Loading...
15-019 Mark Thomas & Company for consultant services, Bubb, Elm, McClellan storm drainage improvement design & construction survey AGREEMENT BETWEEN THE CITY OF CUPERTINO AND MARK THOMAS &COMPANY FOR CONSULTANT SERVICES FOR BUBB,ELM&McCLELLAN ROAD STORM DRAINAGE IMPROVEMENT DESIGN AND CONSTRUCTION SURVEY THIS AGREEMENT,for reference dated January 21,2015,is by and between CITY OF CUPERTINO, a municipal corporation(hereinafter referred to as"City"),and Mark Thomas&Company, a California corporation whose address is 1960 Zanker Road,San Jose,CA(hereinafter referred to as "Consultant"), and is made with reference to the following: RECITALS: A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the Constitution and the statutes of the State of California and the Cupertino Municipal Code. B. Consultant is specially trained,experienced and competent to perform the special services which will be required by this Agreement;and C. Consultant possesses the skill,experience,ability,background,certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein. D. City and Consultant desire to enter into an agreement for storm drain design work and construction staking required to produce bid ready construction documents and construction survey control required to construct the project 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 November 30,2015,unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED: Consultant shall perform each and every service set forth in Exhibit"A" (dated January 21,2015) titled"Proposal for PS&E to Regnart Creek for Elm Court Drainage Improvements",hereinafter referred to as"Scope of Services"which is attached hereto and incorporated herein by this reference. Page 1 of 10 City of Cupertino Bubb,Elm,McClellan Road Storm Drainage Design Agreement 3. SCHEDULE OF PERFORMANCE: The Services of Consultant are to be timely completed so as to facilitate bid documents ready for public advertisement by the end of April 2015. 4. COMPENSATION TO CONSULTANT: The maximum compensation to be paid to Consultant under this agreement shall not exceed One Hundred Thirty Nine Thousand Two Hundred Forty Four Dollars ($139,244). The rate of payment is set out in"Scope of Services". Consultant shall furnish to City a detailed statement of the work performed for compensation during the term of this Agreement. Consultant may submit monthly invoices for interim progress payments during the course of each phase, clearly stating as a minimum the total Contract amount, amount paid to date, percent complete and amount due. 5. TIME IS OF THE ESSENCE: Consultant and City agree that time is of the essence regarding the performance of this Agreement. 6. STANDARD OF CARE: Consultant agrees to perform all services hereunder in a manner commensurate with the prevailing standards of like professionals in the San Francisco Bay Area and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the City nor have any contractual relationship with City. 7. INDEPENDENT PARTIES: City and Consultant intend that the relationship between them created by this Agreement is that of employer-independent contractor. The manner and 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 any loss, damage,liability, costs or expenses arising from any noncompliance of this provision by Consultant. 9. NON-DISCRIMINATION: Consistent with City's policy that harassment and discrimination are unacceptable employer/employee conduct,Consultant agrees that harassment or discrimination directed toward a job applicant, a City employee,or a citizen by Consultant or Consultant's employee or subcontractor on the basis of race,religious creed,color,national origin, ancestry,handicap, disability,marital status, Page 2 of 10 City of Cupertino Bubb,Elm,McClellan Road Storm Drainage Design Agreement 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 Richard Tanaka,Principal in Charge. 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 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, Page 3 of 10 City of Cupertino Bubb,Elm,McClellan Road Storm Drainage Design Agreement 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. 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 paragraphs 12A,B,C,D and E. Such certificates,which do not limit Consultant's indemnification,shall also contain substantially the following statement: "Should any of the above insurance covered by this certificate be canceled 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: (1) Workers' Compensation: Statutory coverage as required by the State of California. (2) Liabilitv: Commercial general liability coverage in the following minimum limits: Bodily Injury: $500,000 each occurrence $1,000,000 aggregate-all other Property Damage: $100,000 each occurrence $250,000 aggregate If submitted,combined single limit policy with aggregate limits in the amounts of$1,000,000 will be considered equivalent to the required minimum limits shown above. (3) Automotive: 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 Liabilitv: Page 4 of 10 City of Cupertino Bubb,Elm,McClellan Road Storm Drainage Design Agreement 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. FAILURE TO SECURE: If Consultant at any time during the term hereof should fail to secure or maintain the foregoing insurance, City shall be permitted to obtain such insurance in the Consultant's name or as an agent of the Consultant and shall be compensated by the Consultant for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid. D. ADDITIONAL INSURED: City, its City Council,boards and commissions,officers, employees and volunteers shall be named as an additional insured under all insurance 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. 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. Page 5 of 10 City of Cupertino Bubb,Elm,McClellan Road Storm Drainage Design Agreement 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 purpose other than those in B(1)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. Page 6of10 City of Cupertino Bubb,Elm,McClellan Road Storm Drainage Design Agreement 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: Mark Thomas&Company 1960 Zanker Road San Jose,CA 95112 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. Page 7 of 10 City of Cupertino Bubb,Elm,McClellan Road Storm Drainage Design Agreement 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 laws, state or federal and all ordinances,rules and regulations enacted or issued by City including,without limitation,the following. A. PREVAILING WAGES:Consultant shall comply with the City's Labor Compliance Program and all other requirements set forth in Labor Code section 1770 et seq.Consultant shall pay prevailing wages.Consultant will submit monthly 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 Consultant B. WORKING DAY:Consultant shall comply with California Labor Code Section 1810,et seq.which provides that work performed by employees of contractors in excess of 8 hours per day,and 40 hours during any one week,must be compensated as overtime, at not less than 1 1/z times the basic rate of pay. C. PAYROLL RECORDS:Consultant shall comply with California Labor Code Section 1776 which requires certified payroll records be maintained with the name, address,social security number, work classification, straight time and overtime hours worked each day and week,and the actual per diem wages paid to each journeyman, apprentice,worker, or other employee employed by him or her in connection with this Agreement.The Payroll Records shall be made available for inspection as provided in California Labor Code Section 1776. D. APPRENTICES:Consultant shall comply with California Labor Code Section 1777.5 regarding apprentices. 22. CONFLICT OF LAW: This Agreement shall be interpreted under, and enforced by the laws of the State of California excepting any choice of law rules which may direct the application of laws of another jurisdiction. The Agreement and obligations of the parties are subject to all valid laws,orders,rules,and regulations of the authorities having jurisdiction over this Agreement(or the successors of those authorities.) Any suits brought pursuant to this Agreement shall be filed with the courts of the County of Santa Clara,State of California. 23. ADVERTISEMENT: Consultant shall not post,exhibit,display or allow to be posted, exhibited, displayed any signs, advertising,show bills,lithographs, posters or cards of any kind pertaining to the services performed under this Agreement unless prior written approval has been secured from City to do otherwise. 24. WAIVER: A waiver by City of any breach of any term,covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term,covenant, or condition contained herein,whether of the same or a different character. Page 8 of 10 City of Cupertino Bubb,Elm,McClellan Road Storm Drainage Design Agreement 25. INTEGRATED CONTRACT: This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto,and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 26. GIFTS: A. Consultant is familiar with City's prohibition against the acceptance of any gift by a City officer or designated employee,which prohibition is found in City Administrative Procedures. B. Consultant agrees not to offer any City officer or designated employee any gift prohibited by the Administrative Procedures. C. The offer or giving of any prohibited gift shall constitute a material breach of this Agreement by Consultant. In addition to any other remedies, City may have in law or equity, City may terminate this Agreement for such breach as provided in Section 19 of this Agreement. 27. INSERTED PROVISIONS: Each provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein,and the Agreement shall be read and enforced as though each were included herein. If through mistake or otherwise,any such provision is not inserted or is not correctly inserted,the Agreement shall be amended to make such insertion on application by either party. 28. CAPTIONS: The captions in this Agreement are for convenience only,are not a part of the Agreement and in no way affect,limit or amplify the terms or provisions of this Agreement. Page 9 of 10 City of Cupertino Bubb,Elm,McClellan Road Storm Drainage Design Agreement P.O.No.. �QC l 3 l IN WITNESS WHEREOF,the parties have caused the Agreement to be executed. CONSULTANT CITY OF CUPERTINO A Municipal Corporation [Name of Consultant] By Nam lGk Q0 B Timm Borden,Director of Public Works '�l Date /'� � S Title �" � Date �j — ��[, Tax I.D.No.: 4 -146/4q v LgjoD .�t tz APPROVED AS TO FORM: Address: G ►1 1���►�vc.e� (�- �j�11Z rol Korade,City Attorney ATTEST: Grace Schmidt,City Clerk 3 Contract Amount4 i 39 _ . co Account No.: 9d/l6 a�3= 90• p0z �f'16 tc.+, S 0 o#)L o:1- Page 1Page 10 of 10 City of Cupertino Bubb,Elm,McClellan Road Storm Drainage Design Agreement MARK THOMAS & COMPANY, INC. Providing Engineering,Surveying and Planning Services January 21, 2015 Mr. Roger Lee Assistant Director of Public Works City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Re: Proposal for PS&E to Regnart Creek for Elm Court Drainage Improvements Dear Roger: We are pleased to submit our scope and budget for the next phase of the Elm Court Drainage Improvement Project which is to implement the parallel pipe system on McClellan Road, install 36" pipe on September Drive to Fiesta Lane to tie into existing 78"pipe. At the downstream end of existing unused 27"pipe, east of SR 85,bubbler inlet will be installed and the two existing parallel pipes will be connected with a 10"pipe for gravity flow out(with backflow device)to ensure that unused parallel pipe can drain out. We will design a flow restriction inlet going into 36"pipe for 5 cfs. Our scope of work would be as follows: 1) Perform field survey to set photo crosses and prepare 1"=40' scale topographic aerial digital mapping. Paint all manhole covers and valve covers (PG&E, AT&T and water). 2) Perform field survey to verify inverts, elevation of curb grades and top of grates. 3) Perform potholing of SCVWD pipeline. 4) Perform hydraulic analysis to determine if more than 5 cfs can be discharged to Regnart Creek. Prepare letter report to be submitted to City and SCVWD. Coordinate with SCVWD to come to a consensus of the allowable discharge to Regnart Creek. 5) Prepare draft plans, specification and estimates for City's review(approximately 65%PS&E completion) 6) Coordinate with UP for submittal of final plans per UP Encroachment Permit. 7) Update plans, specifications and estimates for bid purpose. Provide City with the one signed final original mylars. 8) Coordinate with Caltrans. Submit final PS&E and letter transmittal to Caltrans for the notification of the proposed project. 9) Coordinate and assist City with the bidding process. 10)Provide construction staking services and design oversight during construction. Design Phase: Project Manager 60 hrs @ $275.00 16,500.00 Project Engineer 222 hrs @ $162.00 35,964.00 Cupertino Storm -Regnart Creek Discharge Scope Page 1 Design Engineer 230 hrs @ $122.00 28,060.00 Survey Crew 60 hrs @ $230.00 13,800.00 Potholing(2) 3,000.00 Radman Aerial Mapping 5,700.00 Subtotal Design Phase Services $103,024.00 Construction Phase: Project Engineer/Surveyor 110 hrs @ $162.00 17,820.00 Survey Crew 80 hrs A $230.00 18,400.00 Subtotal Construction Phase Services $36,220.00 TOTAL $139,244.00 Schedule: 1) Submit 65% PS&E March 5, 2015 2) Submit Final PS&E April 14, 2015 3) Bid Date June 12, 2015 If you have any questions, please contact me. Very Truly Yours, MARK THOMAS & COMPANY, INC. Richard K. Tanaka Cupertino Storm -Regnart Creek Discharge Scope Page 2 ntMARK THOMAS & COMPANY, INC. Providing Engineering,Surveying and Planning Services January 21, 2015 Mr. Roger Lee Assistant Director of Public Works City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Re: Proposal for PS&E to Regnart Creek for Elm Court Drainage Improvements Dear Roger: We are pleased to submit our scope and budget for the next phase of the Elm Court Drainage Improvement Project which is to implement the parallel pipe system on McClellan Road, install 36" pipe on September Drive to Fiesta Lane to tie into existing 78"pipe. At the downstream end of existing unused 27"pipe, east of SR 85, bubbler inlet will be installed and the two existing parallel pipes will be connected with a 10"pipe for gravity flow out(with backflow device)to ensure that unused parallel pipe can drain out. We will design a flow restriction inlet going into 36"pipe for 5 cfs. Our scope of work would be as follows: 1) Perform field survey to set photo crosses and prepare I"=40' scale topographic aerial digital mapping. Paint all manhole covers and valve covers(PG&E, AT&T and water). 2) Perform field survey to verify inverts, elevation of curb grades and top of grates. 3) Perform potholing of SCVWD pipeline. 4) Perform hydraulic analysis to determine if more than 5 cfs can be discharged to Regnart Creek. Prepare letter report to be submitted to City and SCVWD. Coordinate with SCVWD to come to a consensus of the allowable discharge to Regnart Creek. 5) Prepare draft plans, specification and estimates for City's review(approximately 65%PS&E completion) 6) Coordinate with UP for submittal of final plans per UP Encroachment Permit. 7) Update plans, specifications and estimates for bid purpose. Provide City with the one signed final original mylars. 8) Coordinate with Caltrans. Submit final PS&E and letter transmittal to Caltrans for the notification of the proposed project. 9) Coordinate and assist City with the bidding process. 10)Provide construction staking services and design oversight during construction. Design Phase: Project Manager 60 hrs @ $275.00 16,500.00 Project Engineer 222 hrs @ $162.00 35,964.00 Cupertino Storm -UP Crossing Scope Page 1 Design Engineer 230 hrs @ $122.00 28,060.00 Survey Crew 60 hrs @ $230.00 13,800.00 Potholing(2) 3,000.00 Radman Aerial Mapping 5,700.00 Subtotal Design Phase Services $103,024.00 Construction Phase: Project Engineer/Surveyor 110 hrs @ $162.00 17,820.00 Survey Crew 80 hrs (a� $230.00 18,400.00 Subtotal Construction Phase Services e $36,220.00 TOTAL $139,244.00 Schedule: 1) Submit 65%PS&E March 5, 2015 2) Submit Final PS&E April 14, 2015 3) Bid Date June 12, 2015 If you have any questions,please contact me. Very Truly Yours, MARK THOMAS & COMPANY, INC. Richard K. Tanaka Cupertino Storm -UP Crossing Scope Page 2 ACo® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) Illh. � 112/16/2014 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(les)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 CONTACT NAME: David C. Eckman Dealey, Renton&Associates PHONE 510 465-3090 Fax P. O. Box 12675 Oakland, CA 94604-2675 E-MAIL INSURERS AFFORDING COVERAGE NAIC# INSURERA:XL Specialty Insurance Co. 37885 INSURED MARKTHOMA INSURER B: Mark Thomas&Company, Inc. INSURER C: 1960 Zanker Road INSURER D: San Jose, CA 95112 408 453-5373 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:399229184 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 TYPE OF IN ADDLSUBR POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER MM/DD/YYYYI (MM/DDfYYYYI LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADEEl OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: PRO- GENERAL AGGREGATE $ POLICY 71JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: AUTOMOBILE LIABILITY Ea accident IT $ ANY AUTO BODILY INJURY(Per person) $ ALL OWNED L SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE - E AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ N/A E.L.EACH ACCIDENT $ OFFICER/MEM BER EXCLUDED? (Mandatory in NH) If yes,describe under E.L.DISEASE-EA EMPLOYEE $ DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1 $ A Professional Liability DPR9717224 /1/2014 /1/2015 $1,000,000 Per Claim $1,000,000 Ann[Aggregate DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Ref: MTC's Job#CU-14116 Elm Court Drainage Improvements. CERTIFICATE HOLDER CANCELLATION 30 Day NOC/10 Day for NonPay of Prem SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Cupertino ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Roger Lee 10300 Torre Avenue AUTHORIZED REPRESENTATIVE Cupertino CA 95014 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 26(2014/01) The ACORD name and logo are registered marks of ACORD DATE ACORD CERTIFICATE OF LIABILITY INSURANCE 12/16/2014) 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 endorsements. Producer License Number: OA91339 CONTACT NAME: (A/C,No,Ext). 866-966-8928 � CAxNo 408-271-1802 Asero Insurance Services E-MAIL 200 N.Almaden Blvd.,3ird Floor ADDRESS: certs@aseroins.Com San Jose,CA 95110 INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A: Travelers Ind.Co.of CT Mark Thomas&Company,Inc. INSURER B: American Fire and Cas.Co. 1960 Zanker Road INSURER C: Travelers Prop.Cas.Co.of America San Jose,CA 95112 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 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 TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MM/DD/YYYY MM/DD EACH OCCURRENCE $ 1,000,000 ®COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 1,000,000 ❑❑CLAIMS-MADE ®OCCUR PREMISES(Ea occurrence) ❑ 6809EO91587 09/15/14 09/15/15 MED EXP(Any one person) $ 10,000 A ❑ PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 ❑POLICY ® PROJECT ® LOC $ ❑OTHER AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ®ANY AUTO (Ea accident) $ 1,000,000 ❑ALL OWNED AUTOS BODILY INJURY(Per Person) $ B ❑SCHEDULED AUTOS BAA56326992 09/15/14 09/15/15 BODILY INJURY(Per Accident) $ ®HIRED AUTOS PROPERTY DAMAGE ®NON-OWNED AUTOS (Per accident) $ ®$500 COMP.DED. 0$1,000 COLL DED. ®UMBRELLA LIAB ® OCCUR EACH OCCURRENCE $ 4,000,000 ❑EXCESS LIAB ❑ CLAIMS-MADE AGGREGATE $ 4,000,000 C CUP009EO95562 09/15/14 09/15/15 ❑DEDUCTIBLE ❑RETENTION $ WORKERS MPENSATION N PER STATUTE L1 OTH- AND EMPLOYERS'LIABILITY U84342T25014 09/15/14 09/15/15 ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $ 1,000,000 OFFICERMIEMBERrEXCLUDEDP ❑ C (Mandatory In NH) NSA E.LDISEASE—EAEMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATION below E.L.DISEASE—POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) RE: CU-14116,Elm Court Drainage Improvements City of Cupertino its City Council,boards and commissions,officers,employees and volunteers are named as additional insureds regarding General Liability and Auto per endorsements attached.Waiver of Subrogation applies to General Liability and Auto per endorsements attached. THIS INSURANCE IS PRIMARY.ANY OTHER INSURANCE AVAILABLE TO THAT PERSON OR ORGANIZATION IS EXCESS AND NON-CONTRIBUTORY WHEN REQUIRED BY CONTRACT. NOTE:30 DAYS NOTICE OF CANCELLATION WILL BE GIVEN EXCEPT 10 DAY FOR NON-PAYMENT. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH City of Cupertino THE POLICY PROVISIONS 10300 Torre Avenue Cupertino,CA 95014 AUTHORIZED REPRESENTATIVE Attention:Roger Lee JJ ACORD 25 2014/01 The ACORD name and logo are registered marks of ACORD 61988.2014 ACORD CORPORATION.All rights reserved. Insured:Mark Thomas&Company,Inc. Commercial General Liability Policy:6809EO91587 CG D3 8109 07 Page 1 of 2 THIS ENDORSEMENT CHANGES THE POLICY.PLREASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERICAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED B. The following is added to Paragraph a.of 4. Other (Section II): Insurance in COMMERCIAL GENERAL Any person or organization that you agree in a LIAIBLITY CONDITIONS (Section IV): "contract or agreement requiring insurance"to However, if you specifically agree in a"contract or include as an additional insured on this Coverage agreement requiring insurance"that the insurance Part but only with respect to liability for"bodily provided to an additional insured under this injury","property damage",or"personal injury" Coverage Part must apply on a primary basis,or caused, in whole or in part,by your acts or primary and non-contributory basis,this insurance omissions or the acts or omissions of those acting on is primary to other insurance that is available to your behalf: such additional insured which covers such a. In the performance of your ongoing operations additional insured as a named insured, and we will b. In connection with premises owned by or rented not share with the other insurance, provided that: to you; or (1) The"bodily injury"or"property damage" c. In connection with"your work" and included for which coverage is sought occurs; and within the"products-completed operations (2) The"personal injury"for which coverage hazard" is sought arises out of an offense committed; Such person or organization does not qualify as an after you have entered into that"contract or additional insured for"bodily injury", "property agreement requiring insurance".But this insurance damage",or"personal injury" for which that person still is excess over valid and collectible other or organization has assumed liability in a contract or insurance,whether primary, excess,contingent or on agreement. any other basis, that is available to the insured when the insured is an additional insured under any other The insurance provided for such additional insured insurance. is limited as follows: d. This insurance does not apply on any basis to C. The following is added to Paragraph 8.Transfer of any person or organization for which coverage Rights of Recovery Against Others To Us in as an additional insured specifically is added by COMMERICAL GENERAL LIABILITY another endorsement to this Coverage Part. CONDITIONS(Section IV): e. This insurance does not apply to the rendering We waive any rights of recovery we may have of or failure to render any"professional against any person or organization because of services". payments we make for"bodily injury","property f. The limits of insurance afforded to the damage",or"personal injury: arising out of"your additional insured shall be the limits which you work"performed by you, or on your behalf,under a agreed in that"contract or agreement requiring "contract or agreement requiring insurance"with insurance"to provide for that additional that person or organization. We waive these rights insured,or the limits showing in the only where you have agreed to do so as part of the Declarations for this Coverage Part,whichever "contract or agreement requiring insurance"with are less. This endorsement does not increase the such person or limits of insurance stated in the LIMITS OF INSURANCE (Section 111)for this Coverage Part. Commercial General Liability CG D3 81 09 07 Page 2 of 2 or agreement under which you are require to include organization entered into by you before,and in a person or organization as an additional insured on effect when,the"bodily injury"or"property this Coverage Part,provided that the"bodily injury" damage"occurs,or the"personal injury"offense is and"property damage"occurs, and the"personal committed. injury is caused by an offense committed: D. The following definition as added to a. After you have entered into that contract or DEFINITIONS(Section V): agreement; "Contract or agreement requiring insurance"means b. While that part of the contract or agreement is that part of any contract in effect; and C. Before the end of the policy period. Insured:Mark Thomas&Company,Inc. Policy No:BAA56326992 COMMERCIAL AUTO CA 88 10 01 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement,the provisions of the policy apply unless modified by the endorsement. COVERAGE INDEX SUBJECT PROVISION NUMBER ADDITIONAL INSURED BY CONTRACT,AGREEMENT OR PERMIT 3 AMENDED FELLOW EMPLOYEE EXCLUSION 5 EXTENDED CANCELLATION CONDITION 23 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US 20 SECTION II—LIABILITY COVERAGE is amended as follows: 1. BROAD FORM INSURED SECTION II—LIABILITY COVERAGE, paragraph A.I.—WHO IS AN INSURED is amended to include the following as an insured: d. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period. However, "insured"does not include any organization that: (1) Is a partnership or joint venture; or (2) Is an insured under any other automobile policy; or (3) Has exhausted its Limit of Insurance under any other automobile policy. Paragraph d.(2)of this provision does not apply to a policy written to apply specifically in excess of this policy. e. Any organization you newly acquire or form, other than a partnership or joint venture, of which you own more than 50 percent of the voting stock. This automatic coverage is afforded only for 180 days from the date of acquisition or formation. However, coverage under this provision does not apply: (1) If there is similar insurance or a self-insured retention plan available to that organization; (2) If the Limits of Insurance of any other insurance policy have been exhausted; or (3) To"bodily injury"or"property damage"that occurred before you acquired or formed the organization. 2. EMPLOYEES AS INSUREDS SECTION II — LIABILITY COVERAGE, paragraph A.1. —WHO IS AN INSURED is amended to include the following as an insured: f. Any "employee" of yours while using a covered "auto" you do not own, hire or borrow, but only for acts within the scope of their employment by you. Insurance provided by this endorsement is excess over any other insurance available to any"employee". g. An "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the"employee". 3. ADDITIONAL INSURED BY CONTRACT,AGREEMENT OR PERMIT SECTION II — LIABILITY COVERAGE, paragraph A.I. —WHO IS AN INSURED is amended to include the following as an insured: h. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract, agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an "insured". However, such person or organization is an"insured": (1) Only with respect to the operation, maintenance or use of a covered"auto"; (2) Only for"bodily injury" or"property damage" caused by an "accident"which takes place after you executed the written contract or agreement, or the permit has been issued to you; and (3) Only for the duration of that contract, agreement or permit 5. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fellow employees are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provision is added: SECTION II — LIABILITY, exclusion B.5. FELLOW EMPLOYEE does not apply if the "bodily injury" results from the use of a covered"auto"you own or hire. 20. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV—BUSINESS AUTO CONDITIONS, paragraph A.5.,Transfer of Rights of Recovery Against Others to Us, is amended by the addition of the following: If the person or organization has waived those rights before an"accident" or"loss", our rights are waived also. COMMMON POLICY CONDITIONS 23. EXTENDED CANCELLATION CONDITION COMMON POLICY CONDITIONS, paragraph A.—CANCELLATION condition applies except as follows: If we cancel for any reason other than nonpayment of premium, we will mail to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. This provision does not apply in those states which require more than 60 days prior notice of cancellation. ©2013 Liberty Mutual Insurance CA 8810 0113 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. TRAVELERS WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 (A) POLICY NUMBER:UB4342T25014 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. The additional premium for this endorsement shall be %of the California workers'compensation pre- mium. Schedule Person or Organization: Job Description ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 09-15-2014 Policy No. UB4342T25014 Endorsement No. Insured: Mark Thomas&Company, Inc. Premium Insurance Company Countersigned by DATE OF ISSUE: - - ST ASSIGN: Page 1 of 1