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15-126 Biggs Cardosa Associates, Inc for estimating funding for Bridge maintenance repairsCITY OF CUPERTINO Master Agreement Consultant Services SERVICE ORDER EXHIBIT "B" ·~(l . < 0\ ,,_<-\ /l MASTER AGREEMENT PO#: 2016-00000205 Service Order No.: 2 Maximum Compensation: $ 5,000.00 Account No.: 100-88-844-700-702 Term: NTP: September 16, 2015 END DATE: March 30, 2016 Approval by: City Manager City Council D D PW Director Item Number: Consultant: Firm Name: Biggs Cardosa Associates, me. Address: 865 The Alameda, San Jose, CA 95126-3133 ~Date: Date: Contact: John Alciati Phone: (408)296-5515 x 1168 PROJECT DESCRIPTION Project Name: Estimating Funding Costs for Bridge Maintenance Repairs cgj. Description: Develop a BPMP funding request that includes a cover letter and BPMP Excel file including total funding costs that will be submitted to Caltrans so the funding can be programmed into the FTIP for FY 15/16. The BPMP Excel file will include funding costs for Bridge Nos. 37C0011, 37C0012, 37C0017, 37C0220, 37C0290, and 37C0431. Prepare a prioritization of the City's bridges to be included in the City's files for any future audits that may be performed by Caltrans. Prepare Request for Authorization (RF A) documents for submittal to Caltrans to request the E-76 authorization to proceed with Preliminary Engineering. D Attachment A: CITY PROJECT MANAGEMENT Managing Department: Public Works Project Manager: Erwin Ching FISCAL/BUDGET Master Agreement Maximum Compensation: Amount: $3,500.00 Master Agreement Amendment: Previously Encumbered on MA: Account No. 100-88-844-700-702 I SO#l Total Encumbered to Date Current unencumbered amount in Master Agreement: $1,500.00 $3,500.00 $3,500.00 $1,500.00 ENCUMBER: Account No. 100-88-844-700-702, Bridge Maint. Repairs, SO#: 2 $1,500.00 Total Encumbered to date: ' $5,000.00 $ 0.00 Master Agreement Balance: Contract Manager:,,..... --+------+-----Date: q .. 17 ,.If City of Cupertino Biggs Cardosa Associates, Inc. Service Order# 2 Page 1of3 FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF CUPERTINO AND BIGGS CARDOSA ASSOCIATES, INC. FOR CONSULTANT SERVICES FOR ESTIMATING FUNDING COSTS FOR BRIDGE MAINTENANCE REPAIRS This First Amendment to the Agreement between the City of Cupertino and Biggs Cardosa, Incorporated, for reference dated S,;r. \Cf, , 2015, is by and between the CITY OF CUPERTINO, a municipal corporation hereinafter "City") and BIGGS CARDOSA ASSOCIATES, INC., a California Corporation ("Consultant") whose address is 865 The Alameda, San Jose, CA 95126-3133 (hereinafter refen-ed to as "Consultant"), and is made with reference to the following: RECITALS: A. On July 30, 2015, an agreement was entered into by and between City and Consultant (hereinafter "Agreement") for estimating funding costs for bridge maintenance repairs. B. City and Consultant desire to modify the Agreement on the tem1s and conditions set forth herein. Develop a BPMP funding request that includes a cover letter and BPMP Excel file including total funding costs that will be submitted to Caltrnns so the funding can be prograrmned into the FTIP for FY 15/16. Prepare a prioritization of the City's bridges to be included in the City's files for any future audits that may be perfonned by Caltrans. Prepare Request for Authorization (RFA) documents for submittal to Caltrans to request the E-76 authorization to proceed with Preliminary Engineering. NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as follows: 1. Paragraph 4 of the Agreement is modified to read as follows: The maximum compensation to be paid to Consultant under this Agreement shall not exceed five thousand dollars ($5,000.00), consisting of three thousand five hundred dollars ($3,500.00) under the original agreement, and one thousand five hundred dollars ($1,500.00) under the amendment to the Agreement. The rate of payment is set out in Exhibit A, titled "Design Fee'', which is attached hereto and incorporated herein. No payment shall be made under this agreement unless authorized by a fully executed Service Order, Exhibit B. The sum of all Service Orders authorized shall not exceed the maximum compensation for this Agreement as defined above. 2. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. (Signatures on the next page) IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed. CONSULTANT Biggs Cardosa Associates, Inc. By4k4rt Stephen Biggs, President Date CJkD5 Tax I.D. No.: 77-0099204 Address: 865 The Alameda San Jose, CA 95126-3133 CITY OF CUPERTINO A Municipal Corporation Date 1kyf ::j I . RECOMMENDED FOR APPROVAL: By~~ Da: lStiii111all, i?etgfileer ATTEST: ~~ ~r Grace Schmidt,tYCiefk Total Amount: $5,000.00 Amendment Amount: $1,500.00 Account No.: BY SERVICE ORDERS ::tA 865 Tr·ie Al21r-c1r:01da San "Jt"1St~, C~A S1t?1f.~6A··3·133 Tek~phor·H'.1 40E:3~2f38-L~:E.2 'l f:'.:'i Facs1rr'li1e 408~-2SH3,..,8 4 ~ -t;+ City of Cupertino 10300 Torre Ave Cupertino, CA 95014 Attention: Mr. Erwin Ching EXHIBIT "A" September 15, 2015 Subject: BPMP Federal Funding Request for City Bridge Maintenance Repairs Dear Envin: Biggs Cardosa Associates, Inc. is pleased to submit the following proposal to provide structural engineering services on the subject project. Based on previous discussions and email correspondence, it is our understanding that the scope of services includes the following: SCOPE OF SERVICES l. Develop a BPMP funding request that includes a cover letter and BPMP Excel file including total funding costs that will be submitted to Caltrans by 09/30/15 so the funding can be programmed into the FTlP for FY l 5/l 6. The BPMP Excel file will include funding costs for Bridge Nos. 37C0011, 37COOI2, 37COO 17, 37C0220, 37C0290, and 37C0431. 2. Prepare a prioritization of the City's bridges to be included in the City's files-for any future audits that may be performed by Caltrans. 3. Prepare Request for Authorization (RFA) documents for submittal to Caltrans to request the E-76 authorization to proceed with Preliminary Engineering. These RF A documents will be prepared after the federal funds have been programmed into the FTTP. It is anticipated that the federal funds will be programmed in the FTIP by the end of November 2015. ASSUMPTIONS The following assumptions were made in generating this design proposal: A. Site visits to field verify all bridge maintenance items will not be needed. We will develop the federal funding costs and request based on reviewing the Caltrans bridge inspection reports for bridge maintenance items eligible for federal reimbursement. SCHEDULE OF PERFORMANCE This scope of services will be completed by December 3 l, 2015. DESIGN FEE We propose to provide the design scope of services outlined in this proposal on a fixed fee basis not to exceed $1,500 including expenses, without prior authorization. We thank you for the opportunity to submit this proposal, and look forward to working with you on this project. If you have any questions or require clarification, please do not hesitate to give me a call. BIGGS CARDOSA ASSOCIATES, INC. ffe4~-... ?6?~ John Alciati, PE Senior Engineer ------------B:A-'f--------------------- ::JA CITY OF CUPERTINO EXHIBIT "B" Master Agreement Consultant Services SERVICE ORDER MASTER AGREEMENT PO#: 2016-00000205 Service Order No.: 2 Maximum Compensation: $ 5,000.00 Account No.: 100-88-844-700-702 Term: NTP: September 16, 2015 END DATE: March 30, 2016 Approval by: City Manager City Council D D PW Director Item Number: Consultant: Firm Name: Biggs Cardosa Associates, Inc. Address: 865 The Alameda, San Jose, CA 95126-3133 ~Date: Date: Contact: John Alciati Phone: (408)296-5515 x 1168 PROJECT DESCRIPTION Project Name: Estimating Funding Costs for Bridge Maintenance Repairs IZ] Description: Develop a BPMP funding request that includes a cover letter and BPMP Excel file including total funding costs that will be submitted to Caltrans so the funding can be programmed into the FTIP for FY 15/16. The BPMP Excel file will include funding costs for Bridge Nos. 37C001 l, 37C0012, 37C0017, 37C0220, 37C0290, and 37C0431. Prepare a prioritization of the City's bridges to be included in the City's files for any future audits that may be performed by Caltrans. Prepare Request for Authorization (RF A) documents for submittal to Caltrans to request the E-76 authorization to proceed with Preliminary Engineering. D Attachment A: CITY PROJECT MANAGEMENT Managing Department: Public Works Project Manager: Erwin Ching FISCAL/BUDGET Master Agreement Maximum Compensation: Amount: $3,500.00 Master Agreement Amendment: Previously Encumbered on MA: Account No. 100-88-844-700-702 , SO#l Total Encumbered to Date Current unencumbered amount in Master Agreement: $1,500.00 $3,500.00 $3,500.00 $1,500.00 ENCUMBER: Account No. 100-88-844-700-702, Bridge Maint. Repairs, SO#: 2 $1,500.00 Total Encumbered to date: \ Master Agreement Balance: $5,000.00 $ 0.00 Contract Manager:____,,,__,_ _____ ~ ____ Date: Cf -17,. tr City of Cupertino Biggs Cardosa Associates, Inc. Service Order # 2 Page 1of3 CITY OF CUPERTINO Master Agreement Consultant Services SERVICE ORDER APPROVALS ~ Consillrant: ,_:/_~ ----------------------------------------------- City of Cupertino Biggs Cardosa Associates, Inc. Service Order # 2 Page2 of 3 CITY OF CUPERTINO Master Agreement Consultant Services SERVICE ORDER Appropriation Certification: I hereby certify that an unexpended appropriation is available in the above fund for the above contract as estimated and that funds are available as of this date of signature. City Finance: __________________ Date: _____ _ Agreement P.O. No.: 2016-00000205 Service Order Account No. for Encumbrance: 100-88-844-700-702 Service Order Encumbrance Amount: $ 1,500.00 City of Cupertino Biggs Cardosa Associates, Inc. Service Order # 2 Page 3 of 3 CITY OF CUPERTINO Master Agreement Consultant Services SERVICE ORDER MASTER AGREEMENT PO#: 2016-00000205 Service Order No.: 1 Maximum Compensation: $ 3,500.00 Account No.: 100-88-844-700-702 Term: NTP: August 11, 2015 END DATE: September 20, 2015 Approval by: City Manager City Council D D PW Director Item Number: Consultant: Firm Name: Biggs Cardosa Associates, Inc. Address: 865 The Alameda, San Jose, CA 95126-3133 IZJ Date: Date: Contact: John Alciati Phone: (408)296-5515 x 1168 PROJECT DESCRIPTION Project Name: Estimating Funding Costs for Bridge Maintenance Repairs IZI Description: Review of the as-built plans and Caltrans inspection reports of the bridges which are eligible for the Bridge Preventive Maintenance Program (BPMP) and determine the scope of repairs required for the bridges. Develop preliminary construction cost estimates for each bridge to incorporate the eligible items for federal reimbursement. Develop estimated federal funding costs to include preliminary engineering to develop PS&E documents including environmental services, construction costs, and construction engineering costs that include construction services and inspections. D Attachment A: CITY PROJECT MANAGEMENT Managing Department: Public Works Project Manager: Erwin Ching FISCAL/BUDGET Master Agreement Maximum Compensation: Amount: $3,500.00 Previously Encumbered on MA: Total Encumbered to Date Current unencumbered amount in Master Agreement: $ 0.00 $ 0.00 $3,500.00 ENCUMBER: Account No. 100-88-844-700-702, Bridge Maint. Repairs, SO#: 1 $3,500.00 $3,500.00 $ 0.00, Jjtal Encumbered to date: L . aster Agreement Balance: C t t M / Date·. g -I{ -tr,,.. on rac anager:...,. _ _,~------~~---"> City of Cupertino Biggs Cardosa Associates, Inc. v Service Order # 1 Page 1of3 APPROVALS City of Cupertino Biggs Cardosa Associates, Inc. CITY OF CUPERTINO Master Agreement Consultant Services SERVICE ORDER Service Order It 1 Page 2.of3 CITY OF CUPERTINO Master Agreement Consultant Services SERVICE ORDER Appropriation Certification: I hereby certify that an unexpended appropriation is available in the above fund for the above contract as estimated and that funds are available as of this date of signature. Agreement P.O. No.: 2016-00000205 Service Order Account No. for Encumbrance: 100-88-844-700-702 Service Order Encumbrance Amount:$ 3,500.00 City of Cupertino Biggs Cardosa Associates, Inc. Service Order # 1 Page 3 of 3 L v AGREEMENT BETWEEN THE CITY OF CUPERTINO AND BIGGS CARDOSA ASSOCIATES,INC. FOR CONSULTANT SERVICES FOR ESTIMATING FUNDING COSTS FOR BRIDGE MAINTENANCE REPAIRS THIS AGREEMENT, for reference dated 2015, is by and between CITY OF CUPERTINO, a municipal,corporation (hereinafter referred to: as "City.), and Biggs Cardosa Associates,.Inc., a California Corporation, whose address is 865 The Alameda, San Jose, CA 95126-3133_(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 upon the terms and conditions herein. Review of the as-built plans and Caltrans inspection reports of the bridges which are eligible for the Bridge Preventive Maintenance Program (BPMP) and determine the scope of repairs required for the bridges. Develop preliminary construction cost estimates for each bridge to incorporate the eligible items for federal reimbursement. Develop estimated federal funding costs to include preliminary engineering to develop PS&E documents including environmental services, construction costs, and construction engineering costs that include construction services and inspections. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: Page 1 of 12 Consultant Agreement ZIAA 1. TERM: The term of this Agreement shall commence on the date this agreement is executed and shall terminate on June 30, 2016,unless terminated earlier as set forth herein. 2. . SERVICES TO BE PERFORMED: Consultant shall perform each and every service set forth in Exhibit"A titled-"Scope'of Services" which is attached hereto and incorporated herein by this reference. 3. SCHEDULE OF PERFOMRANCE: The Services of Consultant are to be completed according to the schedule set out in Exhibit "A", titled "Schedule of Performance ", which is attached hereto and incorporated herein by, this reference. 4. COMPENSATION TO CONSULTANT: The maximum compensation to be paid to Consultant under this agreement shall not exceed Three Thousand Five Hundred Dollars ($3,500.00). The rate of payment is set out in Exhibit "A", titled "Design Fee", which is attached hereto and incorporated herein. Consultant shall furnish to City a detailed statement of the work performed for compensation during the term of this Agreement. Consultant may submit monthly invoices for interim progress payments during the course of each phase, clearly stating as a minimum the total Contract amount, amount paid to date, percent complete and amount due. 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 Page 2 of 12 Consultant Agreement AA 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: Deduction's 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 (IBCA): 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, 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. Erwin Ching, Associate Civil Engineer, 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 Page 3 of 12 Consultant Agreement SAA prior written acceptance and approval of the City Project Manager. The designated Consultant Project Manager shall be John Alciati, Senior Engineer. 11. HOLD HARMLESS: Indemnification: 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, whether physical, emotional, consequential or otherwise, arising out, pertaining to, or related to the performance of this Agreement by Consultant or Consultant's employees, officers, officials, agents or independent contractors. Such costs and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation. 12. INSURANCE: On or before the commencement of the term of this Agreement, Consultant shall furnish City with certificates showing the type, amount, class of operations covered, 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 or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days' advance written notice to the City of Cupertino by certified mail, 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 licensed to do insurance business in the State of California. Endorsements naming the City as additional insured 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) Liabili : Commercial general liability coverage in the following minimum limits: Page 4 of 12 Consultant Agreement SAAr 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: Comprehensive.automotive liability coverage in the following minimum limits: Bodily Injury: 500,000 each occurrence Property Damage: $100,000 each occurrence or Combined Single Limit: $500,000 each occurrence 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 comprehensive 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 comprehensive 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 I overages, except any professional liability insurance, required by this Agreement. The naming of an additional insured shall not affect any recovery to Page 5 of 12 Consultant Agreement I AA which such additional insured would be entitled under this policy if not named as such additional insured. 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. 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 Page 6 of 12 Consultant Agreement 3AA 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. REPORTS: A. Each and every report, draft, work product, map, record and other document,hereinafter collectively referred to as "Report", reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement, shall be the exclusive property of City. Consultant shall not copyright any Report required by this Agreement and shall execute appropriate documents to assign to City the copyright to Reports created pursuant to this Agreement. Any Report, information and data acquired or required by this Agreement shall become the property of City, and all publication rights are reserved to City. Consultant may retain a copy of any report furnished to the City pursuant to this Agreement. B. All Reports prepared by Consultant 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. Consultant shall, at such time and in such form as City may require, furnish reports concerning the status of services required under this Agreement. D. All Reports required to be provided by this Agreement shall be printed on recycled paper. All Reports shall be copied on both sides of the paper except for one original, which shall be single sided. E. No Report, information or other data given to or prepared or assembled by Consultant pursuant to this Agreement shall be made available to any individual or organization by Consultant without prior approval by City. F. Electronic and hard copies of Consultant's work product shall Page 7 of 12 Consultant Agreement SAA constitute the Project deliverables. Plans to be in CAD and PDF formats, and other documents to be in Microsoft Word and PDF formats. City holds Consultant harmless for any modifications to the documents. 18. RECORDS: Consultant shall maintain completeand 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 therefrom 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: Erwin Ching Page 8 of 12 Consultant Agreement JAA All notices, demands, requests, or approvals from City to Consultant shall be addressed to Consultant at: Biggs Cardosa Associates, Inc. 865 The Alameda San Jose, CA 95126-3133 Attention:John Alciati 20. TERMINATION: In the event Consultant fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Consultant shall be deemed in default in the performance of this Agreement. If such default is not cured within the time specified after receipt by Consultant from City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, City may terminate the Agreement forthwith by giving to the Consultant written notice thereof. City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. In the event of termination, Consultant shall deliver to City, copies of all reports, documents, and other work performed by Consultant under this Agreement. 21. COMPLIANCES: Consultant shall comply with all state or federal laws and all ordinances, rules and regulations enacted or issued by City. 22. 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. Page 9 of 12 Consultant Agreement ZIAA 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. 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. Page 10 of 12 Consultant Agreement 3AA 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 11 of 12 Consultant Agreement P.O. No.: IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. CONSULTANT CITY OF CUPERTINO Biggs Car s. A ociates, Inc. A Municipal Corporation By By ; V 1 ;4 Name: Stephen Biggs, President Timm Borden,Director of Public Works Date Date Tax I.D. No.: -1'7® 0t)qa 2.® APPROVED AS TO FORM: Address: 865 The Alameda San Jose, CA 95126-3133 I LA Carol Korade, City Attorney ATTEST: r Grace Schmidt, City Clerk Contract Amount: $3,500.00 Account No. : 100 -99 o 944 100 707, Page 12 of 12 Consultant Agreement TAA BIGGBCARDOBAk AMBSOCIATEB IPJC I-IT ASTRUCTURALENGINEERS 865 -rha Alamada Sar, Jose. -CA 95126-3133 Telephone 406-2e6-5515 July 15,2015 Fecsimlle 406-296-8114 City of Cupertino 10300 Torre Ave Cupertino, CA 95014 Attention: Mr.Erwin Ching Subject: Estimated Funding Costs for Bridge Maintenance Repairs Using Federal Funding Dear Erwin: Biggs Cardosa Associates,Inc. is pleased to submit the following proposal to provide structural engineering services on the subject project. Based on previous discussions and email correspondence, it is our understanding that the scope of services includes the following: SCOPE OF SERVICES 1. Reviewing the bridge as-built plans and Caltrans inspection reports, and determine items eligible for federal reimbursement for each bridge through the Bridge Preventive Maintenance Program(BPMP). The City has 7 bridges on the Caltrans Local'Agency Bridge Listing that are eligible for BPMP funding(Br.No. 37CO011, 3700012, 37CO017, 37CO220, 37CO290,37CO291, and 37CO431). 2. Develop preliminary construction cost estimates for each bridge to incorporate the eligible items for federal reimbursement. 3. Develop estimated federal funding costs to include preliminary engineering to develop PS&E documents including environmental services,construction costs, and construction engineering costs that include construction services and inspections. 4. Our deliverable to the City will be a spreadsheet showing the total federal funding costs for each bridge, as well as the federal and City shares. The federal project would group all bridges into one project. As discussed,the City originally was evaluating the needs to perform bridge maintenance repairs on Br.No. 37CO011 and 37CO220 only, and using local funds to do these repairs. Upon my brief review of the Caltrans inspection reports,there is an opportunity to address additional bridge maintenance items on the other bridges through federal reimbursement through the BPMP. The City will use the spreadsheet developed to evaluate pursuing a project with federal reimbursement or using local funds. ASSUMPTIONS The following assumptions were made in generating this design proposal: JAA A. Site visits to field verify all bridge maintenance items will not be needed. We will develop the federal funding costs based on reviewing the Caltrans bridge inspection reports for bridge maintenance items eligible for federal reimbursement. B. This proposal does not include preparing federal funding requests to be submitted to Caltrans. If the City decides that federal funding will be pursued,BCA can provide a proposal to assist the City to develop the federal funding request documents. Federal finding request documents need to be submitted through the Caltrans District Local Assistance Engineer by September 30 so it can be programmed into the next federal fiscal year(October 1 through September 30). SCHEDULE OF PERFORMANCE This scope of services will be completed within 30 days of notice to proceed. DESIGN FEE We propose to provide the design scope of services outlined in this proposal on a fixed fee basis not to exceed $3,500 including expenses,without prior authorization. We thank you for the opportunity to submit this proposal,and look forward to working with you on this project. If you have any questions or require clarification,please do not hesitate to give me a call. BIGGS CARDOSA ASSOCIATES,INC. John Alciati,PE Senior Engineer AGREED TO BY DATE AA