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CC Resolution No. 18-066 Approving a Contract with HNTB, Inc. for Professional Design Services for the Don Burnet Bicycle-Pedestrian Bridge, and Amending FY18-19 Annual Operating Budget to Appropriate $219,945RESOLUTION NO. 18-066 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING A CONTRACT WITH HNTB, INC. FOR PROFESSIONAL DESIGN SERVICES FOR THE DON BURNETT BICYCLE-PEDESTRIAN BRIDGE, APPROVING NECESSARY ATTENDANT CONTRACTS TO COMPLETE THE WORK, AND AMENDING FY18/19 ANNUAL OPERATING BUDGET TO APPROPRIATE $219,945 TO PUBLIC WORKS FOR THIS PURPOSE WHEREAS, the City of Cupertino (City), a municipal corporation and general law city duly organized and existing under and pursuant to the laws of the State of California (City) is authorized to enter contracts on its behalf and for the benefit of the City; and WHEREAS, the City completed the formal qualification process to design the Don Burnett Bicycle-Pedestrian Bridge prior to the opening of the bridge in April 2009; and WHEREAS, HNTB, Inc. was selected as the most qualified design engineer; and WHEREAS, HNTB, Inc. has performed an inspection/survey of the Don Burnett Bicycle- Pedestrian Bridge in 2012 and again in 2015; '· WHEREAS, unforeseen issues and the need to conduct a third inspection/survey of the bridge have occurred requiring the additional services of HNTB, Inc.; WHEREAS, staff recommends that HNTB Inc. be retained to conduct additional analysis to resolve bridge pins issues and conduct new bridge inspections and take corrective actions as needed; WHEREAS, an adjustment to FY 2018/19 annual operating budget is necessary to appropriate an additional $219,945 to public works for this contract; NOW, THEREFORE, THE CUPERTINO CITY COUNCIL RESOLVES AS FOLLOWS: 1. The City Manager or designee is authorized to negotiate and enter an agreement with HNTB, Inc. in the amount not to exceed $69,945 for the above-referenced work, from the date of execution through November 1, 2018; CC Resolution No. 18-066 Page 2 2. The City Manager or designee is authorized to negotiate and execute all necessary documents and attendant contracts to complete corrective actions as may be recommended by HNTB, Inc. in an amount not to exceed $150,000; 3. This Resolution No. 18-066 is adopted, amending FY 18/19 Operating Budget to appropriate $219,945 to the Public Works Agency for the Don Burnett Bicycle- Pedestrian Bridge Inspection & Maintenance work. PASS ED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 3rd day of July 2018, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Members of the City Council Paul, Chang, Scharf, Vaidhyanathan None Sinks None APPROVED: Grace Schmidt, City Clerk City of Cupertino 2 I ~ CITY OF 1111 DESIGN PROFESSIONAL SERVICES AGREEMENT (SINGLE) .. WITH HNTB CORPORATION FOR CONSULTANT SERVICES FOR D0l'a CUPERTINO BURNETT BICYCLE FOOTBRIDGE ROUTINE INSPECTION 1. PARTIES This Agreement is made and entered into as of '=31 ':U,1 i ("Effective Date "), by and between the City of Cupertino , municipal corporation ("City"), and HNTB ("Consultant"), a Corooration for the routine inspection , resolution of bridge pins and review of perimeter fencing for the Don Burnett Bicycle Footbridge ("Project"). 2. SERVICES 2.1 Basic Services. Consultant agrees to provide the Basic Services for the Project, which are set forth in detail in the Scope of Services, attached here and incorporated as Exhibit A , and as further specified in Consultant's written Proposal as approved by City, except for any provision in the Proposal which conflicts or is inconsistent with this Agreement and the Exhibits hereto , or as otherwise expressly rejected by City . 2.2 Additional Services. City may request at any time during the Contract Time that Consultant provide additional services for the Project, which are . not already. encompassed , expressly or implicitly , in the Agreement, the Scope of Services , or the Proposal ("Additional Services "). Additional Services must be authorized in writing by City and Consultant will not be paid for unauthorized Additional Services rendered. Addit ional Services are subject to all the provisions applicable to Basic Services, except and only to the extent otherwise specified by City in writing . All references to "Services " in the Agreement include Basic Services and Additional Services , unless otherwise stated in writing. The Services may be divided into separate sequential tasks , as further specified in this Agreement, the Scope of Services, and Consultant 's Proposal. Consultant is solely responsib le for its errors and omissions and those of its subconsultants, and must promptly correct them at its sole expense. Consultant must take appropriate measures to avoid or mitigate any delay , liability, and costs resulting from its errors or omissions. 3. TIME OF PERFORMANCE 3.1 Term. This Agreement begins on the Effectiv e Date and ends on November l, 2018 unless terminated earlier as provided herein ("Contract Time "). 3.2 Schedule of Performance. All Service s must be provided within the times specified in Exhibit B, Schedule of Performance , attached and incorporated here . Con sultant must promptly notify City of any actual or potential delay in providing the Services as scheduled to afford the Parties adequate opportunity to address or mitigate delays. If the Services ar e divided by tas ks , Consultant must begin work on each separate task upon receiving C it y's Notice to Proc eed ("N TO "), and mus t compl ete each task within th e time sp ecified in Exhibit 8 . Ciry Proj ecr Ro /l(in e Inspection , Resolution of Bridge Pins and Review of Pe r ime 1er Fen c ing for D0 11 Bumell Bicycle Foo /bridge Des ign T'rofessional Agreement (s ing le) /Rev . Dec. 20 17 Page I of! 0 3.3 Time is of the essence for the performance of all the Services. Consultant must have sufficient time , resources , and qualified staff to deliver the Services on time. 4. COMPENSATION 4.1 Maximum Compensation . Cit y will pa y Consultant for satisfactory performance of the Basic Services and Additional Services , if approved , a cumulative total amount that will be capped so as not to exceed $69,945 ("Contract Price "), as specified in Exhibit C, Compensation , attached and incorporated here. The Contract Price includes all expenses and reimbursements and will remain in place even if Consultant 's actual costs exceed the capped amount. No extra work or payment is permitted in excess of the Contract Price. 4.2 Basic Services. City will pay Consultant$ N I A ("Lump Sum Price") for the complete and satisfactory performance of the Basic Services in accordance with Exhibit C. The Lump Sum Price is inclusive of all time and expenses , including , but not limited to , subConsultant 's costs , materials, supplies , equipment , travel , taxes , overhead and profit. If the Basic Services are not fully completed, Consultant will be compensated a percentage of the Lump Sum Price proportionate to the percentage of Basic Services that were completed to City 's reasonable satisfaction. 4.3 Additional Services. City has the discretion , but not the obligation, to authorize Additional Services up to an amount not to exceed$ NIA . Additional Services provided to City 's reasonable satisfaction will be compensated on a lump sum basis or based on time and expenses, in accordance will the Hourly Rates and Reimbursable Expenses Schedules included in Exhibit C. If paid on an hourly basis, Consultant will be compensated for actual costs only of normal business expenses and overhead , with no markup or surcharge ("Reimbursable Expenses "). Consultant will not be entitled to reimbursement for copying , printing , faxes , telephone charges , employee overtime, or travel to City offices or to the Project site. 4.4 Invoices and Payments. Monthly invoices must describe the Services completed and the amount due for the preceding month. City will pay Consultant within 30 days following receipt of a properly submitted and approved invoice for Services. The invoice must separately itemize and provide subtotals for Basic Services and Additional Services, and must state the percentage of completion for each task , as specified in Exhibit C. City will notify Consultant in writing of any disagreements with the invoice or the stated percentage of completion of tasks. If the disagreement is unresolved , City will pay Consultant only for the undisputed portion of the Services. Disputed amounts shall be subject to the Dispute Resolution provision of thi s Agreement . a. Time and Expenses. For Additional Services provided on an hourly basis , each invoice must also include , for each day of Services provided : (i) name and title of each person providin g Services; (ii) a succinct summary of the Services performed by each person ; (iii) th e time spent per person , in 30 minut e increments ; (iv) th e hourl y billing ra te or Sub - Consultant charge and payment due ; and (v) an itemized list with amounts and explanation for a ll permitted reimbursabl e expenses . Ci(1· Project Routine In spection , Reso /111io11 of Bridge Pins and Re1·iew of Perimeter Fe ncing fo r Don B11me11 Bicycle Foo tbridge Design Professional Agreement (.v ingle) 1Rev. Dec. 2017 Page 2 of I 0 b. Rates and Receipts. All hourly rates and reimbursable expenses mu st conform to the City- approved rates set forth in Exhibit C, which will be in effect for the entire Contract Time. Each invoice must attach legible , dated receipts for Reimbursable Expenses. 5. INDEPENDENT CONTRACTOR 5.1 Status. Consultant is an independent Consultant and not an employee , partner, or joint venture of the City. Consultant is solely responsible for the means and methods of performing the Services and shall exercise full control over the employment , direction , compensation and discharge of all persons assisting Consultant in performing the Services. Consultant is not entitled to health benefits , worker's compensation, retirement , or any City benefit. 5.2 Qualifications and Standard of Care. Consultant represents on behalf of itself and its subConsultants that they have the qualifications and skills to perform the Services in a competent and professional manner, as exercised by design professionals performing similar services in the San Francisco Bay Area . Services may only be performed by qualified and experienced personnel or subconsultants who are not employed by City and do not have any contractual relationship with City excepting this Agreement. All Services must be performed as specified to City 's reasonable satisfaction. 5.3 Permits and Licenses. Consultant warrants on behalf of itself and any subConsultants that they are properly licensed , registered, and/or certified to perform the Services , as required by law , and that they have procured a valid City Business License . 5.4 SubConsultants. Unless prior written approval from City is obtained, only Consultant 's employees and subConsultants whose names are included in this Agreement and incorporated Exhibits may provide Services under this Agreement. Consultant must require all subConsultants to furnish proofof insurance for workers' compensation , commercial liability , auto , and professional liability in reasonable conformity to the insurance required of Consultant. The terms and conditions of this Agreement shall be binding on all subConsultants relative to the portion of their work . 5.5 Tools, Materials and Equipment. Consultant will supply and shall be responsible for all tools, materials and equipment required to perform the Services under this Agreement. 5.6 Payment of Taxes. Consultant must pay income taxes on the money earned under this Agreement. Upon City 's request, Consultant will provide proof of payment and will indemnify City for any violations pursuant to the indemnity provision of this Agreement. 5. 7 Errors and Omissions. Consultant is solely responsible for its errors and omissions and those of it s SubConsultants , and must take prompt measures to avoid , mitigate, and correct them at its sole expense . 6. PROPRIETARY/CONFIDENTIAL INFORMATION During the Contract Time Consultant may have access to private or confidential information owned or controlled by the City, which may contain proprietary or confidential details , the disclosure of which to third parties may be damaging to City . Consultant shall hold in confidence all City information and use City Pr oject Ro111i11 e ln specrio11. Reso lut io n of fl ridge Pins and Revie w o.l Perim eter Fe11 ci11gfor Don flurn etl Bicycle Foo/bridge Design f'r ofessio11 al Agreement (sing le) 'R ev. Dec. 201 7 Page 3 of 10 it only to perform this Agreement. Consultant sha ll exercise the same standard of care to protect City infon11ation as a reasonably prudent Consultant would use to protect its own proprietary data. 7. OWNERSHIP OF MATERIALS 7.1 Property Rights. Subject to City meeting its payment obligations for the Services , any interest (including copyright interest s) of Consultant in any product, memoranda , study, report , map , plan , drawing , specification , data , record , document, or other information or work , in any medium , prepared by Consultant under this Agreement ("Work Product "), will be the exclusive property of the City and shall not be show n to a third-part y without prior written approval by City 7.2 Copyright. To the extent permitted by Title 17 of U.S. Code , all copyrights to the Work Product prepared/created by Consultant and its SubConsultants and all copyrights in such Work Product shall constitute City property. If it is determined under federal law that the Work Product is not "w orks for hire ", Consultant and SubConsultants hereby assign to City all copyrights to the Work Product when and as created . Consultant may retain copyrights to its standard details , but hereby grants City a perpetual, non-exclusive license to use such details . 7.3 Patents and Licenses. Consultant must pay royalties or license fees required for authorized use of any third party intellectual property, including but not limited to patented , trademarked , or copyrighted intellectual property if incorporated into the Services or Work Product of this Agreement. 7.4 Re-Use of Work Product. Unless prohibited by law and without waiving any rights , City may use or modify the Work Product of Consultant and its SubConsultants to execute or implement any of the following, but Consultant shall not be responsible or liable for City 's re-use of Work Product: (a) For work related to the original Services for which Consultant was hired ; (b) To complete the original Services with City personnel , agents or other Consultants; (c) To make subsequent additions to the original Services; and/or (d) For other City projects . 7.5 Deliverables and Format. Electronic and hard copies of the Work Product constitute part of the Deliverables required under this Agreement , which shall be provided to City on recycled pap er and copied on both sides , except for one single-sided original. Large-scale architectural plans and similar items must be in CAD and PDF formats , and unless otherwise spec ified , other documents must be in Microsoft Office applications and PDF formats. 8. RECORDS 8.1 Consu ltant must maintain complete , acc urate , and detailed accounting record s relating to the Services and Co mpens at ion , in accordance with generally accepted accounting principles and procedures . The records must include detailed information about Consultant 's performance , benchmarks and deliverabl es. The records and supporting document s must be kept separate from other files and maintained for a period of four years from the date of C it y's final payment. 8.2 Consultant will provide City full access to Cons ult ant 's books and records for review a nd audit, to mak e transcripts or cop ies, and to conduct a pre I im inar y exami nation of a ll the work , dat a, docum ent s, proceedings , and act ivities related to thi s Agre ement . If a s upplemental examination or City Projec1 Ro111i11 e /11 specrion. Re soluri on of Bridge Pins and Rel'ie1r of Perim erer Fe11c i11gfor /)011 Burn ell Bicycle Foo rbridge Design Pro.fessio110/ Agreeme111 (si 11gle} !Re ,•. Dec. 2017 Page 4 of IO audit of Consultant 's records di sc loses non-co mpl iance with appropriate internal financial controls , a co ntract breach , or a failure to act in good faith , City will be entitled to recover fr om Consultant the cost s of the supplemental examination. If thi s is a lump sum fee Agreement , City will be pro vided ac cess to record s of reimbursable expenses and the in struments of service/deliverabl es for review and audit. Thi s Section survives th e expiration/termination of thi s Agreement. 9. ASSIGNMENT Co nsultant shall not assign , sublease, hypoth ecate , or transfer this Agreement, or any int eres t therein , directly or indirectly , by operation of law or otherwise, without prior written consent of City. Any attempt to do so will be null and void. Any changes related to the fin an cial control or busin ess nature of Consultant as a legal entity will be consid ered an Assignment subject to City approval , which shall not be unreasonably withheld. For purposes of this provision, control means 50% or more of the voting power of the business entity. This Agreement binds Consultant, its heirs , s ucce sso rs and assignees. 10. PUBLICITY/ SIGNS Any publicity generated by Consultant for the project under thi s Agreement, during the term of this Agreement and for one year thereafter, will reference the City's contributions in making the project possible. The words "City of Cupertino" will be displayed in all pieces of publicity, including flyers , press releases , posters , brochures , public service announcements, intervie ws and newspaper articles. No s igns ma y be posted , exhibited or displaye d on or about City property, except sig nag e required by law or this Agreement, without prior written approval from the City. 11. INDEMNJFICA TION 11.1 To the fullest extent allowed by law and exce pt for losses caused by the sole or active negli ge nce or willful misconduct of City per so nnel , Consultant agrees to indemnify , defend , and hold harmle ss the C it y, its C it y Council , boards and commissions , officers , officials, employees , agents, servants , volunteers and consultants (collectively, "lndemnitees "), as follow s: a. Indemnity Obligations Subject to Civil Code Section 2782.8. With respect to the Services performed in connection with the Agreement , Consultant shall indemnify, defend , and hold harmless lndemnitees from and against any and all liability, claims, actions , causes of action, demands or charges whatsoever against any lndemnitee, including any injur y to or death of any person or damage to property or other liability of any nature (collectively, "Liability"), that arise out of, pertain to, or relate to the negligence , recklessness , or willful misconduct of Consultant, its officers , officials , employees, agents or SubConsultants. Such costs and expenses shall include reaso nable attorney fee s for legal counsel of City's choice, expert fees, and all other costs and fees of liti gatio n. In addition to it s ind e mnity obligation s, De s ign Profe ss ional will provide it s immediate and active cooperation and assistance to the City , at no additional cos t to the C ity, in analyz ing , defending, an d resolving such Liability. b. Claims Involving Intellectual Property. Co nsu ltan t sha ll inde mni fy , defe nd , and hold harml ess lndemnitee s from and against any claim inv o lvin g intellectual property, infrin gement or violation of a United States patent right or co pyrig ht, trade sec ret , trademark , or se rvi ce mark or other proprietary or int e lle ct ual prop erty ri ght s, which arises out of, pertains to , or re lates to Consultant 's City Project Routine In spectio n , Resolulio n of/Jridge Pins and Re viell' of Perimeter Fen cing/or Don /Jum e /1 Bicycle FootbriljJ Design Professional Agreement (single) 1/?ev. Dec. 2017 Pa ge5of l 0 negligence , recklessness , or willful misconduct. Such costs and expenses w ill includ e reasonable attorney fees for legal counsel of City's choice, expert fees and all other costs and fees of litigation. c. Claims for Other Liability. For all other liabilities not included in provisions "b" and "c" above, Consultant shall indemnify, defend , and hold harmless the lndemnitees against any and all liability, claims, actions , causes of action or demands whatsoever, including any injury to or death of any person or damage to property , or other liability of any nature arising out of, pertaining to , or relating to the performance of this Agreement by Design Professional , its employees, officers, officials, agents or subconsultants , including liability based on breach of contract, obligations, or warranties, or any unauthoriz ed use or disclosure of City's confidential and proprietary information. 11.2 Consultant will assist City , at no additional cost , in the defense of any claim , dispute or law s uit arising out of this Agreement. Consultant's duties herein are not limited to or subject to the Contract Price , to Workers ' Compensation claims , or to the Insurance or Bond limits and provisions . Nothing in this Agreement shall be construed to give rise to an implied right of indemnity in favor of Consultant against any Indemnitee. 11.3 If this Agreement is entered into or amended on or after January I , 2018 , Consultant's duty to pay for any of Indemnitees ' defense related costs will be limited to its proportionate share of fault , as determined by final decision by a court of competent jurisdiction , subject to any applicable exceptions in Civil Code section 2782.8. 11.4 Consultant agrees to pay the reasonable costs City may incur in enforcing this provision related to Consultant's indemnification duties , including reasonable attorney fees, fees for legal counsel acceptable to City, expert fees, and all other costs and expenses related to a claim or counterclaim , a purchase order, another transaction , litigation, or dispute resolution. Without waiving any rights, City may deduct money from Consultant 's payments to cover moneys due to City . Section 11 survives expiration or termination of this Agreement. 12. INSURANCE On or before the Contract Time commences , Consultant shall furnish City with proofof compliance with City Insurance Requirements , attached and incorporated here as Exhibit D. City will not execute the Agreement until Consultant has submitted and City has reasonably approved receipt of satisfactory certificates of insurance and endorsements evi dencing the type, amount , class of operations covered, and the effective and expiration dates of coverage. Alternativel y, City may terminate this Agreement or in its sole discretion purchase in surance at Consultant 's expense and deduct costs from payments to Consultant. 13. COMPLIANCE WITH LAWS 13.1 General Laws. Consultant sha ll compl y with all law s and regulations applicab le to this Agreement. Consultant will promptly notify City of changes in the law or other conditions that ma y affect the Project or Consultant's ability to perform. Consultant is responsible for ver ifyi ng the employment authorization of employees performing the Services , as required by the Immi gration Refom1 and Control Act , or other federal or state law , rule or regulation. Ci 1,v Proj ect /1 011 ti11e /11 spec tio 11 . Reso /11tio11 of Bridge !'ins a11d Rel'iew of Perim eter Fe11 ci11gfor Don /Jum ell Bicvc/e Foo tbridge Design l'rofess ionol Ag reemell/ (single) 'Rev. Dec. 20/7 Page 6 of 10 13.2 L abor La ws. Consultant shall comply with all la bor laws applicable to thi s Agreement. If th e Services includ e a "public works " component , Consultant mu st comply with prevailing wage law s under Labor Code Section 1720 and other labor laws . To the extent applicable , Consultant must comply with City 's Labor Compliance Program and with state labor laws pertaining to working da ys , overtime, payroll record s and DIR Registration and Oversight. If the Co ntract Price is $30 ,000 or more, Consultant must compl y with th e apprenticeship requirement in Labor Code Section 1777 .5. 13 .3 Discrimination Laws. Consultant shall not discriminate on the ba s is of race , religious creed , color , ancestry , national ori g in , ethnicity, handicap , disabilit y, marital status , pregnancy, age , sex , gender, sexual orientation , gender identity, Acquired-Immune Deficiency Syndrome (AIDS), or any other protected classification. Consultant shall comply with all anti-discrimination laws , including Government Code Section 12900 and 11135 , and Labor Code Section. 1735 , 1777 and 3077.5. Consistent with City policy prohibiting , Consultant understands that harassment and discrimination by Consultant or any of its subConsultants toward a job applicant, an employee , a City employee , or any other person is strictly prohibited. 13.4 Conflicts of Interest. Consultant shall comply with all conflict of interest laws and regulation s applicable to this Agreement and must avoid any conflict of interest. Consultant warrants that no public official , employee, or member of a City board or commission who might have been involved in the making of this Agreement , has or will receive a direct or indirect financial interest in this Agreement in violation of California Government Code Section I 090 et seq. Consultant ma y be required to file a conflict of interest form if Consultant make s certain governmental dec isions or serves in a staff capacit y, as provided in Section 18700 of the California Code of Regulations and other laws. Services may only be performed by persons who are not employed by City and who do not have any contractual relationship with City, with the exception of this Agreement. Consultant is familiar with and agrees to abide by the City 's rules governing gifts to public officials and employees . 13.5 Remedies. A violation of this Section constitutes a materia l breach and may result in City suspending payments , requiring reimbursement , or terminating this Agreement. City reserves all it s rights and remedies under law and this Agreement , including the right to seek indemnification under Section 11 . Consultant agrees to indemnify, defend , and hold City harmle ss from and against any loss, liability, and expenses arising from noncompliance with thi s Section. 14. PROJECT COORDINATION 14.1 City Project Manager. Th e City's Project Manager for all purpose s under this Ag reement will be Roger Lee , who shall have the authorit y to manage thi s Agreement and oversee the progress and performance of the Services. City in its sole discretion may substitute another Project Manager at an y time and will advise Consultant of the new representative . 14.2 Consultant Project Manager. Subject to C it y's re aso nabl e approval , Co nsultan t's Project Manager for all purpo ses und er this Agreement wi ll be J_o_h_n_L_it_z_in~g~e_r __________ _ who shall be the single representative for Consultant with the authority to man age compliance with thi s Ag re eme nt and oversee th e pro gress and performance of the Se rvic es . This in c lud es re spons ibility for coordinating and scheduling the Services in accordance with City in stru ctio ns , service orders , and th e Schedule of Per fo rmance , and providin g regular update s to the C ity 's Project Manager on the Proje ct statu s, progre ss , and any de lays. C it y written a ppro va l is required pr ior to Co ns ultan t sub stitutin g a new Project Manager , which sha ll result in no ad di t ion a l costs to C it y or Project dela ys. Ciry Proj ect Ro utine In spection, Resolulion of Bridge !'ins 011d Review of Perim eler Fe nc ing/or Don Burne tt Bicycle Footb ridge Desig n l'rofessio110/ Agreeme nl (s ing le) !Re l'. Dec. 20 17 Page 7 of 10 15. ABANDONMENT OF PROJECT Ci ty ma y abandon or postpone the Project with thirt y (30) calendar days written notice to Consultant. Consultant will be compensated for satisfactory Services performed through the date of abandonment and will be given reasonable time to assemble the work and close out the Services. No close out work s hall be conducted without City reasonable approval of closure costs , which may not exceed ten percent (10%) of the total time expended to the date of abandonment. All c harges including job closure costs will be paid in accordance with the provisions of this Agreement and within thirt y (30) da ys of Consultant's final invoice reasonably approved by the City. 16. TERMlNA TJO N City may terminate this Agreement for cause or without cause at any time , following reasonable written notic e to Consultant at least thirty (30) calendar days prior to the termination date. Consultant will be paid for satisfactory Services rendered through the date of termination, but final payment will not be made until Consultant closes out the Services and delivers all Work Product to City. All charges approved by City including job closure costs will be paid within 30 days of Consultant's final invoice . 17. GOVERNING LAW, VENUE AND DISPUTE RESOLUTION This Agreement is governed by the laws of the State of California, excepting any choice of law rules which ma y direct the application of laws of another jurisdiction. Any lawsuits filed related to this Agreement must be filed with the Superior Court for the County of Santa Clara, State of California. Consultant must comply with the claims filing requirements under the Government Code prior to filing a civil action in co urt against City. 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). If a dispute arises, Consultant must continue to provide the Services pending resolution of the dispute. If the Parties elect arbitration, the arbitrator's award must be supported by law and substantial evidence and include detailed written findings of law and fact. 18. ATTORNEY FEES If City initiates lega l action, files a complaint or cross-complaint, or pursues arbitration , appeal or other proceedings to enforce its rights or a judgment in connection with this Agreement , the prevailing party will be entitled to reasonable attorney fees and costs. This Section survives the expiration /termination of this Agreement. 19. THIRD PARTY BENEFICIARIES There are no intended third part y beneficiaries of this Agreement. 20. WAIVER Neit her acceptance of the Services nor payment thereof shall constitute a waiver of an y co ntract provision. City 's waiver of any breach shall not be deemed to constitute waiver of another term , provision , covenant or condit ion , or a sub sequent breach, whether of the same or a different character. City Proj ect · Rourine lmpection . Resolution of Bridge !'ins and Re l'iew of Perim eter Fe n cing/or Don Burnell Bicycle Footbridge De sig n Profess io11a l Agreem em (sing le ) i/?e v. Dec. 201 7 Pa ge 8 o f IO 27. VALIDITY OF CONTRACT This Agreement is valid and enforceable only if it complies with the contract provision s of Cupertino Municipal Code Chapters 3.22 and 3.23 , is signed by the City Manager or authorized designee, and is approved for fonn by th e City Attorney's Offic e. 28. EXECUTION The pers on executing thi s Agreement on behalf of Consultant represents and warrants that Consultant has the right , power, and authority to enter into this Agreement and carry out all action s herein , and that he or she is authorized to execute this Agree ment , which constitutes a legall y binding obligation of Consultant. This Agreement may be executed in counterparts, each one of which is deemed an original and all of which, taken together, constitute a single bindin g instrument. IN WITNESS WHEREOF, the parties have cau se d the Agreement to be executed on the Effective Dat e stat ed earlier in this Agreement. Na me Title Date -----cf-----.lf------ Ta'IC 1.D . No .: ------- APPROVED AS TO FORM: . ) , ) , l/:< 0 () fl C~L ,( .. / ;r;---' RAN-D Ert'P-FtS'icV.m,rs-c>N HeM- Cupertino City Attorney ., /+-c,L ~::~ ·-- CITY OF CUPERTINO Ci1y Pr ojec/ Ro11 1in e /11 speC1io11. Reso l111io11 of Bridge Pins and Rev iell' of l'eri111 e/er Fenc ing/or D011 Burnet/ Bicycle Foo tbri<t,. Des ign Profession al Agreement (single) /Rel'. Dec. 2017 Pa ge 10 of IO 21. ENTIRE AGREEMENT This Agreement and all its Sections represent the full and complete understanding of the Parties , of every kind or nature , and supersedes any and all other agreements and understandings , either oral or written , between them. Any modification of this Agreement will be effective only ifin writing and signed by each Party 's authorized representative . No verbal agreement or implied covenant will be valid to amend or abridge this Agreement. If there is any inconsistency between this main Agreement and the attachments or exhibits thereto , the text of the main Agreement shall prevail. 22. INSERTED PROVISIONS Each contractual provision or clause that may be required by law is deemed to be included and will be inferred in this Agreement. Either party may request an amendment to cure any mistaken insertion or omission of a required provision. 23. HEADINGS The headings 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. 24. SEVERABILITY/PARTIAL INVALIDITY If any term or provision of this Agreement, or their application to a particular situation , is found by the court to be void , invalid , illegal or unenforceable, such term or provision shall remain in force and effect to the extent allowed by such ruling. All other terms and provisions of this Agreement or their application to specific situations shall rema in in full force and effect. 25. SURVIVAL All provisions which by their nature must continue after the Agreement ends , including without limitation those referenc ed in specific Sections herein, survive this Agreement and shall remain in full force and effect. 26. NOTICES All notices , requests and approvals must be sent to the persons below in writing to the persons below , and will be considered effective on the date of personal delivery, the delivery date confirmed by a reputable overnight delivery service , on the fifth calendar day after deposit in the United States Mail , postage prepaid , registered or certified , or the next business day following electroni c submission: To Consultant: 1_-!N_T_B_C_o~rP~·--------- 1735 Te chnol ogy Dri ve. Suit e 650 , Sa n Jo se, CA 95110 To City of Cupertino l 0300 Torre Ave. Cupertino CA 9501 4 Attention: Roger Lee -~-----------Attenti on: Joh n Lit zinger Email : JLit zinger@>HNTB .c om Em a i I: rogerl@cu pert in o .org Ci ty Project Roi/line l11spectio11 . Resol11tio 11 of Br idge Pins and Revie,r of Perimeter Fenc in g/or Don Bumett Bicycle Foo tbridge De sign Professional Agrec>111ell/ (s ingle) 'Rev. Dec. 201 7 Page 9 nf IO HNTB Corporat ion E.\:hibit A DESIGN SERVICES SCOPFJHOURLY ESTIMATE For The DON BURNETT BICYCLE FOOTBRIDGE SCOPE OF SERVICES: T he following sco pe of se rvic es an d hourly estimate is provided for design serv ices to complete the project regardin g: A. Bridge Pin Repair B. Bridge Periodi c In s pection C. Bridge Survey D. Perimeter Fence Modification BRIDGE PIN REPAIR, BRIDGE BI-ANNUAL lNSPECTION AND SURVEY A. BRIDGE PIN REPAIR In March 20 18 , the City of Cupertino staff informed HNTB that the southeast pin of the Bridge worked it s way transversely in the westerly direction . The movement of the pin has s heared s L-x (6) .bolt s that secure th e cover plate that was in s talled in 2012. Around August 2012, th e Ci ty of Cupertino s taff also observed similar movement of th e northeast pin when the easterly movement of the pin ca used the inner cover plat e bolt to shear off. As a result , HNTB provided a detail with a WT section connected with sL-x (6) bolts to replace the single bolt detail per the orig inal construction. This detail was constructed to all 8 locations of the pin cover plate s in late 2012. Subsequent in 2016 durin g HNTB's routin e bridge in s pection , HNTB a lso observed mis sing bolt s on some of the cover plates . The pin details are identical at all four corners of the bridge, and latera l forc es are taken throu gh an independent sys tem to avoid unusual load s to th e pin s . Such details are ty pi cal of cable stayed bridges with short back s pans . The unu s ual lateral movement of only one of the four pins suggests either misalignment at this one corner or asymmetric loading or some combination of the two . Reinstallation of the pin did not pre sen t any difficulties once dead load was removed from the tie-down , us ing a jacking system that utilized the ex isting tie down bars as detailed in th e original contract drawings . To av oid future pin mo ve ment, a retrofit strategy that reduces pin lo ads und er service co ndition s (dead load , live load and th ermal load s) will be exp lored . Alternatively , enhancing the lat era l s tr engt h of th e pin-k eeper plate may also be sufficie nt. HNTB w ill coordinate w ith a Contractor , designated and contracted by the City , to design a repair detail to po s ition the pin back in place . The repa ir deta il can a lso be used for future repair s hou ld the pin(s) in th e other location work its way transversely . In Task 2, HNTB will coordinate with Kelley Eng ineering and Surv eyi ng, s ub-co ns ultant und er Task 5 to co ll ect additional s urv ey data at /ne ar th e fou r corners of the Bridge during the morning and afternoon temperature changes . HNTB will rev iew th e s urvey data for potentially anoma lous behavior . HNTB anticip ates the following tasks: fahibi 1 A & n. Curcnilo-1'1 a!)•A\e-l"t id !:Cl n'flocliu:u rdSur\Lj'-::ioorc M ])' 201 8-fonl-Q\2918 do:x Page I of 7 Printed 5/3I /2018 HNTB Corporation Task I -Engineering Support for Re set ting Bridge Pin HNTB will coordinate with a Contractor , designated and contracted by the City , to design a repair detail to position the pin back in place. The repair detail can also be used for future repair should the pin(s) in the other location work its way transversely. HNTB will provide engineering support to the City and Contractor to reset the bridge pin back in place. Task 2 -Engineering and Design of additional measures of Bridge Pin s HNTB will coordinate with Kelley Engineering and Surveying, sub-consultant under Task 5 to collect additional s urvey data at/near the four corners of the Bridge during the morning and afternoon temperature changes. HNTB will review the survey data for potentially anomalous behavior. HNTB will provide engineering and design of additional measures to mitigate the potential for future excessive transverse movement of the Bridge Pin . This will include review of the detail and bolt torqueing requirements of the previous installat ion in 2012. HNTB anticipates maximum of 2 sheets of drawings . HNTB shall provide the bolt torqueing requirement designed in 2012. Task 3 -Engineering Support for Placement of Addition Measures in Task 2 Assuming there are additional measures recommended in Task 2 above, HNTB will provide engineering support for the placement of these addition measures . This includes: a) Conducting an engineered review and approval of shop drawing s forwarded by the Contractor, b) Evaluating and approving that the work meets the approved desi gn . B. BRIDGE PERIODIC INSPECTION Task 4 -Bridge Periodic In spection HNTB will conduct the first Bridge Periodic Inspection of the bridge to primarily check for damage and wear to the structure, including deformations and incipient cracks (previous inspections have been Bridge Routine Inspections). The inspection follows Section 9 of HNTB's, Manual for Inspection and Maintenance of the Mary Avenue Bicycle Footbridge (lmpection Manua[) dated 17 Jul y 2009, and shall include the following elements: I . Substructure -This consists of above-grade portions of foundations, footing s, pedestals , and end piers (abutments). 2. Superstructure -This consists of concrete deck panels and closure pours , edge girders, fl oor beam s, leaf bearings (tie-downs), shear keys, pin tels , and threaded rod connections between tower struts and tloorbeams. 3. Tower -This consists of the tower legs extending above and below the roadway le vel. 4. Cable-Stay System -This consists of cable stays, sockets , and anchorages. 5. Roadway Features -This consists ofthe pedestrian railing, deck joint com pression sea l assemb lies , and the roadway drainage system . 6. Non-Structural Features -This consists of li ght in g systems and utilities. P eriodi c Insp ections are performed every ten years and include all aspects of Routine In spec tion s , plus a bridge survey, inspection of cable corrosion protection system , and other requirements outlined in Section 9 o f the inspec tion Manual . The elements listed above will be inspected either by visual or hands-on methods : b;hibnA& n. Cup!rtno-.\lJJ)·A,'!-!i"1d!J!l n~e:::uon1 nJ"°rn.;o-Sro rc ~by~CIX.fi m l-Cti2CJIR dn:x Page 2 o f7 Printed 5/31 /2018 HNTB Corporation • The visual method will be conducted from either on the bridge within Caltrans Right-of-Way or under the bridge within the City Right-of-Way using visual aids (such as binoculars, etc) from the ground and will not include equipment or tools to provide a different visual observation platform. The elements that are not able to be inspected visually will be noted in the report. • The hands-on method will be conducted from either on the bridge within Caltrans Right-of-Way or under the bridge within the City Right-of-Way that are accessible from the ground and will not include equipment or tool s to provide a different platform from which to have hands-on access. The elements that are not able to be inspected by hands-on access will be noted in the report. The forms included in the Operations and Maintenance Manual will be used in the preparation of a Bridge Inspection Report. The Bridge Inspection Report will be in memo form to provide the results of the findings of the bridge inspection. The results of the bridge survey described in Task below will be included in the memo report. HNTB's corrective measures shall be consolidated and summarized at the beginning of the report. The table below summarizes the different elements with items associated with each element and type of inspection method to be used: Routine Insncction Checklist Bridge Element Item Method of Inspection Footings Visual Tower Pedestals Visual Tower Legs Visual Substructure Tower Struts Visual Tower Base Plates Visual Tower Cable Anchorage Plates Visual Tower End Piers (Abutments) Hands-on Deck Slab Top (Hands-on), Bottom (Visual) Floorbeams Visual Leaf Bearings (Tie-Downs) Hands-on Superstructure Edge Girders Visual Cable-Stay System Visual , Hands-on at abutments Shear Ke ys Hands-on Pintels Visual Threaded Rod Connections Visual Deck Walking Surface Hands-on Aooroach Slabs Hands-on Deck Elastomeric Bearing Pads (at shear keys) Hands-on Expansion Joint Assemblies Hand s -on Pedestrian Railin g Hands-on Draina ge Svstem Hands-on Page] of7 Printed 5/3 I /20 I 8 HNTB Corporat ion Measurements Ex ans ion Joint O enings Hands-on Position of in s at leaf bearin crs Hands-on HNTB ass umes that a tel escop ic boom will be needed for access to cable and top of tow er inspection , and the City is able to pro vid e and operate a telescoping boo m on th e Brid ge . C. BRIDGE SURVEY Ta s k 5 -Bridge Survev HNTB w ill conduct (with sup port from Kelle y Engineering and Survey ing) a survey of the bridge to esta blish an update on th e performance of the bridge based on the Operation s and Maintenance Manual (Chapter 9 .8) for the bridge. The update will be compared to the baseline survey previously performed . The s urve y will inc Jude the following: a. Eleva t ion and location of the towers and piers. A single point on each tower will be se lected as the monitoring/surveyed point for the tower. b. Elevation (the profile grade of the deck) along the gutter lines and adjacent to each cable stay . c. Measurem ent of expansion joi nt openings. A I-hour pre-meeting for th e bridge s ur vey to confirm th e elements of the survey will be condu c ted on the da y of the bridge s urvey . See attached scope of work and fee estimate by Kelle y Engineerin g and Surveying dated 4/3/2018 for additional detail in describing thi s task. Task 6 -Engineering Suppo rt for Corrective Measure s Identified During Bi-annual Bridge In s pection Assuming there are additiona l measures recommended in Tas k 4 & 5 above, HNTB will provide engineered s upport for the corrective measures identified in the bi-annual bridge inspection report and evaluating and appro vin g that corrective meas ure s completed by th e Co nt ractor are acceptable . D. PERIMETER FENCE MODIFICATION Task 7 -Perimeter Fence Modification HNTB will provid e enginee rin g s upport to de s ign alternative s to deter the public from ga inin g access to the Brid ge exte rio r girders at both the Hom estead High School (north s ide) of the Brid ge and the Mary Ave nu e (south s ide ) of th e bridge . HNTB assumes that the design altern atives wi ll be limi ted to the ex ist in g perime ter fenci ng. The anti c ip ated ta s ks in c lu de : I. Gat her as -built s and record dra w in gs , curre nt s it e photos 2. On e (I ) one-ho ur field mee tin g wit h City, Sheriff, and Home s tead High School repre se ntative(s) attended by 2 HNTB representatives to: a. Unde rs tand how acces s is being gained , and b. Outline potenti al desi g n alt ernatives 3. Develop red lin e s ketche s on recor d drawi ngs /site photo s. Ass um e up to 3 alt ernative s. Page 4 of7 Print ed 5/3 1/2018 HNTB Corporation 4. Develop construction cost estimates of alternatives. 5. Memo and sketches to document ideas . 6 . City makes selection of preferred alternative . 7. Final design drawings of selected alternative (as part of the Bridge Pin Repair). 8. Engineering support during construction. COMPENSAnON HNTB will be compensated on a time and materials (not-to-exceed) basis for these Tasks. The attached breakdown (Exhibit C) of hours and tasks is approximate and assumed to be sufficient to establish the not-to-exceed cumulative amount for the Tasks as described above. It is assumed the hour breakdown between Tasks may need to be modified as the work is performed and completed. DESIGN PROFESSIONAL SERVICES AGREE.t'1ENT ("AGREEMENT'') The Agreement is amended as follows: I. 3.3 Time is of the essence-the word "essence " is replaced with "importance". 2. 4.4 Invoices and Payments -the following language is added at the end of the first paragraph: "If City objects to any invoice submitted by Consultant , City shall so advise Consultant in writing giving reasons therefor within seven (7) days of receipt of such invoice. If any invoice submitted by Consultant is disputed by City , only that portion so disputed may be withheld from payment at which time City shall immediately reimburse Consultant for any outstanding amounts due with respect thereto." 3. 11. Indemnification -the following language replaces this section in its entirety : 11.1 To the fullest extent allowed by law and except for los ses caused by the negligence or willful mi sconduct of City personnel , Consultant agrees to indemnify and hold harmles s the City. its City Council, board s and commissions, officers , officials , employees , (collectively . "Indemnitees "). as follows : a. Indemnity Obligations Subject to Civil Code Section 2782.8. With respect to th e Services performed in connection with the Agreement, Consultant s hall indemnify and hold harmless lnclernnitees from and against any and all liability against any I ndemnitee , including any injury to o r death of any person or damage to properly or other liability of any nature ( collectively . "Liability"). from any third parties, to the extent caused by the neg li ge nc e. reckles s ne ss, or willful mi sco nduct of.Co nsu ltant , it s officers , officials , emplo ye e , agent s or SubCo nsultants. Such co sts and expe nses s hall include reaso nabl e at1 orney fees for le ga l counsel of City 's choice , expert fee s , and all other costs and fees of litigation . In addition to it s indemnity ob li ga tion s. De s ign Profe ss ional will provide its immediate and ac ti ve cooperation and ass is tance to the City. at no add itional cost to th e City , in analyz in g. defendi ng. and resolvin g s uch Liabil ity. fa.hibi1A & O · Cu~rtho-:\fa.;,\ w-fr 1dy:ln:po:riom rdSurn .. )'-Sa.JI)! 1\ti}· 2018 .fim1 -05~918 dn:x Printed 5/3 I /20 I 8 Pa ge5 of7 HNTB Corporat ion b. C laim s In volvin g Intcllcctual Property. Cons ulta nt s hall indemnify , defend. and hold harml ess lnd emnit ees from and aga in st any clai m involving intellectual property , infrin ge ment or violation of a Uni ted States paten t right or co py ri ght. trade sec ret. tradema rk . or se rvice mark or ot her proprietary o r intell ec tu al prop ert y rig ht s , w hich ari ses out of. pertain s to , or re lates to Co nsu lt ant's neg li ge nce, rec kle ss ness, or w illful mi scond uc t. S uc h costs and expe nses w ill include reaso nabl e attorn ey fee s for le ga l counsel of City's choice , expert fees and all other costs and fees of litigat ion. c. Claims for Other Liability . For all othe r liabiliti es not included in pro v isio ns "b"a nd "c" above , Co nsu lt an t s hall indemnify and hold har ml ess th e lnd em ni tees against liability , in c luclin g any injury to or dea th of an y pers on or dama ge to property . or other li ab ilit y of any natur e to th e ex tent caused by th e neg li gen t ac ts error s or o mi ss ion s of perform anc e of thi s Ag re ement by Des ign Profes s ional. it s emplo yees. offi cers, offi c ia ls, or s ubconsultants . , obligations. or warranties , or any unauth oriz ed use or di sc lo s ure of City's confidenti al and propri etar y info rmation. 11.2 Consu lt ant will assist Ci ty, at no additional cost , in the defense of an y claim. di s pute or law sui t arising out of this Agreement. Consultant's dutie s herein are not limited to or s ubje ct to the Con tract Price. to Worker s ' Com pens ati on c !aims , or to the Insurance or Bond limit s and pr ov isio ns. Nothin g in thi s Agreement s hall be construed to g ive ri se to an implied right of indemnity in favor of Cons ult ant aga in s t any lndemnitee . Should the Consultant be requ ired to provide le ga l defense costs pursuant to the requirements set forth in thi s Section, any such reasonable legal defen se cost s hall be accrued to th e Co ns ult ant in a prorated proportion in accordance with the Co ns ult ant's perc entage of fault as determined by any applicabl e tri er-o f-fact or as ag reed to and in c orporated into any settl ement agree ment s. 4. 16 Termination -th e following lang uage is added at the end of the fir st paragraph : "Design Professional sha ll not be liable for any errors or omissions contai ned in the deliverables which are in com plete as a res ult of a s us pension or termination where Des ign Professional is depri ved of t he oppo rtuni ty to c ompl ete Design Profe ssional 's se rvice s." 5. The following language is added in it s ent ir ety after Sec ti on 19 Third Part y Beneficiaries: "2 0. DISPUTE RESO LUTION : In th e event ofa dispute between Cit y and Contractor aris in g out of or related to thi s Agreement. the aggrieved party s hall no tify the oth er party oft he di s pu te wit hin a reasonable tim e after s uch di s put e ari ses. If the parties cannot thereaft er re so lve th e di s pute , each party shall nominat e a se nior officer of it s mana geme nt to meet to reso lve the disput e by direct nego ti at ion or mediation . Should such negotiation or mediation fail to reso lve th e dispute, eit her party may pursue resolution of the dispute by arbi tr at ion ; prov ided , how ever. in the event th e partie s are unable to reach F. .. hib 1tA& n. Curertr.o ..,\1 itr):\\('-Lt'"1 d~ln!{IOC liomn:!Sunt .. j'-So:>p: ~by 20lS-tim l-Cf.2918dccx Page 6 of 7 Prin ted 5/3 I /2018 HNTB Corporation agreement to arbitrate under terms reasonably acceptable to both part ie s , ei ther party may pursue resolution in any cou rt ha vingjurisd ict ion." E.xhibit B SCHEDULE The sc hedule for the project is anticipated to be as follows : • Bridge Survey -NTP plus 4-8 weeks • Bridge Pin Repair Engineering Support -NTP plus 4 weeks • Bridge Pin Repair Des ign -NTP plus 8-12 weeks • Bridge Inspection -NTP plus 8-12 weeks • Bridge Inspection Report -2 weeks afte r completion of the Bridge Inspection and Bridge Survey • Preventive Fence Modifications -NTP plus 8-12 weeks for alternatives memo, and final design 8-12 weeks after City makes selection of preferred alternative • Engineerin g Support for Corrective Measures Identifi ed During Bi-annual Bridge In spection -per City schedu le but assumed to be performed by June 30 , 2019 E'jjh1bit A & 13 . CuJ"Crtiio-i\ fa,yr\ ,c-fridy:l n~ocoom rd Surn:.')'·Soorc ~ by 201 S..firn i-Cfi.29 IS dee " Page 7 of7 Pr in ted 5/3 I /2018 Ole Ole EXHIBIT C For Don Burnell 8 1c_yc1c foottmtl Job No. Mi,de b KG Checked b Onte S/29/2018 Oete DE SIG N SE RVICE S SCOPE/HOURLY ESTIMATE for the DON BURNETT B ICYCLE FOOTBRIDGE , erldge No. 37.-662 City of Cupertino , CaUtorni.1 BRIDGE PIN REPAIR, BRIDGE INSPECTION AND SURVEY Prine.In Principal Sr. Cha rge/ Structural Structural Project Engineer Engineer Manager J WL Backchecked b :-INTB T27511 Sheet No. Date Engineer Ill Engineer II Engineer t Technician Admln Asst Total I Expenses Hours 237 051 Ole I 237 051 051 051 1237 I I Senior I 051 237 05 1 237 I Cost Summary Hours I Fee Rate x Hours = Total Cos I I Actual Cost 4 B !Task 1 . Engineeri ng Support lor Re se ning Bridge Pi n h rs 4 2 2 4 O O O O 12 · --·· rate s:iio -S280 S1 75 S140 ··-··--s,20 S100 S160 ---S90 --··-· ···-···-----cost -·-·· S1 .240 S560 S350 S560 SO SO SO SO -$2.1101---·s100 ' Task 2 -Engineeri ng_•_ nd Design of additional m easures of L 8 116 1Bridge Pins hrs 4 12 40 24 o o 40 4 124 · ----· -----I rate S3 10 S280 S175 S140 S1 20 S100 S160 S90 ···--I ----·-···· cost l s i .240 ·· s :i.360 S7 .000 S3 .360 so so t S6~400 s:isci ___ s2'U20!----s100 To&k 3 -Enginee.ri ng s_uppon for the placement of add'H lon J 8 16 Jm e as ures Des igned ,n_Task 2 hrs O 4 12 8 O O O ____ O _____ ~ ------ rate S310 S280 S175 $140 S120 $100 51 60 S90 cos,---s o -·51.120 -~'iJCl Sl ,120 so so so ,, __ ~ $4,340 ----,wo 52 24 IT'ask 4_:_ll~ldgePoriodic tns pection hrs 4 8 1 16 24 o 20 O 4 ___ 7_6 _____ _ rate S3 10 S280 S175 5140 S1 20 $100 S160 S90 ------· cost S1 ,240 S2.240 S2.800 S3 .360 SO 52 .000 SO S3 60 $12,000 $450 B OLTask5-Bnd~ ---------hrs 2 o o 4 o o o 2 ______ 8 ___ _ ra te S310 5280 S175 S140 S120 S100 $1 60 S90 ,----~--f----- cost S620 SO SO S560 SO SO SO S180 $1,360 $3,345 I Ta sk 6 -Engineering Support fo r Correctiv e Me asures identified 28 2 Jb,-annual bridge ins pection hrs O 2 O 8 O 16 O 4 30 ·-----... -· ·-·· rate S310 S28 0 S1 75 S140 St20 $100 S160 S90 cost SO 5560 SO 51 . 120 SO S1 .600 SO S360 $3,640 $100 148 OITask 7 -Pcri'!'cte r Fence Mo difica tion hrs 16 O O 44 O 84 0 4 148 ___ ,, ___ _ __j_. ra te S310 S2BO S1 75 S14 0 S120 S100 S160 -~-=-S9"'0"I---~-- -------·-----------co st $4 ,960 SO SO $6.160 SO S8 .400 SO $360 $19 ,880 .... _ ·-· $100 ·---_ -----· ---==1-~~--j ---___ :i=====-~~~---•---- cost hrs ___ -·---· ra te ____ 1.. f -------1 --,--.. ·-·-·-· cost I 2561 1661Total HNTB Fee hrs 30 28 70 116 0 120 40 18 422 cost $9,300 $7,840 $12,250 $16,240 SO $12,000 $6,400 $1,620 $65.650 $4,296 Total Bridge In spection, Bridge Pin Repair and Survey $69 ,945 EXHIBIT C For Don Burnett Bicycle Footbridge Job No. 72754 Made b KG Checked b' JWL Date 5/29/2018 Date DESIGN SERVICES SCOPE/HOURLY ESTIMATE for the DON BURNETT BI CYC LE FOOTBRIDGE, Bridge No. 37-662 City of Cupertino, California BRIDGE PIN REPAIR, BRIDGE INSPECTION AND SURVEY Prine. In Principal Charge/ Structural Project Ofc Ofc Manager Engineer 237 051 Ofc 237 051 Summary Hours / Fee 4 8 Task 1 -Engineering Support fo r Resetting Bridge Pin hrs 4 2 rate $310 $280 cost $1,240 $560 Task 2 -En gineering and Design of additional measures of 8 116 Bridge Pins hrs 4 12 rate $310 $280 cost $1,240 $3,360 [ Task 3 • Engineering s upport for the placement of addition 8 16 measu res Designed in Task 2 hrs 0 4 rate $3 10 $280 cost $0 $1,120 I 52 24 Task 4 • Bridge Periodic Inspection hrs 4 8 rate $310 $280 cost $1,240 $2,240 [ 8 0 Task 5 -Bridge Survey hrs 2 0 rate $310 $280 cost $620 $0 I Task 6 -Engineering Support for Corrective Measu res identified 28 2 bi -annual bridge inspection hrs 0 2 rate $310 $280 cost $0 $560 148 O Task 7 • Perimeter Fence Modification hrs 16 0 rate $310 $280 cost $4 ,960 $0 hrs rate cost hrs rate cost 2561 166 Total HNTB Fee hrs 30 28 cost $9,300 $7,840 Total Bridge Inspection, Bridge Pin Repair and Survey Sr. Structural Engineer 051 2 $175 $350 40 $175 $7,000 12 $175 $2,100 16 $175 $2,800 0 $175 $0 0 $175 $0 0 $175 $0 70 $12,250 Engineer Ill 051/237 4 $140 $560 24 $140 $3,360 8 $140 $1,120 24 $140 $3,360 4 $140 $560 8 $140 $1 ,120 44 $140 $6,160 116 $1 6,240 Backchecked b MNTB Sheet No. Date Engineer II Engineer I Senior AdminAsst Total Expenses Technician Hours 051 237 051 237 Cost Rate x Hours = Total Cost Actual Cost 0 0 0 0 12 $120 $100 $160 $90 $0 $0 $0 $0 $2,710 $100 0 0 40 4 124 $120 $100 $160 $90 $0 $0 $6,400 $360 $21 ,720 $100 0 0 0 0 24 $120 $100 $160 $90 $0 $0 $0 $0 $4,340 $100 0 20 0 4 76 $120 $100 $160 $90 $0 $2,000 $0 $360 $12,000 $450 0 0 0 2 8 $120 $100 $160 $90 $0 $0 $0 $180 $1,360 $3,345 0 16 0 4 30 $120 $100 $160 $90 $0 $1,600 $0 $360 $3,640 $100 0 84 0 4 148 $120 $100 $160 $90 $0 $8,400 $0 $360 $19,880 $100 0 120 40 18 422 $0 $12,000 $6,400 $1 ,620 $65,650 $4,295 $69,945 KELLEY ENGINEERING AND SURVEYING 400 PARK CENTER DRIVE, SUITE #4, HOLLISTER, CA 95023 OFFICE: (831) 636-1104 FAX (831) 636-1837 ESTIMATE OF FEES Mary Avenue Bicycle Footbridge Survey April 3, 2018 Phase Item Description Code Survey Preparation 1 Enter Control Data 504 Field Survey 2 Tower Survey 3 Profile Grade Survey 4 Measure Expansion Joints 605 605 605 Report 5 6 Survey Calculations Survey Data Compiled 530 580 Hourly Rate 170 235 235 235 170 170 Estimated Hours 2 1.5 5 0.5 4 4 Estimated Fee $340 .00 $352.50 $1,175.00 $117 .50 $680.00 $680.00 Total $3,345.00 Notes: 1. All field work is to be completed in one trip. 2. Fees will be charged based on hourly rates attached . 3. HNTB to prepare bridge element survey form and make available prior to the survey. 4. KES will populate the form with the measured data. 5. This estimate assumes the control set in 2012 is recoverable in the field . 6. Field Survey hours include travel time to and from bridge . KELLEY ENGINEERING & SURVEYING 400 PARK CENTER DRIVE, SUITE #4, HOLLISTER, CA OFFICE: (831) 636-1104 FAX (831) 636-1837 1 FEE SCHEDULE OFFICE A ND PROFESSIONAL Principal Engineer/Land Surveyor. ................................................ $ 170.00 per hour Associate E ngineer/Land Surveyor .................................................. $ 13 5 .00 per ho ur Assistant E ngin eer. ................................................................... $ 115.00 per hour E n gineerin g Technician .............................................................. $ 95.00 per hour Clerical. ................................................................................ $ 65.00 per hour FIELD Survey Crew .......................................................................... $235.00 per hour MISCELLANEOUS COSTS In house black and white prints on bond at $2.50 per s heet In house co lor prints on bond at $10.00 per sheet In house mylar prints at $10.00 per s heet T hi s Fee Sc hed ul e is s ubj ect to revision after December 3 1, 20 18 Ill EXHIBJTD I11sura11ce Requirements Design Professionals & Consultants Contracts Consultant shall procure prior to commencement of Services and maintain for the dura tio n of the contract , at its O\vn cost and expen se, the following insurance policie s and coverage with companies doing business in California and acceptable to City . INSURANCE POLICIES AND MINIMUMS REQUIRED I. Commercial General Liability (CGL) for bodily i1tjury , property damage, personal injury liability for premises operations , products and completed operations , contractual liability, and personal and advertising injury with limits no less than S2,000,000 per occurrence (ISO Form CG 00 0 I). If a general aggregate limit applies , either the general aggregate limit shall apply separately to this t\ /J/i\ project/location (ISO Form CG 25 OJ or 25 04) or it shall be twice the required occurrence limit. j a. It shall be a requirement that any available insurance proceeds broader than or in excess of the ~ -~ ,, specified minimum insurance coverage requirements and/or limits shall be made available to the \)J}--Additional Insured and shall be (i) the minimum coverage/limit s specified in this agreement; or (ii) the \./ broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b. Additional Insured coverage under Consultant's policy shall be "primary and non-contributory," will not seek contribution fr om City 's insurance/self-insura nce , and shall be at lea st as broad as ISO Form CG 20 01 (04/13). c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements set fo11h in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primaiy and non -contributory basis for the benefit of City before th e City's own insurance or self-insurance shall be called upon to protect City as a named insured. 2. Automobile Liability: TSO CA 0001 covering any auto (including owned , hired , and non-owned I/ autos) with limits no les s than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compe11satio11: As required by the State of California , with Statutory Limits and V Employer's Liability lnsurance ofno less than Sl,000,000 per occurrence for bodily injury or disease. D Not required. Consultanl has provided written verification of no employees. 4. Professional Liability for professional acts , errors and omissions, as appropriate to Consultant's I/ profession, with limits no less than $2,000,000 per occurrence or $2,000,000 aggregate. If written on a claims made form : a. The Retroactive Date must be shown and must be before the Effective Date of the Contract. b. Insur ance must be maintained for at least five (5) years after completion of the Services . c. If coverage is canceled or non-renewed , and not replaced with another claim s-made policy fo rm with a Retroactive Date prior to the Contract Effective Date , the Co nsultant mu st purchase '"extended reponing" coverage for a minimum of five (S) year s afler co mp let ion of the Services. OTHER INSURANCE PROVISIONS The aforem e ntioned insuranc e shall be emlorsed and have all the foll ow ing conditions and provi s ions: E.xh. O-lns11ra11 ce Req11ire111e11tsfor De.s ign Pn?(eHio na ls & Consu ltal/l s ('0111mc1.1· Fo rm Cp dmed l'eb. 2018 Additio11a/ lus11red Status T he City of Cupertino , its City Council , officers, officials , employees, agents , serva nt s and volunteers ("Additional In sureds ") are to be covered as additional insureds on Consultant's CGL polic y. General Liability coverage can be provided in the form of a n endorsement to Consultant's insurance (at least as broad as ISO Form CG 20 IO (11 / 85) or both CG 20 IO and CG 20 37 fo rm s, if later editi ons are use d). Primary Coverage Coverage afforded to City/Additional Insur eds shall be primary insurance . Any insurance or se lf-insura nce maintained by City, its officers, official s, employees , or volunteers shall be excess of Consultant 's insurance and shall not co ntribute to it. Notice of Ca11cellatio11 Each insurance policy shall state that coverage shall not be canceled or allowed to expire , except with written notice to City 30 days in advance or l O days in advance if due to non-payment of premiums. Waiver of Subrogation Consultant waives any right to subrogation against City/ Additional Insured s for recove1y of damages to th e extent said losses are covered by the insurance policies required herein. Specifically, the Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Consultant, its employees, agents and subconsultants. This provision applies regardles s of whether or not the City has received a waiver of subrogation endorsement from the insurer. Deductibles and Self-br.rnred Rete11tions Any deductible or self-insured retention must be declared to and approved by the City. At City's option , either: the in surer must reduce or eliminate the deductibl e or self-insured retentions as re spect s the City/Additional Jnsured s; or Consultant must show proo f of ability to pay losses and costs related investigation s, claim administration and defen se expenses . The policy shall provide , or be endorsed to provide , that the self-insured retention may be satisfied by either the insured or the City. Acceptability of fllsurers Insurers must be licensed to do busine ss in Ca lifornia with an A.M . Best Rating of A-VII , orbetter. Veriflcatio11 of Coverage Consultant must furnish acceptable insurance ce1tificates and mandatory endorsements (or copies of the policie s effecting the coverage required by this Contract), and a copy of the Declarations and Endorsement Page of the CGL policy listin g all policy endorsements prior to commencement of the Contract. City retains the right to demand verification of compliance at any time during the Co ntract tenn . Subconsultanls Consultant shall require and verify that all subconsultants maintain insurance that meet the requirements of this Contract, including naming the C ity as an additional insured on subconsu lt ant 's in surance poli cies . Higher I11.rnrm1 ce Limits If Consultant maintain s broader cov erage and /or higher limits than them inimums show n above , City sha ll be entitled to coverage for the hi gher in suran ce limits main ta ine d byCo nsu ltant. Adequacy of Coverage C ity re serve s the ri ght to modify these in sur ance req u ire ment s/co erage ba sed on the nature of the risk , prior exp erien ce, in surer or olh er speci a l c ir c um stance s, with not less t han ninety (90) day s pr io r written notic e. f:xh O-lns 11ru11 cc /leq11 irc111 e11t sfor Design Pr1!fes:,ionals & Conm!t anH C ontracts Fo rm l.jJlla1ed Feb . lO 18 2 EXHIBITD Insurance Requirements Design Professionals & Consultants Contracts Consultant shall procure prior to commencement of Services and maintain for the duration of the contract, at its own cost and expense , the following insurance policies and coverage with companies doing business in California and acceptable to City. INSURANCE POLICIES AND MINIMUMS REQUIRED I. Commercial Ge11eral Liability (CGL) for bodily injury, propetty damage , personal injury lial;>ility for premises operations , products and completed operations, contractual liability, and personal and advettising inju1y with limits no less than $2,000,000 per occurrence (ISO Form CG 00 01). If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04) or it shall be twice the required occurrence limit. a. It shall be a requirement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the broader coverage and maximum limits of covel'age of any insurance policy , whichever is greater. ~ ~ lJP b. Additional Insured coverage under Consultant's policy shall be "prima1y and non -contributory," ~~ wi ll not seek contribution from City 's insurance/self-insurance , and sha ll be at least as broad as ISO \Y-Form CG 20 01 (04/13). c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributo1y basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect City as a named insured. 2. Automobile Liability: ISO CA 00 01 covering any auto (including owned , hired, and non-owned '60-"'-v autos) with limits no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: As required by the State of California, with Statutory Limits and I/ Employer's Liability Insurance of no less than $1,000,000 per occurrence for bodily injury or disease . D Not required. Consultant has provided written verification of no employees. 4. Professiollal Liability for professional acts , errors and omissions , as appropriate to Consultant's V profession, with limits no less than $2,000,000 per occurrence or $2,000,000 aggregate. If written on a fl '\\ claims made form: 4 (]' a. The Retroactive Date must be shown and must be before the Effective Date of the Contract. b. Insurance must be maintained for at least five (5) years after completion of the Services. c. ff coverage is canceled or non-renewed , and not replaced with another claims-made policy form with a Retroactive Date prior to the Contract Effective Date , the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of the Services . OTHER INSURANCE PROVISIONS The aforementioned insurance shall be endorsed and have all the following conditions and provisions: E.x h. D-fnsurance Requirements/or Design Profess ionals & Consultants Co ntracts Form Updated Fe b. 201 8 1 Additional Insured Status The City of Cupertino, its City Council , officers , officials, employees, agents, servants and volunteers ("Additional Insureds") are to be covered as additional insureds on Consultant's CGL policy. General Liability coverage can be provided in the form of an endorsement to Consultant's insurance (at least as broad as ISO Form CG 20 IO (11/ 85) or both CG 20 IO and CG 20 37 forms, if later editions are used). Primary Coverage Coverage afforded to City/Additional Insureds shall be primary insurance. Any insurance or self-insurance maintained by City, its officers , officials, employees, or volunteers shall be excess of Consultant's insurance and shall not contribute to it. Notice of Cancellation Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written notice to City 30 days in advance or IO days in advance if due to non-payment of premiums . Waiver of Subrogation Consultant waives any right to subrogation against City/Additional Insureds for recovery of damages to the extent said losses are covered by the insurance policies required herein . Specifically, the Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Consultant, its employees, agents and subconsultants. This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Deductibles and Self-Insured Retentions An y deductible or self-insured retention must be declared to and approved by the City. At City's option, either: the insurer must reduce or eliminate the de ductibl e or self-insured retentions a s respects the City/Additional Insureds; or Consultant must show proof o f ability to pay losses and costs relat ed investigations, claim administration and defense expenses. The policy shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the insured or the City. Acceptability of Insurers Insurers must be licensed to do business in California with an A .M . Best Rating of A-VII , or better. Verification of Coverage Consultant must furnish acceptable insurance certificates and mandatory endorsements ( or copies of the policies effecting the coverage required by this Contract), and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements prior to commencement of the Contract. City retains the right to demand verification of compliance at any time duringthe Contract term. Subconsultants Consultant shall require and verify that all subconsultants maintain insurance that meet the requirements of this Contract, including naming the City as an additional insured on subconsultant's insurance policies. · Higher Insurance Limits If Consultant maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to coverage for the higher insurance limits maintained by Consultant. Adequacy of Coverage City reserves the right to modify these insurance requirements/co verage based on the nature of the ri sk, prior experience , insurer or other special circumstances, w ith not less than ninety (90) days prior written notice . Ex h. D-lns urance Require me nt s f or Des ig n Pr ofess ionals & Con s uflanls Co ntrac ts F orm Up da!ed Feb. 20 18 2 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 04/12/2018 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 have ADDITIONAL INSURED provisions or 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 1-913-982-3650 CONTACT Business Insurance Manager NAME: IMA, Inc. iA~~N,T-c-"· ( 816) 472-2511 I ;ffc Nol: (816) 472-4060 E-MAIL businessinsurancemgr@hntb .com 51 Corporate Woods ADDRESS : 9393 w. 110th Street, Suite 600 INSURER!Sl AFFORDING COVERAGE NAIC# Overland Park, KS 66210 INSURER A: LIBERTY INS CORP -. 42404 INSURED INSURER B : LIBERTY MUT FIRE INS CO 23035 HNTB Corporation INSURER C: Travelers Property Casualty Company of 1643 .. 715 Kirk Drive INSURER D : INSURER E: ' '-Kansas City, MO 64105 INSURER F : ' COVERAGES CERTIFICATE NUMBER· 52574582 REVISION NUMBER· ' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABO VE FOR THE POLIC Y PERIOD INDICATED . NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMEN T 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 , EXC LUSIONS AND CONDITIONS OF SUCH POLICIES . LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLA IMS . INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE ,,.,en ,,.n,n POLICY NUMBER IM MID D/YYYY I IMM/DD/YYYYl LIMITS A X COMMERCIAL GENERAL LIABILITY TB7-641 -43303 5-218 01/01/18 01/01 /19 EACH OCCURRENC E $ 1,000 ,000 V -=:J CLA IM S-MADE 0 OCCUR DAMAGE TO RENTED -PREMISES !Ea occurrence\ $ 1,000,000 >-- .. MED EXP (Any one person) $ 10,000 < PERSONAL & AOV INJ URY $ 1,000,000 -GEN'L AGGREGATE LIMIT APPLIES PER : GE NERAL AGGREGATE $ 2,000,000 V ~ POLICY ~ j~T ~LOG PRODUCTS -COMP/O P AGG $ 2,000,000 OTHER: V $ B AUTOMOBILE LIABILITY AS2-641-433035-208 01 /01/18 01/01/19 COMB IN ED SIN GLE LIMI T s 2,000,000 v' !E a acciden t\ - X ANY AUTO BODILY INJU RY (Per person) $ --OWNED SC HEDUL ED / AUTOS ONLY AUTOS BODILY INJURY (Per accident) s -HIRED -NON-OWNED I PROPERTY DAMAGE AUTOS ON LY AUTOS ONLY !Per accident\ $ --$ - A X UMBRELLA LIAB M OCCUR TH7-641-443953-378 01/01/18 01/01/19 EACH OCCURRENCE s 25,000,000 V -EXCESS LIAB CLA IM S-MA DE AGGREGATE s 25,000,000 OED I I RETENT ION $ s WORKERS COMPENSATION WA2-64D-433035-668 01/01/18 01/01/19 x I ~~fTuTE I I OTH -B AND EMPLOYERS " LIABILITY ER YIN 1,000,000 ,./ ANYPROPRIETOR/PARTNER/EXECUTIVE ~ E.L. EAC H ACC ID ENT $ OFFI CER/M EMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE s 1,000,000 II ye s. describe under DESCR IPTI ON OF OPERAT IONS below E.L. DI SEASE -POLI CY LIMIT $ 1,000,000 C Excess/Umbrella Liability ZUP51Ml9240-18 -NF 01/01/18 01/01 /19 Each Occurance 25,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) HNTB Job 72754. City of Cupertino, CA, its City Council, officers, officials, employees, agents, servants, and volunteers are included as Addiitonal Insureds on the General Liability Policy if required by written contract or agreement subject to the policy terms and conditions . A Waiver of Subrogation is provided in favor of Additional Insureds on the General and Aut, Liability and Workers Compensation Policies if required by written contract or agreement subject to the policy terms ani conditions. This Insurance is Primary and Non-Contributory on the General Liability Policy subject to the policy terms and conditions. CERTIFICATE HOLDER City of Cupertino, CA 10300 Torre Avenue Cupertino, CA 9 5014-3202 I ACORD 25 (2016/03) ktoyne 52 574582 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE USA o~~. ~ © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 5/1/2018 4/13 /2018 THIS CERTIFICATE IS ISSUED AS A MATIER 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 have ADDITIONAL INSURED provisions or 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 Lockton Companies CONTACT NAME : 444 W. 47th Street, Suite 900 PHONE I FAX IA/C. No. Ext\: (A/C Nol: Kansas City MO 64112-1906 E-MAIL (816) 960-9000 ADDRESS : INSURER($) AFFORDING COVERAGE NAIC# INSURER A : Llovds of London INSURED HNTB CORPORATION INSURER B : 1445095 715 KIRK DRIVE INSURER C: KANSAS CITY MO 64105 INSURER D : INSURER E : INSURER F : COVERAGES MAfN CERTIFICATE NUMBER: 15323803 REVISION NUMBER: xxxxxxx 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. EXC LUSIONS AND CONDITIONS OF SUCH POLICIES . LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . INSR ADDL SUBR (~~l-Jii~l (~~h\ii~, LTR TYPE OF INSURANCE l"'~n ••n,n POLIC Y NUMBER LIMITS COMMERCIAL GENERAL LIABILITY NOT APPLICABLE EACH OCCURRENCE $ xxxxxxx -~ CLA IM S-MADE D OCCUR DAMAGE TU Rt:NTED PREMISES !Ea occurrence\ $ xxxxxxx -MED EXP (Any one person) $ xxxxxxx PERSONAL & ADV INJURY $ xxxxxxx -GEN'L AGGREGATE LIMIT APPLIES PER : GENERAL AGGREGATE $ xxxxxxx ~ D PRO-D Loc. PRODUCTS -COMP/OP AGG $ xxxxxxx POLICY JECT OTHER: $ AUTOMOBILE LIABILITY NOT A PPLI CABLE COMB INED SIN GLE LIM IT $ xxxxxxx !Ea accident\ - ANY AUTO BODILY INJURY (Pe r person ) $ xxxxxxx -OWNED -SCHEDULED BODILY INJURY (Per accident) $ xxxxxxx -AUTOS ONLY -AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ xxxxxxx -AUTOS ONLY -AUTOS ONLY !Per accident\ $ xxxxxxx UMBRELLA LIAS H OCCUR NOT APPLICABLE EACH OCCURRENCE $ xxxxxxx - EXCESS LIAS CLAIMS-MADE AGGREGATE $ xxxxxxx DED I I RETENTION $ $ xxxxxxx WORKERS COMPENSATION NOT APPLICABLE I PER I I OTH- AND EMPLOYERS' LIABILITY STATUTE ER YIN ANY PROPRIETOR/PARTNER/EXE CUT IVE D N/A E.L. EACH ACCIDENT $ xxxxxxx OF FI CER/MEMBER EXC LUDED? (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ xxxxxxx If yes, describe under E.L. DISEASE -POLICY LIMIT $ xxxxxxx DESCRIPTION OF OPERATIONS below A PROFESS IONAL N N LDUSA 1704553 5/1/2017 5/1/20 18 $2 ,000 ,000 PER CLAIM/ ANNUAL LIAB I LITY AGGREGATE DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101 , Additional Rem~rks Schedu le, may be attached if more space is required) RE: HNTB JOB #7275 4 . CERTIFICATE HOLDER 15323803 CITY OF CUPERTINO , CA 10300 TORRE AVENUE CUPERTINO CA 95014-3202 I ACORD 25 (2016/03) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF , NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS . AUTHORIZED REPRESENTAllV;J ~ l'1 );Ji, ©1 10. ORD C RPO RAT ON 988 0 5 The ACORD name and logo are registered marks of ACORD 0 A I ri hts reserved . g \) JS720 1i0000450005J WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: As required by written contract or agreement entered Into prior to loss Information required to complete this Schedule, if not shown above, will be shown in the Declarations . The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV -Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. This cnJorscmmt ,~ executed by the l .lliEJflY INSURAl':CI ·: CORI'< >RATION l'n-mium $ F.ff ecti ,·e Date For aruch"1"1lt to Poli()· No. :\udit liasis Issued To Issued CG 24 04 05 09 Countersigned by Sales Office and No. © Insurance Services Office, Inc., 2008 End. Seri,! N o. Page 1 of 1 Policy Number AS2-641-4330 35 -208 V Issued by liberty Mutual Fire Insurance Co . A. Coverage 1. Paragraph B.7. of SECTION IV -BUSINESS AUTO CONDITIONS is amended by the addition of the following: The coverage territory is extended to include Mexico but only if all of the following criteria are met: a. The "accidents" or "loss" occurs within 25 miles of the United States border: and b. While on a trip into Mexico for 10 days or less. 2. For coverage provided by this section of the endorsement, Paragraph B.5 . Other Insurance in SECTION IV -BUSINESS AUTO CONDITIONS is replaced by the following : The insurance provided by this endorsement will be excess over any other collectible insurance. B. Physical Dam age Coverage is amended by the addition of the following: If a "loss" to a covered "auto" occurs in Mexico, we will pay for such "loss " in the United States. If the covered "auto" must be repaired in Mexico in order to be driven, we will not pay more than the actual cash value of such "loss" at the nearest United States point where the repairs can be made . C. Additional Exclusions The following additional exclusions are added: This insurance does not apply: 1. If the covered "auto " is not principally garaged and principally used in the Un ited States. 2. To any "insured" who is not a resident of the United States . XXIII. WAIVER OF SUBROGATION Paragraph A.5 . in SECTION IV -BUSINESS AUTO CONDITIONS does not apply to any person or organization where the Named Insured has agreed, by written contract executed prior to the date of "accident·, to waive rights of recovery against such person or organization. AC 84 07 0713 © 2013 Liberty Mutual Insurance. All rights reserved . Includes copyrighted material of Insurance Services Office, Inc ., with its permission. Page10of11