity
21.1 Unchanged. See Basic Agreement and Amendment No.1
22. Drug-Free Workplace Policy
22.1 Unchanged. See Basic Agreement and Amendment No.1
23. Compliance with Americans with Disabilities Act
23.1 Unchanged. See Basic Agreement and Amendment No.1
24. Disputes
24.1 Unchanged, See Basic Agreement and Amendment No.1
25. Agreement Made in California; Venue
25,1 Unchanged. See Basic Agreement and Amendment No.1
26. Compliance with Laws
26.1 Unchanged. See Basic Agreement and Amendment No.1
27. Construction
27.1 Unchanged. See Basic Agreement and Amendment No.1
28. Miscellaneous
28,1 Unchanged. See Basic Agreement and Amendment No.1
29. Entire Agreement; Modifications of Agreement
29.1 Unchanged. See Basic Agreement and Amendment No,l
30. Survival of Certain Provisions
30.1 Unchanged. See Basic Agreement and Amendment No.1
31. List of Appendices and Schedules
31.1 Appendix A: Scope of Services
31.2 Appendix B: Payments to Consultant
31,3 Appendix C: Insurance: Unchanged. See Basic Agreement, Appendix C
31.4 Schedule 6.2: Professional Personnel: Unchanged. See Basic Agreement, Schedule 6.2
32. Administrative Requirements
32.1 Due to state funding on this project, the City and Consultant and all sub consultants
shall comply with the Uniform Administrative Requirements for State and Local
Governments set forth in the Code of Federal Regulations (CFR), Title 49, Part 18. In
addition, the City and Consultant agree to comply with the cost principles and procedures
set forth in Office of Management and Budget Circular A-87. The City and Consultant
agrees that a reference to either Office of Management and Budget (OMB) Circular A-87
of the code of Federal Regulations, Title 49, Chapter 1, Part 31, whichever is applicable,
and the Code of Federal Regulations, Title 49, Part 18, will be included in any
subcontracts entered into as a result of this agreement.
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IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment the day first mentioned above.
"City"
CITY OF CUPERTINO,
Attest:
"Consultant"
BIGGS CARDOSA ASSOCIATES, INC.
1871 The Alameda, Suite 200
San Jose, CA. 95126
4082965515
By
Signature:
~~: ~~S
Title: ~ r ~S "I l-e n~T-
,~dO()7
All of the terms and conditions of the original AGREEMENT and AMENDMENT NO.1, not modified by this
Second Amendment, shall remain in full force and effect.
THIS AGREEMENT SHALL NOT BE VALID OR EFFECTIVE FOR ANY PURPOSE UNLESS AND UNTIL
SIGNED BY THE CITY MANAGER ON BEHALF OF THE CITY COUNCIL.
City Resolution No.
Project No:
file No.
Account Number:
Purchase Order No.
06 - 204
2005 - 9449
74,009.16
428 - 9449 - 9300
31548
Original Contract
Amendment No.1
Amendment No.2
Revised Total
$1,300,000
752,500
470,000
$2,522,500
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APPENDIX "A"
Second Amendment
SCOPE OF SERVICES
MARY A VENUE BICYCLE PEDESTRIAN BRIDGE
CITY OF CUPERTINO, CALIFORNIA
This is an appendix attached to, and made a part of, the Second Amendment to
Professional Services Agreement, THE CITY OF CUPERTINO ("City") and Biggs Cardosa
Associates, Inc. ("Consultant") for the provision of professional services ("Services").
TABLE OF CONTENTS
A. PROJECT DES CRIPTI ON ................................................ ....... ........ ....... ...... ........... ....... .......2
B. C ON S TR U CTI 0 N BUDGET ..... ....... ...................... ............ .................... ............. ...... ........ .....2
C. CRITERIA GOVERNING CONSULTANT'S SERVICE ...................................................2
D. ADMINISTRATIVE, COORDINATION, REPORTING AND SCHEDULING
SERVICES... ....................... .......... ................... ...... II ,... ........ .... II .............. .... ...................... ................2
E. ADA .............................................................................................................................................2
F.
G.
H.
ENVIRO NME NT AL CO MPLIAN CEo ..... ......... ........ ........ .............. ........ ..... ........... .............. 2
D ESI GN STAND ARDS ......... ........................................ ........ ...................................................2
DET AILED WORK PLAN AND SCOPE OF SERVICES ..................................................2
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A. PROJECT DESCRIPTION
Unchanged, See Basic Agreement
B. CONSTRUCTION BUDGET
Bid Dav Bud2et:
Phase 2: The Engineer's Estimate for the construction cost of Phase 2 work, designed by the
Consultant, is Five Million Eight Hundred Thousand Dollars ($5,800,000).
C. CRITERIA GOVERNING CONSULTANT'S SERVICE
Unchanged. See Basic Agreement
D. ADMINISTRATIVE, COORDINATION, REPORTING AND SCHEDULING
SERVICES
Unchanged. See Basic Agreement
E. ADA
Unchanged. See Basic Agreement
F. ENVIRONMENTAL COMPLIANCE.
Unchanged. See Basic Agreement
G. DESIGN STANDARDS
Unchanged. See Basic Agreement
H. DET AILED WORK PLAN AND SCOPE OF SERVICES
This Appendix A, Scope of Services, identifies additional tasks and work to be performed by
Consultant, which are in addition to the tasks identified by the Basic Agreement and Amendment
No.!.
G. T ASK DESCRIPTIONS
TASK 19: Independent Checks and Constructabi Ii ty Revi ew
CONSULTANT to coordinate and provide a complete set of independent structural
calculations that enable Biggs Cardosa to identify problems, verify assumptions, and
make structural adjustments to meet the needs of Caltrans and the Project.
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TASK 20: Time History Analyses
Provide the necessary number oftime history analyses to support the assumptions and
code requirements for seismic design in accordance with the requirements of Caltrans.
TASK 21: Steel Head Design
Provide the necessary design services to convert the tower head from concrete to
articulated steel head with exposed cable connections.
TASK 22: Additional Project Management
Provide the necessary additional project management services to support the additional
project time due to extended Caltrans reviews, wind tunnel reviews, and design issue
reVIeWs.
TASK 23: Residential Fence Modifications
Provide the necessary design services to enable the contractor to bid and build a wooden
trellis to fit on top of the concrete property line wall of Cupertino resident S-l. The
wooden trellis should match the height, material, color and quality of the adjoining
security fence to the north of the property.
TASK 24: Caltrans ROW Soil and Sound Wall Testing
Provide the necessary soil and sound wall environmental testing necessary to meet
Caltrans requirements for an encroachment permit.
TASK 25: Abutment Curtain Wall Design
Provide the necessary design services to study and document for bidding and construction
a screening wall for the bridge abutment piles and beams, at each end of the bridge.
TASK 26: Structural Observation During Construction
Provide industry standard structural engineering observation services during the course of
construction of the bridge. Provide monthly updates of those observations to the
Construction Manager for inclusion in a Project Monthly Report. Provide the City with
an End of Project Report Binder with a copy of the observations made throughout the
construction duration.
TASK 27: Vertical Key Design
Provide the necessary design services to bid and construct alternative steel vertical shear
keys at each tower to meet the necessary uplift restraint criteria for the bridge deck.
END OF APPENDIX "A"
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APPENDIX "B"
Second Amendment
COMPENSATION
MARY A VENUE BICYCLE CORRIDOR
CITY OF CUPERTINO, CALIFORNIA
This Appendix B, Compensation, is attached to, and made a part of, the Second
Amendment to Professional Services Agreement dated THE CITY OF
CUPERTINO ("City") and Biggs Cardosa Associates, Inc. ("Consultant") for the provision of
professional services ("Services").
Basic Agreement Tasks
TASK 1. Phase 1 & 2 Project Management
$200,015
TASK 2. Planning and Preliminary Investigations,
Environmental Studies, Environmental Document,
Project Study Report and Project Report
$326,950
TASK 3. Preliminary Engineering and Preliminary design (35%)
for General Plan Submittals and Bridge Type Selection Meeting
$197,020
TASK 4. Final Design - Unchecked (65%)
$212,580
TASK 5. Final PS&Q - Checked (95%) with Cost Estimate
$162,620
TASK 6. Final PS&E (100%) with Cost Estimate
$93,790
TASK 7. Construction Bidding Services
$9,933
ODC / Reimbursable Expenses
Basic Agreement Task Subtotal
Additional Services
Basic Agreement Total
$22.092
$1,225,000
$75.000
$1,300,000
First Amendment Tasks
TASK 8. Construction Phase Services & Soil Compaction Testing
$260,000
TASK 9. Construction Management Services (NA)
$0
TASK 10. Bridge Construction Inspection Services (NA)
$0
TASK 11. Aerodynamic Assessment Design
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$30,000
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TASK 12. Wind Tunnel Testing
$86,000
$165,000
TASK 13. Bridge Rail Design & Coordination
TASK 14. Bridge Design Criteria
$40,000
TASK 15. Right of Way Certificates
$6,000
TASK 16. Bridge Inspection, Maintenance, & Operations Manual
$135,000
TASK 17. Privacy and Security Fence Design
$8,500
TASK 18. Reconfigure Proiect into Phase 1 and 2
First Amendment Subtotal
$22,000
$752,500
Second Amendment Tasks
TASK 19
Independent Check and Constructability Review
$165,000
TASK 20
Time History Analysis
TASK 21
Steel Head Design
$30,000
$25,000
$67,200
TASK 22.
Additional Project Management
TASK 23
Residential Fence Modifications
$5,000
TASK 24
Caltrans ROW Soil and Sound Wall Testing
$8,350
TASK 25
Abutment Curtain Wall Design
$10,000
TASK 26
Structural Observation During Construction
$70,200
TASK 27
Vertical Key Design
$16,050
ODC / Reimbursable Expenses
Second Amendment Task Subtotal
Additional Services
Second Amendment Total
$23.200
$420,000
$50,000
$470,000
FEE TOTAL SUMMARY
Basic Agreement Tasks & Reimbursable Expenses
First Amendment Tasks & Reimbursable Expenses
Second Amendment Tasks & Reimbursable Expenses
Additional Services
Total Fees
$1,225,000
$752,500
$420,000
$125,000
$2,522,500
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TASKS
CONSULTANT's total cumulative fees for basic services, reimbursable expenses, additional
services, and any other work related to the PROJECT, shall not exceed Two Million Five Hundred
Twenty-two Thousand Five Hundred Dollars ($2,522,500)
The fees per task, listed in this Appendix, are provided as an estimate of the work necessary to
complete each task. Consultant does not have to submit invoices by task nor will task costs be
tracked individually.
Tasks that are not a part of the Basic Agreement, the First Amendment, or the Second Amendment,
are identified by (N/ A).
REIMBURSABLE EXPENSES
CONSULTANT is authorized to receive reimbursement for industry standard expenses incurred in
the course of completing the work for the PROJECT. Some of those expenses include the
following:
. Travel to and from meetings and the construction site at $0.445 per mile
. Parking
. Commercial travel, lodging, & meals required or requested by City
. Copying and printing of PROJECT documents in the course of design or construction
. Copying or printing of electronic and digital media in the course of design or construction
. Business meals authorized by CITY
. Other PROJECT related expenses authorized in writing in advance
ADDITIONAL SERVICES
Work, beyond that which is identified in Appendix A, Scope of Services, may be authorized by the
Director of Public Works, in the form of an Additional Service Directive (AS D), not to exceed a
cumulative total of $125,000. CITY is not responsible for compensating CONSULTANT for work
performed without prior written authorization. The Director of Public Works may also reassign, at
his discretion and in writing, ODC / REIMBURSABLE funds, to any Task in this Agreement.
END OF APPENDIX liB" .
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